Common use of Colocation Clause in Contracts

Colocation. Landlord acknowledges that the business to be conducted by the undersigned Tenant in the Premises requires the installation of certain equipment (described below) owned by customers or co-locators of the undersigned Tenant (“Permitted Licensees”) in (but not outside of) the Premises, in order for the Permitted Licensees to place and maintain computer, switch and/or communications equipment which may interconnect with Tenant’s facilities and/or the Permitted Licensees’ facilities (the “Permitted Interconnection”). To expedite the Permitted Licensees’ access to the Premises for the Permitted Interconnection, Landlord expressly agrees that Tenant may, without Landlord’s further consent, license portions of the Premises to the Permitted Licensees for the sole purpose of the Permitted Interconnection pursuant to written agreements by and between Tenant and the Permitted Licensees (collectively, “Permitted Agreements”); provided, however, that (a) Tenant provides a list of contact information for such Permitted Licensees in a format that Landlord may reasonably alter from time-to-time, and (b) each Permitted Licensee’s license of a portion of the Premises may not violate any terms of this Lease or any Applicable Laws. Landlord expressly waives any right to prior review of such Permitted Agreements. Tenant’s Permitted Agreements with the Permitted Licensees may not affect, or provide any rights with respect to or to use in any manner, the Additional Pathway as defined in Item 7 of the Basic Lease Information or Tenant’s interconnections. The Permitted Licensees shall comply with all Applicable Laws and the Datacenter Rules and Regulations. The Permitted Agreements and the Permitted Licensees’ rights thereunder shall be subject and subordinate at all times to the Lease and all of its provisions, covenants and conditions. Tenant hereby agrees to indemnify, defend, and hold harmless Landlord and the Landlord Group from and against (and to reimburse Landlord and the Landlord Group) for any and all Claims (defined in Section 14.2, below) arising from or in any manner relating to (i) any Permitted Agreement, (ii) the use or occupancy of the Tenant Space or any other portion of the Building or the Property by any Permitted Licensee or any person claiming by, through or under any Permitted Licensee, its partners, and their respective officers, agents, servants or employees of Tenant or any such person (collectively, the “Colocating Parties”) pursuant to any Permitted Agreement, (ii) the acts or omissions of any Permitted Licensee or any Colocating Parties pursuant to any Permitted Agreement.

Colocation. Landlord Grantor acknowledges that the business to be conducted by the undersigned Tenant Grantee in the Colocation Premises requires the installation of certain equipment (described below) owned by customers or co-locators of the undersigned Tenant Grantee (“Permitted Licensees”) in (but not outside of) the Colocation Premises, in order for the Permitted Licensees to place and maintain computer, switch and/or communications equipment which may interconnect with TenantGrantee’s facilities and/or the Permitted Licensees’ facilities (the “Permitted Interconnection”). To expedite the Permitted Licensees’ access to the Colocation Premises for the Permitted Interconnection, Landlord Grantor expressly agrees that Tenant Grantee may, without LandlordGrantor’s further consent, license portions of the Colocation Premises to the Permitted Licensees for the sole purpose of the Permitted Interconnection pursuant to written agreements by and between Tenant Grantee and the Permitted Licensees (collectively, “Permitted Agreements”); provided, however, that (a) Tenant Grantee provides a list of contact information for such Permitted Licensees in a format that Landlord Grantor may reasonably alter from time-to-time, and (b) Grantee pays to Grantor as Additional Colocation Fees Grantor’s prevailing fee for each Permitted Licensee (the “Access Card Fee”) for the purpose of providing the Permitted Licensee with access to the Colocation Premises, which Access Card Fee, as of the date of this Agreement, is $35 per access card and is subject to increases from time-to-time during the Term of this Agreement, and (c) the Permitted Licensee’s license of a portion of the Colocation Premises may not violate any the terms of this Lease Agreement or any Applicable Laws. Landlord Grantor expressly waives any its right to prior review of such Permitted Agreements. TenantGrantee’s Permitted Agreements with the Permitted Licensees may not affect, or provide any rights with respect to or to use in any manner, the Additional Pathway as defined in Item 7 of the Basic Lease Colocation Information or TenantGrantee’s interconnections. The Permitted Licensees shall comply with all Applicable Laws and the Datacenter Rules and Regulations. The Permitted Agreements and the Permitted Licensees’ rights thereunder shall be subject and subordinate at all times to the Lease Agreement and all of its provisions, covenants and conditionscondition. Tenant Grantee hereby agrees to indemnify, defend, and hold harmless Landlord Grantor and the Landlord Grantor Group from and against (and to reimburse Landlord Grantor and the Landlord GroupGrantor Group for) for any and all Claims (defined in Section 14.2, below) arising from or in any manner relating to (i) any Permitted Agreement, (ii) the use or occupancy of the Tenant Grantee Space or any other portion of the Building or the Property by any Permitted Licensee or any person claiming by, through or under any Permitted Licensee, its partners, and their respective officers, agents, servants or employees of Tenant Grantee or any such person (collectively, the “Colocating Parties”) pursuant to any Permitted Agreement), or (iiiii) the acts or omissions of any Permitted Licensee or any Colocating Parties pursuant Parties. Anything to any the contrary contained herein notwithstanding, Grantor and Grantee acknowledge and agree that Permitted AgreementAgreements shall not constitute, or be deemed to be, the grant of a leasehold interest or otherwise constitute, or be deemed to be, a real property interest.

Colocation. Notwithstanding the foregoing, Landlord acknowledges that the business to be conducted by the undersigned Tenant in the Premises requires the installation of certain equipment (described below) owned by customers or co-locators or sub-co-locators of the undersigned Tenant (“Permitted Licensees”) in (but not outside of) the Premises, in order for the Permitted Licensees to access certain portions of the Premises and to place and maintain computer, switch and/or communications equipment therein Page which may interconnect with Tenant’s facilities and/or the Permitted Licensees’ facilities (the “Permitted Interconnection”). To expedite the Permitted Licensees’ access to the Premises for the Permitted Interconnection, Landlord expressly agrees that Tenant may, without Landlord’s further consent, license portions of the Premises to the Permitted Licensees for the sole purpose of the Permitted Interconnection pursuant to written agreements by and between Tenant and the Permitted Licensees providing for (i) the installation in the Premises of communications and/or computer equipment owned or leased by third parties (including communications and/or computer equipment leased by Tenant to such third parties) to enable Tenant to provide such third parties with broadband connectivity to the internet, IP VPN services, web hosting and/or all other internet, intranet and extranet facilities and equipment and/or services then currently being provided by Tenant; (ii) the use, maintenance, repair, and operation of such communications and/or computer equipment by such third parties and/or by Tenant; and (iii) a grant by Tenant to such third parties of the right to have actual and/or virtual access to the Premises and to such communications and/or computer equipment (collectively, “Permitted Colocation Agreements”); provided, however, that (a) Tenant provides a list of contact information for such Permitted Licensees in a format that Landlord may reasonably alter from time-to-time, and (b) Tenant pays to Landlord as Additional Rent Landlord’s prevailing fee for each Permitted Licensee (the “Access Card Fee”) for the purpose of providing the Permitted Licensee with access to the Colocation Room, which Access Card Fee, as of the date of this Lease, is $35 per access card and is subject to increases from time-to-time during the Term of this Lease, and (c) the Permitted Licensee’s license of a portion of the Premises may not violate any the terms of this Lease or any Applicable Laws. Landlord expressly waives any its right to prior review of such Permitted Colocation Agreements. Tenant’s Permitted Colocation Agreements with the Permitted Licensees may not affect, or provide any rights with respect to or to use in any manner, the Additional Pathway as defined in Item 7 7.c. of the Basic Lease Information or Tenant’s interconnections. The Permitted Licensees shall comply with all Applicable Laws and the Datacenter Building Rules and Regulations. The Permitted Colocation Agreements and the Permitted Licensees’ rights thereunder shall be subject and subordinate at all times to the Lease and all of its provisions, covenants and conditionscondition. Tenant hereby agrees to indemnify, defend, and hold harmless Landlord and the Landlord Group from and against (and to reimburse Landlord and the Landlord Group) for any and all Claims (defined in Section 14.2, below) arising from or in any manner relating to (i) any Permitted Colocation Agreement, (ii) the use or occupancy of the Tenant Space or any other portion of the Building or the Property by any Permitted Licensee or any person claiming by, through or under any Permitted Licensee, its partners, and their respective officers, agents, servants or employees of Tenant or any such person (collectively, the “Colocating Parties”) pursuant to any Permitted Agreement), or (iiiii) the acts or omissions of any Permitted Licensee or any Colocating Parties pursuant Parties. Notwithstanding the foregoing, Permitted Colocation Agreements may be effected whether or not Tenant provides managed hosting services to any the Colocation Party; provided that the terms of this Section 10.6 are complied with. Permitted AgreementColocation Agreements shall not constitute or be deemed the grant of a leasehold interest or otherwise constitute or be deemed a real property interest.

Colocation. Landlord acknowledges that the business to be conducted by the undersigned Tenant in the Premises requires the installation of certain equipment (described below) owned by customers or co-locators of the undersigned Tenant (“Permitted Licensees”) in the Premises (but not outside of) or in the PremisesMeet-Me Room, subject to the terms of the MMR Lease), in order for the Permitted Licensees to place and maintain computer, switch and/or communications equipment which may interconnect with Tenant’s facilities and/or the Permitted Licensees’ facilities (the “Permitted Interconnection”); provided that, in no event shall Tenant or any Permitted Licensee have the right or ability to provide MMR Services, as described in Section 6.1 of this Lease (except in the Meet-Me Room, as may be provided in the MMR Lease). To expedite the Permitted Licensees’ access to the Premises for the Permitted Interconnection, Landlord expressly agrees that Tenant may, without Landlord’s further consent, license portions of the Premises to the Permitted Licensees for the sole purpose of the Permitted Interconnection pursuant to written agreements by and between Tenant and the Permitted Licensees (collectively, “Permitted Agreements”); provided, however, that (a) Tenant provides a list of contact information for such Permitted Licensees in a format that Landlord may reasonably alter from time-to-time, and (b) Tenant pays to Landlord as Additional Rent Landlord’s prevailing fee for each Permitted Licensee (the “Access Card Fee”) for the purpose of providing the Permitted Licensee with access to the Premises, which Access Card Fee, as of the date of this Lease, is $35 per access card and is subject to increases from time-to-time during the Term of this Lease, and (c) the Permitted Licensee’s license of a portion of the Premises may not violate any the terms of this Lease or any Applicable Laws. Landlord expressly waives any its right to prior review of such Permitted Agreements. Tenant’s Permitted Agreements with the Permitted Licensees may not affect, or provide any rights with respect to or to use in any manner, the Additional Pathway as defined in Item 7 of the Basic Lease Information or Tenant’s interconnections. The Permitted Licensees shall comply with all Applicable Laws and the Datacenter Building Rules and Regulations. The Permitted Agreements and the Permitted Licensees’ rights thereunder shall be subject and subordinate at all times to the Lease and all of its provisions, covenants and conditionscondition. Tenant hereby agrees to indemnify, defend, and hold harmless Landlord and the Landlord Group from and against (and to reimburse Landlord and the Landlord GroupGroup for) for any and all Claims (defined in Section 14.2, below) arising from or in any manner relating to (i) any Permitted Agreement, (ii) the use or occupancy of the Tenant Space or any other portion of the Building or the Property by any Permitted Licensee or any person claiming by, through or under any Permitted Licensee, its partners, and their respective officers, agents, servants or employees of Tenant or any such person (collectively, the “Colocating Parties”) pursuant to any Permitted Agreement), or (iiiii) the acts or omissions of any Permitted Licensee or any Colocating Parties pursuant Parties. Anything to any the contrary contained herein notwithstanding, Landlord and Tenant acknowledge and agree that Permitted AgreementAgreements shall not constitute, or be deemed to be, the grant of a leasehold interest or otherwise constitute, or be deemed to be, a real property interest.