Common use of RIGHTS RESERVED TO COMPANY Clause in Contracts

RIGHTS RESERVED TO COMPANY. 9.1 Company will have the following rights, and others not specifically excluded in this Attachment, exercisable without notice and without liability to Collocator for damage or injury to property, person or business (all claims for damage being hereby released), and without effecting an eviction or disturbance of Collocator's use or possession or giving rise to any claim for offsets, or abatement of rent: 9.2 To designate any and all spaces to be occupied by Collocator's facilities and equipment under this Attachment; 9.2.1 To change the name or street address of the Building; 9.2.2 To install and maintain signs on the exterior and interior of the Building or anywhere on the property; 9.2.3 To have pass keys or access cards with which to unlock all doors in the Premise, excluding Collocator's safes; 9.2.4 To enter the Premises for the purposes of examining or inspecting same and of making such repairs or alterations as Company deems necessary (Collocator hereby waives any claim for damage, injury, interference with Collocator's business, any loss of occupancy or quiet enjoyment of the Premises and any other loss occasioned by the event except where such damages result solely from the gross negligence or willful misconduct of Company); 9.2.5 To use any means Company may deem proper to open Premises' doors in an emergency. Entry into the Premises obtained by Company by any such means will not be deemed to be forcible or unlawful entry into or a detainment of or an eviction of Collocator from the Premises or any portion thereof; 9.2.6 To utilize the space within the Building in such a manner as will best enable it to fulfill its own service requirements; 9.2.7 To require all persons entering or leaving the Building during such hours as Company may from time to time reasonably determine to identify themselves to a watchman by registration or otherwise and to establish their right to leave or enter, and to exclude or expel any solicitor or person at any time from the Premises or the property. Company assumes no responsibility and will not be liable for any damage resulting from the admission or refusal to admit any authorized or unauthorized person to the Building, provided that such damage is not the result of gross negligence or willful misconduct on the part of the Company; 9.2.8 To approve the weight, size and location of safes, computers and all other heavy articles in and about the Premises and the Building, and to require all such items and other office furniture and equipment to be moved in and out of the Building or premises only at such times and in such a manner as Company will direct and in all events at Collocator's sole risk and responsibility; 9.2.9 At any time, to decorate and to make, at its own expense, repairs, alterations, additions and improvements, structural or otherwise, in or to the Premises, the property, or any part thereof (including, without limitation the permanent or temporary relocation of any existing facilities such as parking lots or spaces), and to perform any acts related to the safety, protection or preservation thereof, and during such operations to take into and through the Premises or any part of the property all materials and equipment required, and to close or suspend temporarily operation of entrances, doors, corridors, elevators or other facilities, provided that Company will limit inconvenience or annoyance to Collocator as reasonably possible under the circumstances; 9.2.10 To do or permit to be done any work in or about the Premises or the property or any adjacent or nearby building, land, street or alley; 9.2.11 To grant to anyone the exclusive right to conduct any business or render any service on the property, provided such exclusive right will not operate to exclude Collocator from the use expressly permitted by this Attachment, unless Company exercises its right to terminate this Attachment with respect to all or a portion of the Premises; 9.2.12 To close the Building at such reasonable times as Company may determine, subject to Collocator's right to admittance under such reasonable regulations as will be prescribed from time to time by Company. 9.2.13 Company will have the right to upgrade or replace its equipment at the subject central office. In the event that Company determines to make such equipment upgrades or replacements, it will give Collocator six months advance notice of such changes. It will be Collocator‟s responsibility to ensure that its equipment remains compatible with Company‟s upgraded or new equipment. 9.2.14 To perform all work, using Company employees or contractors, necessary to ready the Premises for Collocator's use; 9.2.15 To exercise all other rights reserved by Company pursuant to the provisions of this Attachment; and 9.2.16 To inspect the installation of equipment in the Premises prior to the connection of equipment to Company facilities.

RIGHTS RESERVED TO COMPANY. 9.1 Company will have the following rights, and others not specifically excluded in this Attachment, exercisable without notice and without liability to Collocator for damage or injury to property, person or business (all claims for damage being hereby released), and without effecting an eviction or disturbance of Collocator's use or possession or giving rise to any claim for offsets, or abatement of rent: 9.2 To designate any and all spaces to be occupied by Collocator's facilities and equipment under this Attachment; 9.2.1 To change the name or street address of the Building; 9.2.2 To install and maintain signs on the exterior and interior of the Building or anywhere on the property; 9.2.3 To have pass keys or access cards with which to unlock all doors in the Premise, excluding Collocator's safes; 9.2.4 To enter the Premises for the purposes of examining or inspecting same and of making such repairs or alterations as Company deems necessary (Collocator hereby waives any claim for damage, injury, interference with Collocator's business, any loss of occupancy or quiet enjoyment of the Premises and any other loss occasioned by the event except where such damages result solely from the gross negligence or willful misconduct of Company); 9.2.5 To use any means Company may deem proper to open Premises' doors in an emergency. Entry into the Premises obtained by Company by any such means will not be deemed to be forcible or unlawful entry into or a detainment of or an eviction of Collocator from the Premises or any portion thereof; 9.2.6 To utilize the space within the Building in such a manner as will best enable it to fulfill its own service requirements; 9.2.7 To require all persons entering or leaving the Building during such hours as Company may from time to time reasonably determine to identify themselves to a watchman by registration or otherwise and to establish their right to leave or enter, and to exclude or expel any solicitor or person at any time from the Premises or the property. Company assumes no responsibility and will not be liable for any damage resulting from the admission or refusal to admit any authorized or unauthorized person to the Building, provided that such damage is not the result of gross negligence or willful misconduct on the part of the Company; 9.2.8 To approve the weight, size and location of safes, computers and all other heavy articles in and about the Premises and the Building, and to require all such items and other office furniture and equipment to be moved in and out of the Building or premises only at such times and in such a manner as Company will direct and in all events at Collocator's sole risk and responsibility; 9.2.9 At any time, to decorate and to make, at its own expense, repairs, alterations, additions and improvements, structural or otherwise, in or to the Premises, the property, or any part thereof (including, without limitation the permanent or temporary relocation of any existing facilities such as parking lots or spaces), and to perform any acts related to the safety, protection or preservation thereof, and during such operations to take into and through the Premises or any part of the property all materials and equipment required, and to close or suspend temporarily operation of entrances, doors, corridors, elevators or other facilities, provided that Company will limit inconvenience or annoyance to Collocator as reasonably possible under the circumstances; 9.2.10 To do or permit to be done any work in or about the Premises or the property or any adjacent or nearby building, land, street or alley; 9.2.11 To grant to anyone the exclusive right to conduct any business or render any service on the property, provided such exclusive right will not operate to exclude Collocator from the use expressly permitted by this Attachment, unless Company exercises its right to terminate this Attachment with respect to all or a portion of the Premises; 9.2.12 To close the Building at such reasonable times as Company may determine, subject to Collocator's right to admittance under such reasonable regulations as will be prescribed from time to time by Company. 9.2.13 Company will have the right to upgrade or replace its equipment at the subject central office. In the event that Company determines to make such equipment upgrades or replacements, it will give Collocator six months advance notice of such changes. It will be Collocator‟s Collocator’s responsibility to ensure that its equipment remains compatible with Company‟s Company’s upgraded or new equipment. 9.2.14 To perform all work, using Company employees or contractors, necessary to ready the Premises for Collocator's use; 9.2.15 To exercise all other rights reserved by Company pursuant to the provisions of this Attachment; and 9.2.16 To inspect the installation of equipment in the Premises prior to the connection of equipment to Company facilities.