Common use of Colocation Services Clause in Contracts

Colocation Services. i. If you purchase Colocation Services from us, we grant you a license to occupy the space defined by our best effort of efficient allocation. The Space is located in a data center leased by us (Data Center). You are only granted a license to occupy the Space. You will have no ownership rights in the Space or Data Center. ii. The license set out above gives you the right to colocate hardware, software and other equipment owned, licensed or leased by you (Your Equipment), or your authorized designees, to receive Colocation Services provided by us, and provide your own services, in the Space. You may occupy the Space and place Your Equipment in it, at your own expense. iii. We agree to perform such environmental systems and power plant maintenance and janitorial and other services as are reasonably required to maintain the Space and Data Center in a manner in which a reasonable user of colocation services would expect to find them. Should you have specific maintenance or environmental needs, you agree to provide them to us in writing, and we have no obligation to agree to provide those services to you. Except as expressly provided in this paragraph 1(o)(iii), the Space shall be delivered and accepted “as-is.” iv. The Data Center will be monitored twenty-four hours per day, seven days per week, with card key access, vehicle gate access outside the underground facility, all visitors must be prescheduled and escorted, 24 x 7 x 365 Live Guard – continuously monitored video across the facility, man-trap (photo on file comparison with card holder, card ID, biometric) access into the facility, segmented secure areas, buildings, cages and racks – card ID and pin pad access control, non-badge (card ID) holders (visitors) must provide photo ID even when escorted and conditioned power using UPS systems with back-up power generator capability. v. If you fail to pay us any amounts due for the Colocation Services, we may terminate your use of the Space, disconnect and remove any or all of Your Equipment from the Space (including any data and/or software thereon), place a lien on Your Equipment and store any of Your Equipment for a period not to exceed three months, and assess you reasonable charges for such storage. Upon conclusion of the applicable storage period, we may, at your expense, dispose of Your Equipment in any manner we determine, with any proceeds applied to any unpaid amounts owed to us and the excess, if any, donated to charity. Exercise of any of the foregoing rights by us shall not relieve you of any of your payment obligations under this Agreement. vi. The Data Center is not owned by us. Our landlord may require you to comply with requirements of any lease, mortgage or other similar underlying agreement or instrument related to or encumbering the Data Center. You agree to do so at your own expense, and upon our reasonable request. vii. We may require you to relocate Your Equipment. We will provide you with at least thirty calendar days prior written notice of our need for you to move Your Equipment, but, in the case of an emergency, we may require you to relocate it sooner. We will bear the reasonable costs of packing, unpacking and transporting Your Equipment for any relocation required by us. We will use commercially reasonable efforts to minimize interruption of the Colocation Services during such relocation. viii. We do not insure Your Equipment. During the Term, you shall maintain insurance coverage with reputable insurance companies with a Best Rating of no less than “A,” which are licensed to do business in the state in which the Space is located as follows: (a) Commercial General Liability insurance of at least $1 million per occurrence for bodily injury and property damage or loss, covering your activities hereunder, naming us as an additional insured; (b) “all risk” property insurance or adequate self-insurance covering all Your Equipment; and (c) legally required workers’ compensation insurance and Employer’s Liability insurance in an amount not less than $500,000 each accident. Such insurance policies shall be primary and noncontributing with respect to any policies carried by, and shall deny the insurer/underwriter any rights of subrogation against, us. You waive any rights of subrogation or recovery against us for damage or loss to its property.

Colocation Services. i. If you purchase Notwithstanding anything to the contrary in the MSA, Savvis may increase the rates associated with existing Colocation Services from usService at any time after twelve months of the initial Installation Date for such Service, we grant you a license and no more than once every twelve· months, in order to occupy pass through increases in such Service's underlying power facility costs and such increase shall be effective upon the space defined by our best effort of efficient allocationdate set forth in Savvis' written notice thereof to customer. The Space amount of any such rate increase shall be in proportion to the power utility cost increase approved by the applicable regulatory body. Customer or Customer's employees,agents, contractors, or End Users who access any Savvis data center or other Savvis facility (a "Savvis Premises") on Customer's behalf ("Authorized Representatives") must be designated in writing. Customer, its Authorized Representatives and all Customer Equipment and any related materials used in connection with the Service shall comply with all data center operating policies (including the "Savvis Customer Handbook and Information Guide" ("Customer Guide")), a current copy of which is located on ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ and which Savvis may change from time to time. If Savvis modifies its Customer Guide, except as required by law or regulation, or industry standard ("Customer Guide Change"L and the Service is materially and adversely affected by the Customer Guide Change, Customer may, within fifteen (15) business days of the date Savvis notifies Customer in a data center leased by us writing of the Customer Guide Change (Data Center"Customer Guide Change Notice Period"), send written notice to Savvis indicating the Service affected and including details sufficient to demonstrate the adverse material effect on Customer ("Customer Guide Change Notice"). You are only granted a license Savvis will, within thirty (30) days of receipt of the Customer Guide Change Notice, review the notice and notify Customer whether Savvis agrees or disagrees with Customer's assertion. If Savvis agrees that the Customer Guide Change materially and adversely affects the Customer use of Service, Customer Guide may agree to occupy waive the Spaceapplicability of the Customer Guide Change to Customer, provided that any such waiver shall not be made by Savvis until the parties execute an amendment to the Agreement setting forth the terms of the waiver. You will have If Savvis does not agree to the waiver, Customer may thereafter accept such Customer Guide Change or, no ownership rights in later than five (5) business days from the Space or Data Center. ii. The license set out above gives you date of Savvis' response, terminate the right Services directly affected by the Customer Guide Change by written notice to colocate hardware, software and other equipment owned, licensed or leased by you (Your Equipment), or your authorized designees, to receive Colocation Services provided by usSavvis, and provide your own servicesCustomer shall not be liable for the early termination charges. If Savvis reasonably believes that Customer is not in material compliance with this Section, Savvis will notify Customer thereof in the Space. You may occupy the Space writing and place Your Equipment in it, at your own expense. iii. We agree to perform Customer shall remedy such environmental systems and power plant maintenance and janitorial and other services as are reasonably required to maintain the Space and Data Center in a manner in which a reasonable user of colocation services would expect to find them. Should you have specific maintenance or environmental needs, you agree to provide them to us in writing, and we have no obligation to agree to provide those services to you. Except as expressly provided in this paragraph 1(o)(iii), the Space shall be delivered and accepted “as-is.” iv. The Data Center will be monitored twenty-four hours per day, seven days per week, with card key access, vehicle gate access outside the underground facility, all visitors must be prescheduled and escorted, 24 x 7 x 365 Live Guard – continuously monitored video across the facility, man-trap (photo on file comparison with card holder, card ID, biometric) access into the facility, segmented secure areas, buildings, cages and racks – card ID and pin pad access control, non-badge (card ID) holders (visitors) must provide photo ID even when escorted and conditioned power using UPS systems with back-up power generator capability. v. If you fail to pay us any amounts due for the Colocation Servicescompliance within 5 business days of receiving such notice, we may terminate your use of the Space, disconnect and remove any or all of Your Equipment from the Space (including any data and/or software thereon), place a lien on Your Equipment and store any of Your Equipment for a period not to exceed three months, and assess you reasonable charges for such storage. Upon conclusion of the applicable storage period, we may, at your expense, dispose of Your Equipment in any manner we determine, with any proceeds applied to any unpaid amounts owed to us and the excess, if any, donated to charity. Exercise of any of the foregoing rights by us shall not relieve you of any of your payment obligations under this Agreement. vi. The Data Center is not owned by us. Our landlord may require you to comply with requirements of any lease, mortgage or other similar underlying agreement or instrument related to or encumbering the Data Center. You agree to do so at your own expense, and upon our reasonable request. vii. We may require you to relocate Your Equipment. We will provide you with at least thirty calendar days prior written notice of our need for you to move Your Equipment, but, except in the case of an emergencythreat of imminent harm or damage to Savvis, we may require you Customer or third party personnel, equipment, or Service or by order of competent legal authority; in which case any suspension shall be immediate, however Savvis shall provide immediate notice of any such suspension to relocate it soonerCustomer as soon as is reasonably practicable, and must reinstate the suspended service upon remedy of such non­ compliance . We will bear the reasonable costs of packingIf Customer fails to remedy such non­ compliance within such period, unpacking and transporting Your Equipment for then, notwithstanding any relocation required by us. We will use commercially reasonable efforts to minimize interruption of the Colocation Services during such relocation. viii. We do not insure Your Equipment. During the Term, you shall maintain insurance coverage with reputable insurance companies with a Best Rating of no less than “A,” which are licensed to do business other rights in the state in which the Space is located as follows: (a) Commercial General Liability insurance of at least $1 million per occurrence for bodily injury and property damage or lossMSA, covering your activities hereunder, naming us as an additional insured; (b) “all risk” property insurance or adequate self-insurance covering all Your Equipment; and (c) legally required workers’ compensation insurance and Employer’s Liability insurance in an amount not less than $500,000 each accident. Such insurance policies shall be primary and noncontributing with respect to any policies carried by, and shall deny the insurer/underwriter any rights of subrogation against, us. You waive any rights of subrogation or recovery against us for damage or loss to its property.Savvis may immediately

Colocation Services. i. If you purchase Colocation Services from us(a) During the Initial term, we grant you a license to occupy the space defined by our best effort of efficient allocation. The Space if BMI is located ------------------- interested in a data center leased by us (Data Center). You are only granted a license Potential Colocation Site, Vendor may, upon written notice thereof to occupy BMI, offer the Space. You will performance of the Colocation Acquisition Services listed in Annex H with respect to such Potential Colocation Site, on BTS Sites; provided, that Vendor acknowledges that at any time during the Term, BMI shall -------- have no ownership rights in the Space or Data Center. ii. The license set out above gives you the right to colocate hardware, software and engage any Person other equipment owned, licensed or leased by you (Your Equipment), or your authorized designees, to receive Colocation Services provided by us, and provide your own services, in the Space. You may occupy the Space and place Your Equipment in it, at your own expense. iii. We agree than Vendor to perform such environmental systems Colocation Acquisition Services. If the terms, conditions and power plant maintenance fees in connection with such Colocation Acquisition Services are acceptable to BMI, BMI may engage Vendor to perform such Colocation Acquisition Services upon written notice to Vendor within five (5) Business Days after receipt by BMI of the offer from Vendor. If BMI elects to engage Vendor to perform such Colocation Acquisition Services pursuant to this Section 9.02(b), such Colocation Acquisition Services shall be performed in compliance with the requirements of this Agreement, including, without limitation, compliance with quality standards, Governmental Requirements, Permits and janitorial and other services Environmental Laws, in each case as are reasonably required applicable to maintain such Colocation Acquisition Services. (b) During the Space and Data Center Initial term, if BMI is interested in a manner in which a reasonable user of colocation services would expect to find them. Should you have specific maintenance or environmental needsPotential Colocation Site, you agree to provide them to us in writing, and we have no obligation to agree to provide those services to you. Except as expressly provided in this paragraph 1(o)(iii), the Space shall be delivered and accepted “as-is.” iv. The Data Center will be monitored twenty-four hours per day, seven days per week, with card key access, vehicle gate access outside the underground facility, all visitors must be prescheduled and escorted, 24 x 7 x 365 Live Guard – continuously monitored video across the facility, man-trap (photo on file comparison with card holder, card ID, biometric) access into the facility, segmented secure areas, buildings, cages and racks – card ID and pin pad access control, non-badge (card ID) holders (visitors) must provide photo ID even when escorted and conditioned power using UPS systems with back-up power generator capability. v. If you fail to pay us any amounts due for the Colocation Services, we may terminate your use of the Space, disconnect and remove any or all of Your Equipment from the Space (including any data and/or software thereon), place a lien on Your Equipment and store any of Your Equipment for a period not to exceed three months, and assess you reasonable charges for such storage. Upon conclusion of the applicable storage period, we Vendor may, at your expense, dispose of Your Equipment in any manner we determine, with any proceeds applied to any unpaid amounts owed to us and the excess, if any, donated to charity. Exercise of any of the foregoing rights by us shall not relieve you of any of your payment obligations under this Agreement. vi. The Data Center is not owned by us. Our landlord may require you to comply with requirements of any lease, mortgage or other similar underlying agreement or instrument related to or encumbering the Data Center. You agree to do so at your own expense, and upon our reasonable request. vii. We may require you to relocate Your Equipment. We will provide you with at least thirty calendar days prior written notice of our need for you thereof to move Your EquipmentBMI, but, in offer the case of an emergency, we may require you to relocate it sooner. We will bear the reasonable costs of packing, unpacking and transporting Your Equipment for any relocation required by us. We will use commercially reasonable efforts to minimize interruption performance of the Colocation Construction and Installation Services listed in Annex H with respect to such Potential Colocation Site, on BTS Sites; provided, that Vendor acknowledges that at any time during such relocation. viii. We do not insure Your Equipment. During the Term, you BMI shall maintain insurance coverage have the right to engage any Person other than Vendor to perform such Colocation Construction and Installation Services. If the terms, conditions and fees in connection with reputable insurance companies such Colocation Construction and Installation Services are acceptable to BMI, BMI may engage Vendor to perform such Colocation Construction and Installation Services upon written notice to Vendor within five (5) Business Days after receipt by BMI of the offer from Vendor. If BMI elects to engage Vendor to perform such Colocation Construction and Installation Services pursuant to this Section 9.02(b), such Colocation Construction and Installation Services shall be performed in compliance with a Best Rating the requirements of no less than “A,” which are licensed this Agreement, including, without limitation, compliance with quality standards, Governmental Requirements, Permits and Environmental Laws, in each case as applicable to do business in the state in which the Space is located as follows:such Colocation Construction and Installation Services. (a) Commercial General Liability insurance of at least $1 million per occurrence for bodily injury and property damage or loss, covering your activities hereunder, naming us as an additional insured; (b) “all risk” property insurance or adequate self-insurance covering all Your Equipment; and (c) legally required workers’ compensation insurance Vendor hereby acknowledges and Employer’s Liability insurance agrees that any and all fees in an amount not less than $500,000 each accident. Such insurance policies connection with performance of any Colocation Acquisition Services and Colocation Construction and Installation Services shall be primary due and noncontributing payable in accordance with respect to any policies carried by, Annex H and shall deny the insurer/underwriter any rights of subrogation against, us. You waive any rights of subrogation or recovery against us for damage or loss to only if BMI installs its propertyCommunications Equipment on a Potential Colocation Site.