Common use of Data Center Clause in Contracts

Data Center. Subject to terms and conditions hereof, Tenant shall have shared access to the Data Center located on the 4th floor and operated by Landlord. Tenant shall pay to Landlord, as Additional Rent, fifty percent (50%) of the total Data Center Costs for any calendar year falling partly or wholly within the Term. The "Data Center Costs" shall include all costs and expenses related to the ownership, repairs, maintenance and operation of the Data Center, including, without limitation, the Data Center's proportionate share (based on square footage of Data Center as a percentage of the total square footage of occupied areas of the Building) of the Taxes and insurance costs for the Building, electrical and other utility costs as reasonably allocated to the Data Center by Landlord, the costs of the maintenance and operation of the climate control systems (HVAC) maintenance, fire suppression system and electrical power distribution systems (collectively, the "Systems"), and the costs of any capital repairs or mutually agreed improvements to the portions of the Building elements and/or Systems that exclusively serve the Data Center and that are shared or benefit both Landlord and Tenant, provided that such capital repairs, replacements and improvements shall be amortized over the useful life (in accordance with GAAP) and only the amortized costs of such capital repairs, replacements and improvements shall be included as Data Center Costs. The Data Center Costs shall be calculated separately by Landlord and included as a separate charge either on the statement of Operating Costs or by separate invoice and shall be paid by Tenant in the same manner as the Operating Costs, however, Tenant shall be responsible for fifty (50%) of the entire portion of the Data Center Costs (not just increases over a base year). Any payment to be made pursuant to this Paragraph 25 with respect to the year in which this Lease commences or terminates shall be prorated. Landlord, at its sole discretion, shall have the right to allow other tenants or occupants of the Building to utilize the Data Center and in such event the percentage of Data Center Costs to be shared by Tenant, Landlord and the other users shall be prorated on a basis that is mutually agreed upon by Landlord and Tenant.