Common use of Colocation Clause in Contracts

Colocation. Grantor acknowledges that the business to be conducted by the undersigned Grantee in the Colocation Premises requires the installation of certain equipment (described below) owned by customers or co-locators of the undersigned Grantee (“Permitted Licensees”) in the Colocation Premises, in order for the Permitted Licensees to place and maintain computer, switch and/or communications equipment which may interconnect with Grantee’s facilities and/or the Permitted Licensees’ facilities (the “Permitted Interconnection”). To expedite the Permitted Licensees’ access to the Colocation Premises for the Permitted Interconnection, Grantor expressly agrees that Grantee may, without Grantor’s further consent, license portions of the Colocation Premises to the Permitted Licensees for the sole purpose of the Permitted Interconnection pursuant to written agreements by and between Grantee and the Permitted Licensees (collectively, “Permitted Agreements”); provided, however, that (a) Grantee provides a list of contact information for such Permitted Licensees in a format that Grantor may reasonably alter from time-to-time, (b) Grantee pays to Grantor as Additional Colocation Fees Grantor’s prevailing fee for each Permitted Licensee (the “Access Card Fee”) for the purpose of providing the Permitted Licensee with access to the Colocation Premises, which Access Card Fee, as of the date of this Agreement, is $35 per access card and is subject to increases from time-to-time during the Term of this Agreement, and (c) the Permitted Licensee’s license of a portion of the Colocation Premises may not violate the terms of this Agreement or any Applicable Laws. Grantor expressly waives its right to prior review of such Permitted Agreements. Grantee’s Permitted Agreements with the Permitted Licensees may not affect, or provide any rights with respect to or to use in any manner, the Pathway as defined in Item 7 of the Basic Colocation Information or Grantee’s interconnections. The Permitted Licensees shall comply with all Applicable Laws and the Rules and Regulations. The Permitted Agreements and the Permitted Licensees’ rights thereunder shall be subject and subordinate at all times to the Agreement and all of its provisions, covenants and condition. Grantee hereby agrees to indemnify, defend, and hold harmless Grantor and the Grantor Group from and against (and to reimburse Grantor and the Grantor Group for) any and all Claims (defined in Section 14.2, below) arising from or in any manner relating to (i) any Permitted Agreement, (ii) the use or occupancy of the Grantee Space or any other portion of the Building or the Property by any Permitted Licensee or any person claiming by, through or under any Permitted Licensee, its partners, and their respective officers, agents, servants or employees of Grantee or any such person (collectively, the “Colocating Parties”), or (iii) the acts or omissions of any Permitted Licensee or any Colocating Parties. Anything to the contrary contained herein notwithstanding, Grantor and Grantee acknowledge and agree that Permitted Agreements shall not constitute, or be deemed to be, the grant of a leasehold interest or otherwise constitute, or be deemed to be, a real property interest.

Colocation. Grantor Landlord acknowledges that the business to be conducted by the undersigned Grantee Tenant in the Colocation Premises requires the installation of certain equipment (described below) owned by customers or co-locators of the undersigned Grantee Tenant (“Permitted Licensees”) in the Colocation PremisesPremises (or in the Meet-Me Room, subject to the terms of the MMR Lease), in order for the Permitted Licensees to place and maintain computer, switch and/or communications equipment which may interconnect with GranteeTenant’s facilities and/or the Permitted Licensees’ facilities (the “Permitted Interconnection”); provided that, in no event shall Tenant or any Permitted Licensee have the right or ability to provide MMR Services, as described in Section 6.1 of this Lease (except in the Meet-Me Room, as may be provided in the MMR Lease). To expedite the Permitted Licensees’ access to the Colocation Premises for the Permitted Interconnection, Grantor Landlord expressly agrees that Grantee Tenant may, without GrantorLandlord’s further consent, license portions of the Colocation Premises to the Permitted Licensees for the sole purpose of the Permitted Interconnection pursuant to written agreements by and between Grantee Tenant and the Permitted Licensees (collectively, “Permitted Agreements”); provided, however, that (a) Grantee Tenant provides a list of contact information for such Permitted Licensees in a format that Grantor Landlord may reasonably alter from time-to-time, (b) Grantee Tenant pays to Grantor Landlord as Additional Colocation Fees GrantorRent Landlord’s prevailing fee for each Permitted Licensee (the “Access Card Fee”) for the purpose of providing the Permitted Licensee with access to the Colocation Premises, which Access Card Fee, as of the date of this AgreementLease, is $35 per access card and is subject to increases from time-to-time during the Term of this AgreementLease, and (c) the Permitted Licensee’s license of a portion of the Colocation Premises may not violate the terms of this Agreement Lease or any Applicable Laws. Grantor Landlord expressly waives its right to prior review of such Permitted Agreements. GranteeTenant’s Permitted Agreements with the Permitted Licensees may not affect, or provide any rights with respect to or to use in any manner, the Pathway as defined in Item 7 of the Basic Colocation Lease Information or GranteeTenant’s interconnections. The Permitted Licensees shall comply with all Applicable Laws and the Building Rules and Regulations. The Permitted Agreements and the Permitted Licensees’ rights thereunder shall be subject and subordinate at all times to the Agreement Lease and all of its provisions, covenants and condition. Grantee Tenant hereby agrees to indemnify, defend, and hold harmless Grantor Landlord and the Grantor Landlord Group from and against (and to reimburse Grantor Landlord and the Grantor Landlord Group for) any and all Claims (defined in Section 14.2, below) arising from or in any manner relating to (i) any Permitted Agreement, (ii) the use or occupancy of the Grantee Tenant Space or any other portion of the Building or the Property by any Permitted Licensee or any person claiming by, through or under any Permitted Licensee, its partners, and their respective officers, agents, servants or employees of Grantee Tenant or any such person (collectively, the “Colocating Parties”), or (iii) the acts or omissions of any Permitted Licensee or any Colocating Parties. Anything to the contrary contained herein notwithstanding, Grantor Landlord and Grantee Tenant acknowledge and agree that Permitted Agreements shall not constitute, or be deemed to be, the grant of a leasehold interest or otherwise constitute, or be deemed to be, a real property interest.

Colocation. Grantor Landlord acknowledges that the business to be conducted by the undersigned Grantee Tenant in the Colocation Premises requires the installation of certain equipment (described below) owned by customers or co-locators of the undersigned Grantee Tenant (“Permitted Licensees”) in (but not outside of) the Colocation Premises, in order for the Permitted Licensees to place and maintain computer, switch and/or communications equipment which may interconnect with GranteeTenant’s facilities and/or the Permitted Licensees’ facilities (the “Permitted Interconnection”). To expedite the Permitted Licensees’ access to the Colocation Premises for the Permitted Interconnection, Grantor Landlord expressly agrees that Grantee Tenant may, without GrantorLandlord’s further consent, license portions of the Colocation Premises to the Permitted Licensees for the sole purpose of the Permitted Interconnection pursuant to written agreements by and between Grantee Tenant and the Permitted Licensees (collectively, “Permitted Agreements”); provided, however, that (a) Grantee Tenant provides a list of contact information for such Permitted Licensees in a format that Grantor Landlord may reasonably alter from time-to-time, and (b) Grantee pays to Grantor as Additional Colocation Fees Grantor’s prevailing fee for each Permitted Licensee (the “Access Card Fee”) for the purpose of providing the Permitted Licensee with access to the Colocation Premises, which Access Card Fee, as of the date of this Agreement, is $35 per access card and is subject to increases from time-to-time during the Term of this Agreement, and (c) the Permitted Licensee’s license of a portion of the Colocation Premises may not violate the any terms of this Agreement Lease or any Applicable Laws. Grantor Landlord expressly waives its any right to prior review of such Permitted Agreements. GranteeTenant’s Permitted Agreements with the Permitted Licensees may not affect, or provide any rights with respect to or to use in any manner, the Additional Pathway as defined in Item 7 of the Basic Colocation Lease Information or GranteeTenant’s interconnections. The Permitted Licensees shall comply with all Applicable Laws and the Datacenter Rules and Regulations. The Permitted Agreements and the Permitted Licensees’ rights thereunder shall be subject and subordinate at all times to the Agreement Lease and all of its provisions, covenants and conditionconditions. Grantee Tenant hereby agrees to indemnify, defend, and hold harmless Grantor Landlord and the Grantor Landlord Group from and against (and to reimburse Grantor Landlord and the Grantor Group forLandlord Group) for any and all Claims (defined in Section 14.2, below) arising from or in any manner relating to (i) any Permitted Agreement, (ii) the use or occupancy of the Grantee Tenant Space or any other portion of the Building or the Property by any Permitted Licensee or any person claiming by, through or under any Permitted Licensee, its partners, and their respective officers, agents, servants or employees of Grantee Tenant or any such person (collectively, the “Colocating Parties”)) pursuant to any Permitted Agreement, or (iiiii) the acts or omissions of any Permitted Licensee or any Colocating Parties. Anything Parties pursuant to the contrary contained herein notwithstanding, Grantor and Grantee acknowledge and agree that any Permitted Agreements shall not constitute, or be deemed to be, the grant of a leasehold interest or otherwise constitute, or be deemed to be, a real property interestAgreement.