Common use of DAMAGE TO THE SPACE Clause in Contracts

DAMAGE TO THE SPACE. 16.1 If the Space is damaged due to a Force Majeure event, UUNET shall give prompt notice to Customer of such damage, and may temporarily relocate Equipment to new Space or a new Facility, if practicable. If the Facility's landlord or UUNET exercises an option to terminate a particular lease due to damage or destruction of the Space, or if UUNET decides not to rebuild the Space, this Agreement shall terminate as of the date of the damage. Monthly Fees for Space and Services shall proportionately xxxxx for the perfect form the date of such damage. 16.2 If neither the landlord of the Facility no UUNET exercises the right to terminate, UUNET shall repair the particular Space to substantially the same condition it was in prior to the damage, completing the same with reasonable speed. In the event that UUNET shall fail to complete the repair within a reasonable time period. Customer shall have the option to terminate this Agreement with respect to the affected Space, which option shall be the sole remedy available to Customer against UUNET under this Agreement relating to such failure. If the Space or any portion thereof shall be rendered untenable by reason of such damage , the Monthly Fee for Space and Services shall proportionately xxxxx for the period from the date of such damage to the date when such damage shall have been repaired.

Appears in 2 contracts

Samples: Co Location Services Agreement (Usa Video Interactive Corp), Co Location Services Agreement (Usa Video Interactive Corp)

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DAMAGE TO THE SPACE. 16.1 14.1 If the Space is damaged due to a Force Majeure eventby fire of other casualty, UUNET Coloco shall give prompt notice to Customer of such damage, and may temporarily relocate Equipment to new Space space or a new Facilityfacility, if practicable. If the Facility's landlord or UUNET Coloco exercises an option to terminate a particular lease due to damage or destruction of the Space, or if UUNET Coloco decides not to rebuild the Space, this Agreement shall terminate as of the date of the damage. Monthly Fees Charges for the Space and Services Service shall proportionately xxxxx for the perfect form period from the date of such damage. 16.2 14.2 If neither the landlord of the Facility no UUNET nor Coloco exercises the right to terminate, UUNET Coloco shall repair the particular Space to substantially the same condition it was in prior to the damage, completing the same with reasonable speedas soon as practical. In the event that UUNET Coloco shall fail to complete the repair within a reasonable time period. , Customer shall have the option to terminate this Agreement with respect to the affected Space, which option shall be the sole remedy available to Customer against UUNET Coloco under this Agreement relating to such failure. If the Space or any portion thereof shall be rendered untenable by reason of such damage damage, the Monthly Fee Charge for Space and Services shall proportionately xxxxx for the period from the date of such damage to the date when such damage shall have been repaired.

Appears in 1 contract

Samples: Colocation Agreement (Cidera Inc)

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DAMAGE TO THE SPACE. 16.1 15.1 If the Space is damaged due to a Force Majeure eventby fire or other casualty, UUNET shall give prompt notice to Customer of such damage, and may temporarily relocate Equipment to new Space or a new Facility, if practicable. If the Facility's landlord or UUNET exercises an option to terminate a particular lease due to damage or destruction of the Space, or if UUNET decides not to rebuild the Space, this Agreement shall terminate as of the date of the damage. Monthly Fees for Space and Services shall proportionately xxxxx for the perfect form period from the date of such damage. 16.2 15.2 If neither the landlord of the Facility no nor UUNET exercises the right to terminate, UUNET shall repair the particular Space to substantially the same condition it was in prior to the damage, completing the same with reasonable speed. In the event that UUNET shall fail to complete the repair within a reasonable time period. , Customer shall have the option to terminate this Agreement with respect to the affected Space, which option shall be the sole remedy available to Customer against UUNET under this Agreement relating to such failure. If the Space or any portion thereof shall be rendered untenable by reason of such damage damage, the Monthly Fee for Space and Services shall proportionately xxxxx for the period from the date of such damage to the date when such damage shall have been repaired.

Appears in 1 contract

Samples: Co Location Services Agreement (Greenfield Online Inc)

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