Common use of Damage to Facility Clause in Contracts

Damage to Facility. If fire or other casualty damages the Facility in which the Space is located, Global Crossing shall give immediate notice to Exodus of such damage. If Global Crossing’s landlord or Global Crossing exercises an option to terminate the lease therefor due to such damage or Global Crossing’s landlord or Global Crossing decides not to rebuild the Facility in which the Space is located, this Agreement shall terminate as of the date of such exercise or decision as to the affected Space and the MRC paid by Exodus shall be modified accordingly. If neither the landlord of the affected Facility nor Global Crossing exercises the right to terminate or not to rebuild, the landlord or Global Crossing, as applicable, shall repair the Facility to substantially the same condition it was in prior to the damage, completing the same with reasonable speed. In the event that such repairs are not completed within a reasonable time, Exodus shall thereupon have the option to terminate this Agreement with respect to the affected Space, such option shall be the sole remedy available to Exodus against Global Crossing hereunder relating to such failure. If the Space or any portion thereof shall be rendered unusable by Exodus by reason of such damage, the MRC for such Space shall proportionately xxxxx for the period from the date of such damage to the date when such damage shall have been repaired for the portion of the Space rendered unusable. 11

Damage to Facility. If fire or other casualty damages the Facility in which the Space is locatedlocated is damaged by fire or other casualty, Global Crossing shall give immediate notice to Exodus Ciera of such damage. If Global Crossing’s 's landlord or Global Crossing exercises an option to terminate the lease therefor due to such damage or Global Crossing’s 's landlord or Global Crossing decides not to rebuild the Facility in which the Space is located, this Agreement shall terminate as of the date of such exercise or decision as to the affected Space and the MRC paid by Exodus Ciera shall be modified accordingly. If neither the landlord of the affected Facility nor Global Crossing exercises the right to terminate or not to rebuild, the landlord or Global Crossing, as applicable, shall repair the Facility to substantially the same condition it was in as prior to the damage, completing the same with reasonable speed. In the event that such repairs are not completed within a reasonable time, Exodus Ciera shall thereupon have the option to terminate this Agreement with respect to the affected Space, such option shall be the sole remedy available to Exodus Ciera against Global Crossing hereunder relating to such failure. If the Space or any portion thereof shall be rendered unusable by Exodus Ciera by reason of such damage, the MRC for such Space shall proportionately xxxxx for the period from the date of such damage to the date when such damage shall have been repaired for the portion of the Space rendered unusable. 11.

Damage to Facility. If fire or other casualty damages the Facility in which the Space is locatedlocated is damaged by fire or other casualty, Global Crossing shall give immediate notice to Exodus LimeLight of such damage. If Global Crossing’s 's landlord or Global Crossing exercises an option to terminate the lease therefor therefore due to such damage or Global Crossing’s 's landlord or Global Crossing decides not to rebuild the Facility in which the Space is located, this Agreement shall terminate as of the date of such exercise or decision as to the affected Space and the MRC paid by Exodus LimeLight shall be modified accordingly. If neither the landlord of the affected Facility nor Global Crossing exercises the right to terminate or not to rebuild, the landlord or Global Crossing, as applicable, shall repair the Facility to substantially the same condition it was in as prior to the damage, completing the same with reasonable speed. In the event that such repairs are not completed within a reasonable time, Exodus LimeLight shall thereupon have the option to terminate this Agreement with respect to the affected Space, such option shall be the sole remedy available to Exodus LimeLight against Global Crossing hereunder relating to such failure. If the Space or any portion thereof shall be rendered unusable by Exodus LimeLight by reason of such damage, the MRC for such Space shall proportionately xxxxx abate for the period from the date of such damage to the date when xxxx such damage shall have been repaired for the portion of the Space rendered unusable. 11unusable or until the decision to not repair such Space is communicated to LimeLight by Global Crossing.