Colocation. With the prior written consent of Lessor, not to be unreasonably withheld, Customer may physically colocate the equipment of a third-party (each, a “Colo User”) at the Customer Area and utilize the Customer Area for the benefit of these Colo Users provided that Customer (i) registers in advance with Lessor the name, contact information and specific services utilized by such Colo User, (ii) ensures the compliance by such Colo User with this Agreement (including without limitation the Terms and Conditions and the Rules and Regulations), (iii) remains responsible and liable for the acts, omissions and other conduct of such Colo User, and (iv) does not solicit for any services which compete with Lessor’s business of licensing space and providing Related Data Center Services (including without limitation colocation services) from any customer of Lessor or prospect which Customer learns about as a result of its business dealings with Lessor or access to the Data Center. Lessor will not permit Customer to provide any Related Data Center Services to a Colo User which has been terminated or refused service directly by Lessor. In consideration for the foregoing, upon expiration or termination of this Agreement for any reason (including failure by Customer to timely pay amounts due hereunder) or upon the request of any Colo User or other client of Customer, Lessor retains the right (but not obligation) to contract directly with that party for the provision of any Related Data Center Services. Customer specifically consents to the use by Lessor of the Colo User information which Customer registers with Lessor for this purpose. Under no circumstances shall Lessor be obligated to discontinue services to a Colo User which desires the continuation of such services.
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Samples: Lease and Master Services Agreement, Lease and Master Services Agreement (Newtek Business Services Inc)
Colocation. With the prior written consent of LessorLicensor, not to be unreasonably withheld, Customer may physically colocate the equipment of a third-party (each, a “Colo User”) at the Customer Area and utilize the Customer Area for the benefit of these Colo Users provided that Customer (ia) registers in advance with Lessor Licensor the name, contact information and specific services utilized by such each Colo User, (iib) ensures the compliance by such each Colo User with this Agreement (including without limitation the Terms and Conditions and the Rules and Regulations), (iiic) remains responsible and liable for the acts, omissions and other conduct of such each Colo User, and (ivd) does not solicit for any services which compete with LessorLicensor’s business of licensing space and providing Related Data Center Services (including without limitation colocation services) from any customer of Lessor Licensor or prospect which Customer learns about as a result of its business dealings with Lessor Licensor or access to the Data Center. Lessor will Customer shall not permit Customer to provide any Related Data Center Services to a Colo User which has been terminated or refused service directly by LessorLicensor. In consideration for the foregoing, upon expiration or termination of this Agreement for any reason (including failure by Customer to timely pay amounts due hereunder) or upon the request of any Colo User or other client of Customer, Lessor Licensor retains the right (but not obligation) to contract directly with that party for the provision of any Related Data Center Services. Customer specifically consents to the use by Lessor Licensor of the Colo User information which Customer registers with Lessor Licensor for this purpose. Under no circumstances shall Lessor Licensor be obligated to discontinue services to a Colo User which desires the continuation of such services.
Appears in 1 contract
Samples: License and Master Services Agreement (LYFE Communications, Inc.)