Data Center Facility definition
Examples of Data Center Facility in a sentence
Service Provider shall install Separate Meter(s) at the Data Center Facility to monitor the electrical power consumed by the Hosted Servers, and shall cooperate with NORTHSTAR to check and calibrate the accuracy of the Separate Meter(s) regularly or occasionally in accordance with NORTHSTAR’s request and instructions, to ensure the constant accuracy of the Separate Meter(s).
Server Provider shall take standard industry practices and all necessary measures, as well as install all necessary facilities, to ensure safety and security of the Data Center Facility and the Hosted Servers against any safety accidents such as damage, loss or fire outbreak, etc.
In addition to the space for hosting of the Hosted Servers, Service Provider shall provide sufficient space to NORTHSTAR for storage and safe-keeping of Inventory Assets, provided that the number of Inventory Assets that NORTHSTAR may store and keep at Data Center Facility shall not be more than 1% of the number of the Hosted Servers.
Service Provider hereby represents and warrants to NORTHSTAR that information provided by Service Provider (including its officers, directors or employees) in the course of NORTHSTAR’s due diligence process in connection the Data Center Facility, including but not limited to corporate documents, management responses and presentations, operation statistics, business contracts, is true and accurate in all material respects and is not misleading or deceptive.
In the event there are fifteen (15) calendar days of electricity outage on an accumulative basis during one Billing Period, NORTHSTAR shall be entitled to remove all or any of the Hosted Servers from the Data Center Facility.
Service Provider warrants and represents that it has good title to, or right by license, lease or other agreement to use, the Data Center Facility, and there is no actual, pending or threatened dispute or other claim as to title and ownership of the Data Center Facility.
The Parties recognize that it is Service Provider’s sole and exclusive responsibility to maintain a safe and healthy work environment at the Data Center Facility that is free from recognized hazards and fully complies with the Applicable Laws, including without limitation, the federal Occupational Safety and Health Act (“OSHA”, if applicable), as well as any similar state or local laws.
Service Provider is the owner and operator of the Data Center Facility (as defined below) and provides Services (as defined below) at the Data Center Facility.
In addition, NORTHSTAR shall have the right, upon reasonable prior notice and during normal working hours, to engage an independent third-party auditor to conduct safety audits of the Data Center Facility and associated facilities.
NORTHSTAR shall not in any event be liable for any obligations to the landlord of the Data Center Facility (the “Landlord”), including but not limited to rental or any other fees payable by the Service Provider to the Landlord.