Subscriber Cabinet. Instinet shall provide and maintain the cabinet space, racking and dimension requirements listed on Attachments A and B to this Agreement, for the Purchased Equipment, within the Data Center (the “Subscriber Cabinet”). The Subscriber Cabinet shall be suitable, as reasonably determined by Instinet, for the proper storage and operation of the Purchased Equipment. In the event that from time to time after the Services Commencement Date Subscriber requires changes to space, communication or electrical conversions or other requirements in connection with any of the Subscriber Systems, Subscriber shall notify Instinet of the same and Instinet shall review such request and within three (3) business days after receipt of such request shall make a reasonable determination regarding whether it is able to accommodate such additional requirements, taking into account such factors as the space, power consumption and infrastructure support implications of such additional requirements. If Instinet is able to accommodate such additional requirements, Instinet shall within five (5) business days after the receipt of such request provide Subscriber with a schedule and budget, in reasonable detail, indicating the timetable for and cost of such additional requirements. In the event that Subscriber agrees in writing to such timetable and costs, Instinet shall provide such additional requirements in accordance with such schedule and budget. Other than for access required by authorized Instinet employees or contractors in order to perform Instinet’s obligations under this Agreement, or as may be required by Applicable Law or legal process, Instinet shall not permit any Person other than a Representative to have access to any of the Subscriber Systems or any portion of the Subscriber Cabinet. Notwithstanding the foregoing, Instinet may inspect and following a commercially reasonable effort to give notice to Subscriber may remove or disable any equipment in the Subscriber Cabinet that it reasonably believes is unsafe or harmful to the Data Center, Instinet’s equipment, networks or systems or third party equipment, networks or systems. Subscriber will use the Subscriber Cabinet only for the purposes of installing, marketing, operating, monitoring, maintaining, repairing, replacing and/or removing the Subscriber Systems.
Subscriber Cabinet. “Subscriber Cabinet” has the meaning given that term in Section 2.2.2.
