MCI Facilities Sample Clauses

MCI Facilities. Subject to Section 2.04(iii), MCI shall provide Recipient with the use of and access to a portion of the MCI existing facilities in Norcross, Georgia listed in Part I of Exhibit 3 (the "Norcross Space") for the time period and rent set forth in Exhibit 3, subject to relocation from the Norcross Space as provided in Exhibit 3. Recipient shall only locate at the Norcross Space former employees of the Access Business hired by Recipient on the Closing Date (the "Norcross Transferred Employees"), and shall otherwise use the Norcross Space (A) materially in the same manner as such Space was used by the Access Business prior to the Closing Date and (B) strictly in accordance with the terms of that certain Lease dated March 29, 1993, by and between Xx. Xxxx Idelberger, as landlord, and Reliance Com/TEC Corporation (predecessor-in-interest to MCI), as tenant, as amended (the "Norcross Lease"). All assets located in the Norcross Space that are owned or leased by MCI and are provided for the use of Recipient under this Services Agreement shall remain in the Norcross Facility following the termination of Recipient's right to use such Facility unless MCI otherwise agrees, in writing, in its sole discretion; provided, however, that all costs and expenses incurred in relocating Recipient from the Norcross Space to another facility shall be borne solely by Recipient. THE NORCROSS SPACE SHALL BE PROVIDED TO RECIPIENT ON AN AS-IS, WHERE-IS BASIS, AND MCI EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE NORCROSS SPACE, AND THE CONDITION OR SUITABILITY FOR USE THEREOF BY RECIPIENT. MCI and Recipient will use commercially reasonable efforts to obtain the written consent of the landlord under the Norcross Lease to permit Recipient's use of the Norcross Space hereunder. Recipient shall indemnify, defend and hold harmless MCI and all of its shareholders, officers, directors, employees and agents from any Losses (as defined in Article V hereof) caused by the use or occupancy of the Norcross Space hereunder by Recipient, any Norcross Transferred Employee or any invitee or licensee thereof, including, without limitation, any breach of the Norcross Lease caused thereby or the failure to obtain the consent of landlord under the Norcross Lease to such use. Recipient shall provide MCI with written notice of its intent to vacate the Norcross Space which notice shall be provided at the later of: (1) two months prior to Recipient's intended date to vacate, or (2) promptly ...