Common use of Data Center Clause in Contracts

Data Center. Notwithstanding anything to the contrary in Section 5.1(b) herein, as part of the initial Tenant Improvements to be installed prior to Tenant’s initial occupancy of the Premises, Tenant shall be permitted to cause the first floor of the Premises, or a portion thereof, to be upfitted as a corporate data center containing state-of-the-art communications and data systems and other machinery and equipment generally requiring electrical capacity in excess of that required for normal and customary office use (the “Data Center”); provided, however, any and all systems, machinery and equipment located in or otherwise serving the Data Center and/or other portions of the Premises exclusively (whether physically located in the Data Center or in other portions of the Building), including, without limitation, Supplemental HVAC Equipment, shall be separately metered for electrical usage. Such separate meter(s) must meet specifications provided by Landlord, and the costs of installing such meters and all associated data and electrical wiring (including all material and labor costs) shall be treated as part of the Tenant Improvements costs. The costs of such separately metered utility services shall be excluded from Operating Costs hereunder and shall be paid by Tenant to Landlord as Additional Rent within thirty (30) days of receipt of an invoice for such costs from Landlord. All equipment, electrical panels and breakers (including emergency power ATS and emergency electrical panels, breakers and switches), UPS, computers, and servers installed in and for the Data Center shall be maintained by Tenant at its sole cost and expense pursuant to Section 5.5(b) herein. Further, notwithstanding anything to the contrary contained in Section 5.1(a) herein, Landlord shall not be obligated to provide any additional janitorial services relative to the Data Center in excess of those services required to be provided by Landlord pursuant to Section 5.1(a)(iii) for the remaining areas of the Building; provided, however, at Tenant’s request, Landlord may provide such additional janitorial services, in Landlord’s sole discretion, provided the cost of such services shall be paid by Tenant to Landlord as Additional Rent within thirty (30) days of receipt of an invoice for such costs from Landlord.