Vantage Confidential and Proprietary. [***] Information has been omitted and submitted separately to the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Vantage Confidential and Proprietary. 122 “[***] Datacenter Space” means [***] of datacenter space in the [***], which is leased by Tenant pursuant to the [***] Lease.
Vantage Confidential and Proprietary. Landlord uses commercially reasonable efforts to tender to Tenant delivery of possession of the Premises with all of the Landlord’s Installations and the Tenant Datacenter Space Installations (to the extent set forth in the Tenant Datacenter Space Installation Plan Documents) Substantially Completed as soon as reasonably possible thereafter, Landlord shall not be deemed in default hereunder, this Lease shall not be void or voidable, the Term of this Lease shall not be extended (provided, however the CLP Commencement Date shall be delayed until Landlord tenders to Tenant delivery of possession of the Premises with all of the Landlord’s Installations and the Tenant Datacenter Space Installations (to the extent set forth in the Tenant Datacenter Space Installation Plan Documents) Substantially Completed), Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the CLP Commencement Date shall be deemed to occur on the date on which Landlord shall complete such Landlord’s Installations and such Tenant Datacenter Space Installations and tender to Tenant delivery of possession of the Premises.
Vantage Confidential and Proprietary. [***] Information has been omitted and submitted separately to the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. quantity set forth in the finalized Tenant Datacenter Space Installation Plan Documents shall control over the scope, type, timing or quantity of such installations as set forth on Exhibit “J”. If the Tenant Datacenter Space Installation Plan Documents are not agreed upon by Landlord and Tenant within ten (10) business days following the date of delivery of the initial Tenant Datacenter Space Installation Plan Documents to Tenant, then the Target Commencement Date and/or the CLP Commencement Date, in Landlord’s discretion, shall be delayed by one (1) day for each one (1) day delay in obtaining fully-approved Tenant Datacenter Space Installation Plan Documents.
Vantage Confidential and Proprietary. Landlord shall not, under any circumstances, be responsible for providing or supplying security services to the Premises or any part of the Datacenter or the Building in excess of the Landlord’s Access Control Systems (and Landlord shall not under any circumstances be deemed to have agreed to provide any services in excess of the above specified Landlord’s Access Control Systems). Landlord shall use commercially reasonable efforts to keep all Landlord Access Control Systems in good working order. In the event that one or more systems is not working for whatever reason, with the result that such failure has a material adverse effect on the overall functionality of Landlord’s Access Control Systems and the security of the Premises, Landlord shall promptly notify Tenant of the issue and, if applicable, put in place another system or other reasonable mitigation to maintain adequate security of the Premises.
Vantage Confidential and Proprietary service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord and the interruption at issue was not caused in whole or in part by any action of Tenant.
Vantage Confidential and Proprietary specified above shall be conclusive and binding upon Tenant that the Lease is in full force and effect without modification except as may be represented by Landlord, that there are no uncured defaults in Landlord’s performance and that Tenant has no right of offset, counterclaim or deduction against any fees or other charges due Landlord hereunder, and that no more than one month’s fees or other charges due hereunder have been paid in advance.
Vantage Confidential and Proprietary. Any failure or refusal by Tenant to execute and deliver any statement or document described in Article 12 that is requested to be so executed and delivered by Landlord within the time periods specified in Article 12 applicable thereto, if such failure continues for three (3) days after Landlord’s delivery to Tenant of written notice of such failure.
Vantage Confidential and Proprietary. [***] Information has been omitted and submitted separately to the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Tenant; however, Landlord shall only conduct such inspections per a pre-approved (approval not to be unreasonably withheld) method of operation document (“MOP”) and notwithstanding the foregoing, Landlord shall provide notice as set forth in this Section 17.13 if it enters the Datacenter Space to perform physical work on equipment. Upon request, Landlord shall provide Tenant with (a) a list of the titles of Landlord’s operations personnel (both employees and subcontractors) who require access to the Premises to perform Landlord’s obligations under this Lease and (b) a log of all Persons who have been provided unescorted access to the Premises within the last thirty (30) days. In connection with Landlord’s rights hereunder, Landlord shall at all times have and retain keys, pass keys and/or other access devices or credentials with which to unlock all of the doors in, on or about the Premises, and Landlord shall have the right to use any and all means by which Landlord may deem proper to open such doors to obtain entry to the Premises. Notwithstanding anything herein to the contrary, except for emergencies, Landlord shall use reasonable efforts to minimize disruption of Tenant’s business or occupancy during such entries.
Vantage Confidential and Proprietary attached to this Lease as Exhibit “M”. For purposes of this Section 17.17, “
