Common use of Colocation Services Clause in Contracts

Colocation Services. 3.1 Customer may, pursuant to and as described in a particular Sales Order Form, desire to sublease from Internap certain space (the “Space”) to locate certain equipment (the “Equipment”). 3.2 Customer shall use the Space solely for the location and operation of the Equipment. Customer shall not connect or interconnect the Equipment with any other equipment or services of any third party without Internap’s prior written consent. Except as set forth in the applicable SLA, the Space is accepted “AS IS” by Customer and Internap makes no representation or warranty as to the fitness of the Space for Customer’s intended use. Subject to Customer’s compliance with all standard and reasonable applicable clearance and authorization procedures, access to the Space shall be available twenty-four hours per day, seven days per week, but shall be limited to those employees of Customer identified to and approved by Internap in writing. If any employee of Customer causes any damage or threat of damage to any equipment, individual or the Space in Internap’s sole discretion, Internap may rescind such employee’s right to access in the Space. Internap shall have the right to access the Space at any time for any purpose, but shall not, except upon Customer’s request, have the right to use or access Customer-provided equipment. Internap shall have the authority (without subjecting Internap to any liability related thereto) to suspend Customer’s operations in and around the Space if, in Internap’s sole discretion, there arises any hazardous condition, unsafe practice or emergency situation. Internap may, upon reasonable notice, require Customer to relocate the Equipment to another space, provided, however, that such other space shall afford reasonably comparable access, environmental conditions and facilities. All reasonable costs of relocating the Equipment in the above circumstance shall be born by Internap. 3.3 Neither Customer nor its agents or contractors shall make any alterations or improvements to the Space prior to submitting all plans and specifications for such improvements to Internap and receiving Internap’s prior written consent. All fixtures, alterations, improvements and/or appurtenances attached to or built into, on or about the Space shall be and remain part of the Space and shall not be removed by Customer (unless otherwise directed by Internap). Upon termination, expiration or cancellation of any sublease hereunder, except for alterations as described herein, Customer shall return the Space to the manner in which it existed upon commencement of the sublease, reasonable wear and tear excepted. Customer shall be liable for all damage to the Space (excluding any damage caused by Internap or third parties not under the supervision of Customer), including costs and expenses required to return the Space to its original condition. 3.4 Customer shall take all actions reasonably necessary to comply with the requirements of any underlying agreement or instrument related to or encumbering the Space upon notice of such requirements. Customer, its employees, agents and contractors shall abide by all applicable laws, regulations, tariffs, rules and policies related to the Space. In the event that any underlying agreement or instrument terminates, the Sales Order Form for Customer’s colocation of the Space shall automatically terminate and any Services provided in connection with the Space shall also terminate and Internap shall not be liable for any damages related thereto. 3.5 In the event that Customer fails to pay Internap all undisputed amounts owed under this Agreement when due, Customer agrees that, upon delivery of written notice to Customer and a reasonable period to cure, Internap may (a) restrict Customer’s physical access to the Space and Equipment; and/or (b) take possession of the Equipment and store it, at Customer’s expense, and exercise all remedies available under applicable law, all without being liable for prosecution or for damages.

Colocation Services. 3.1 Customer may, pursuant to and as described in a particular Sales Order Form, desire to sublease "sublease" from Internap Meriplex certain space (the “Space”) in which to locate certain equipment owned by Customer (the “Equipment”). This provision does not constitute a lease of any real or personal property or a grant of any other real property interest. Customer acknowledges and agrees that for "subleased" colocation Space and Services provided in any jurisdiction, Customer is granted only a license to use the Space in accordance with this Agreement. 3.2 11.7.1 Customer shall use the Space solely for the location and operation of the Equipment. Customer shall not connect or interconnect the Equipment with any other equipment or services of any third third-party without InternapMeriplex’s prior written consent. Except as set forth in the applicable SLAService Level Agreement, the Space is accepted “AS IS” by Customer Customer, and Internap Meriplex makes no representation or warranty as to the fitness of the Space for Customer’s intended use. Subject to Customer’s compliance with all standard and reasonable applicable clearance and authorization procedures, access to the Space shall be available twenty-four (24) hours per day, seven (7) days per week, but shall be limited to those employees of Customer identified to and approved by Internap Meriplex in writing. If any employee of Customer causes any damage or threat of damage to any equipment, individual individuals, or the Space Space, Meriplex in Internap’s its sole discretion, Internap discretion may rescind such employee’s right to access in the Space. Internap Meriplex shall have the right to access the Space at any time for any purpose, but shall not, except upon Customer’s request, have the right to use or access Customer-provided equipment. Internap Meriplex shall have the authority (without subjecting Internap Meriplex to any liability related thereto) to suspend Customer’s operations in and around the Space Space, if, in InternapMeriplex’s sole discretion, there arises any imminently hazardous condition, unsafe practice practice, or an emergency situation. Internap Meriplex shall have the authority (without subjecting Meriplex to any liability related thereto) to suspend Customer’s operation in and around the Space upon forty-eight (48) hours’ Notice to Customer, if, in Meriplex’s sole discretion, there arises any non-imminently hazardous condition or unsafe practice or condition, and waiting forty-eight (48) hours before taking action is not likely to (a) cause harm or damage to any person or property and/or (b) the condition or practice is not likely to become materially worse such that the cost or effort to resolve it is caused to be greater by the forty-eight (48) hour postponement of action. Meriplex may, upon reasonable noticeNotice, require Customer to relocate the Equipment to another space, space within a reasonable time based upon the reasons for such relocation; provided, however, that such other space shall afford reasonably comparable access, environmental conditions conditions, and facilities. All reasonable costs Meriplex shall have the right at any time to change or discontinue any aspect or feature of relocating the Equipment its Services including, but not limited to, changes required by changes in the above circumstance shall be born by Internapgovernment regulations. 3.3 11.7.2 Neither Customer Customer, nor its agents or agents, nor its contractors shall make any alterations or improvements to the Space prior to without (a) submitting all plans and specifications for such improvements to Internap Meriplex and receiving Internap(b) receipt of Meriplex’s prior written consent. Meriplex’s written consent shall not unreasonably be withheld, conditioned, or delayed. All fixtures, alterations, improvements and/or appurtenances attached to or built into, on on, or about the Space shall be and remain part of the Space and shall not be removed by Customer (unless otherwise directed by InternapMeriplex). Upon termination, expiration expiration, or cancellation of any sublease use of the Space hereunder, except for alterations as described herein, Customer shall return the Space to the manner in which it existed upon commencement of the sublease, reasonable wear and tear excepted. Customer shall be liable for all damage to the Space (excluding any damage and/or Meriplex equipment caused by Internap or third parties not under the supervision of Customer), including all costs and expenses required to return the Space and/or Meriplex equipment to its original condition. 3.4 11.7.3 Customer shall take all actions reasonably necessary to comply with the requirements of any underlying agreement or instrument related to or encumbering the Space upon notice Notice of such requirementsrequirements delivered to Customer prior to occupancy of the Space, and Customer acknowledges that its use of the Space is subject and subordinate to any such underlying agreement or instrument. Customer, its employees, agents agents, and contractors shall abide by all applicable laws, regulations, tariffs, rules rules, and policies related to the Space. In the event that any underlying agreement or instrument terminates, the Sales Order Form for Customer’s colocation of the Space shall automatically terminate terminate, and any Services provided in connection with the Space shall also terminate and Internap Meriplex shall not be liable for any damages related thereto. 3.5 11.7.4 In the event that Customer fails to pay Internap all Meriplex any undisputed amounts owed for the use of the Space under this Agreement a Sales Order when due, Customer agrees that, upon delivery of written notice to Customer and a reasonable period to cure, Internap that Meriplex may (a) restrict Customer’s physical access to the Space and Equipment; and/or (b) take possession of the Equipment and store it, at Customer’s expense, and exercise all remedies available under applicable law, all without being liable for prosecution or for damages.

Colocation Services. 3.1 Customer may, pursuant to and as described in a particular Sales Order Form, desire to sublease from Internap certain space (the “Space”) to locate certain equipment (the “Equipment”). 3.2 Customer shall use the Space solely for the location and operation of the Equipment. Customer shall not connect or interconnect the Equipment with any other equipment or services of any third party without Internap’s prior written consent. Except as set forth in the applicable SLA, the Space is accepted “AS IS” by Customer and Internap makes no representation or warranty as to the fitness of the Space for Customer’s intended use. Subject to Customer’s compliance with all standard and reasonable applicable clearance and authorization procedures, access to the Space shall be available twenty-four hours per day, seven days per week, but shall be limited to those employees of Customer identified to and approved by Internap in writing. If any employee of Customer causes any damage or threat of damage to any equipment, individual individuals or the Space Space, in Internap’s sole discretion, Internap may rescind such employee’s right to access in to the Space. Internap shall have the right to access the Space at any time for any purpose, but shall not, except upon Customer’s request, have the right to use or access Customer-provided equipment. Internap shall have the authority (without subjecting Internap to any liability related thereto) to suspend Customer’s operations in and around the Space if, in Internap’s sole discretion, there arises any hazardous condition, unsafe practice or emergency situation. Internap may, upon reasonable notice, require Customer to relocate the Equipment to another space, ; provided, however, that such other space shall afford reasonably comparable access, environmental conditions and facilities. All reasonable costs of relocating the Equipment in the above circumstance shall be born by Internap. 3.3 Neither Customer nor its agents or contractors shall make any alterations or improvements to the Space prior to submitting all plans and specifications for such improvements Improvements to Internap and receiving Internap’s prior written consent. All fixtures, alterations, improvements and/or appurtenances attached to or built into, on or about the Space shall be and remain part of the Space and shall not be removed by Customer (unless otherwise directed by Internap). Upon termination, expiration or cancellation of any sublease hereunder, except for alterations as described herein, Customer shall return the Space to the manner in which it existed upon commencement of the sublease, reasonable wear and tear excepted. Customer shall be liable for all damage to the Space (excluding any damage caused by Internap or third parties not under the supervision of Customer)Space, including all costs and expenses required to return the Space to its original condition. 3.4 Customer shall take all actions reasonably necessary to comply with the requirements of any underlying agreement or instrument related to or encumbering the Space upon notice of such requirements. Customer, its employees, agents and contractors shall abide by all applicable laws, regulations, tariffs, rules and policies related to the Space. In the event that any underlying agreement or instrument terminates, the Sales Order Form for Customer’s colocation collocation of the Space shall automatically terminate and any Services provided in connection with the Space shall also terminate and Internap shall not be liable for any damages related thereto. 3.5 To secure the payment of the Fees due under this Agreement, Customer hereby grants to Internap a continuing security interest in and lien upon the Equipment. In the event that Customer fails to pay Internap all undisputed amounts owed under this Agreement when due, Customer agrees that, upon delivery deliver of written notice to Customer and a reasonable period to cure, Internap may (a) restrict Customer’s physical access to the Space and Equipment; and/or (b) take possession of the Equipment and store it, at Customer’s expense, and exercise all remedies available under applicable law, all without being liable for prosecution or for damages.

Colocation Services. 3.1 Customer may, pursuant to and as described in a particular Sales Order Form, desire to sublease from Internap certain space (the “"Space”") to locate certain equipment (the “"Equipment”"). 3.2 Customer shall use the Space solely for the location and operation of the Equipment. Customer shall not connect or interconnect the Equipment with any other equipment or services of any third party without Internap’s 's prior written consent. Except as set forth in the applicable SLA, the Space is accepted “"AS IS” " by Customer and Internap makes no representation or warranty as to the fitness of the Space for Customer’s 's intended use. Subject to Customer’s 's compliance with all standard and reasonable applicable clearance and authorization procedures, access to the Space shall be available twenty-four hours per day, seven days per week, but shall be limited to those employees of Customer identified Identified to and approved by Internap Intenap in writing. If any employee of Customer causes any damage or threat of damage to any equipment, individual individuals or the Space Space, in Internap’s 's sole discretion, . Internap may rescind such employee’s 's right to access in to the Space. Internap shall have the right to access the Space at any time for any purpose, but shall not, except upon Customer’s request, have the right to use or access Customer-provided equipment. Internap shall have the authority (without subjecting Internap to any liability related thereto) to suspend Customer’s 's operations in and around the Space if, in Internap’s 's sole discretion, there arises any hazardous condition, unsafe practice practices or emergency situation. , Internap may, upon reasonable notice, require Customer to relocate the Equipment to another space, ; provided, however, that such other space shall afford reasonably comparable access, environmental conditions and facilities. All reasonable costs of relocating the Equipment in the above circumstance shall be born by Internap. 3.3 Neither Customer nor its agents or contractors shall make any alterations or improvements Improvements to the Space prior to submitting all plans and specifications for such improvements to Internap and receiving Internap’s 's prior written consent. All fixtures, alterations, improvements and/or appurtenances attached to or built into, on or about the Space shall be and remain part of the Space and shall not be removed by Customer (unless otherwise directed by Internap). Upon termination, expiration or cancellation of any sublease hereunder, except for alterations as described herein, Customer shall return the Space to the manner in which it existed upon commencement of the sublease, reasonable wear and tear excepted. Customer shall be liable for all damage to the Space (excluding any damage caused by Internap or third parties not under the supervision of Customer)Space, including all costs and expenses required to return the Space to its original condition. 3.4 Customer shall take all actions reasonably necessary to comply with the requirements of any underlying agreement or instrument related to or encumbering the Space upon notice of such requirements. Customer, its employees, agents and contractors shall abide by all its applicable laws, regulations, tariffs, rules and policies related to the this Space. In the event that any underlying agreement or instrument terminates, the Sales Order Form for Customer’s colocation 's cologation of the Space shall automatically terminate and any Services provided in connection with the Space shall also terminate and Internap shall not be liable for any damages related thereto. 3.5 To secure the payment of the Fees due under this Agreement, Customer hereby grants to Internap a continuing security interest in and lien upon the Equipment. In the event that Customer fails to pay Internap all undisputed amounts owed under this Agreement when due, Customer agrees that, upon delivery of written notice to Customer and a reasonable period to cure, Internap may (a) restrict Customer’s 's physical access to the Space and Equipment; and/or (b) take possession of the Equipment and store it, at Customer’s 's expense, and exercise all remedies available under applicable law, law all without being liable for prosecution or for damages.