Common use of Damage to the Facility Clause in Contracts

Damage to the Facility. If the Facility or access thereto, is damaged by fire or other casualty, UnitedLayer shall give notice to Customer of such damage as quickly as practicable. UnitedLayer shall have the option to terminate the License due to damage or destruction of the Facility and the Agreement shall terminate as of the date of such exercise or decision as to the affected Licensed Area, and the monthly recurring charges (which includes monthly fixed charges for the Licensed Area and power, but excludes power overages, “MRC”) payable by Customer shall be prorated as of the date thereof. If UnitedLayer does not exercise the right to terminate, then UnitedLayer shall either (i) restore the Licensed Area to substantially the same condition it was in prior to the damage, or (ii) substitute new space for the Licensed Area. In no event shall UnitedLayer have any obligation to repair or replace any of Customer’s personal property, including but not limited to Customer’s equipment.

Damage to the Facility. If the Facility or access thereto, is damaged by fire or other casualty, UnitedLayer UnitedPrivateCloud shall give notice to Customer of such damage as quickly as practicable. UnitedLayer UnitedPrivateCloud shall have the option to terminate the License due to damage or destruction of the Facility and the Agreement shall terminate as of the date of such exercise or decision as to the affected Licensed Area, and the monthly recurring charges (which includes monthly fixed charges for the Licensed Area and power, but excludes power overages, “MRC”) payable by Customer shall be prorated as of the date thereof. If UnitedLayer UnitedPrivateCloud does not exercise the right to terminate, then UnitedLayer UnitedPrivateCloud shall either (i) restore the Licensed Area to substantially the same condition it was in prior to the damage, or (ii) substitute new space for the Licensed Area. In no event shall UnitedLayer UnitedPrivateCloud have any obligation to repair or replace any of Customer’s personal property, including but not limited to Customer’s equipment.

Damage to the Facility. If the Facility or access thereto, is damaged by fire or other casualty, UnitedLayer shall give notice to Customer of such damage as quickly as practicable. UnitedLayer shall have the option to terminate the License due to damage or destruction of the Facility and the Agreement shall terminate as of the date of such exercise or decision as to the affected Licensed Area, and the monthly recurring charges (which includes monthly fixed charges for the Licensed Area and power, but excludes power overages, “MRC”) payable by Customer shall be prorated as of the date thereof. If UnitedLayer does not exercise the right to terminate, then UnitedLayer shall either either (i) restore the Licensed Area to substantially the same condition it was in prior to the damage, or (ii) substitute new space for the Licensed Area. In no event shall UnitedLayer have any obligation to repair or replace any of Customer’s personal property, including but not limited to Customer’s equipment.