Environmental Control. Opus shall use commercially reasonable efforts to maintain cold aisle conditions in the Premises, as measured at two (2) to five (5) feet above the floor level, in accordance with the “Recommended Level” set forth in the then-current ASHRAE TC 9.9 (American Society of Heating, Refrigeration and Air-Conditioning Engineers, Technical Committee 9.9) Design Considerations for Datacom Equipment Centers, for Class 1 buildings (the “ASHRAE Standards”), the current version of which is set forth in Table 2.2 below. Condition Allowable Level Recommended Level Temperature Control Range 59° F - 90° F 64.4° F - 80.6°F ASHRAE TC 9.9 Class 1: Typically a Datacom facility with tightly controlled environmental parameters (dew point, temperature, and relative humidity) and mission critical operations; types of products typically designed for this environment are enterprise servers and storage products. In the event that: (a) There is a failure of the HVAC system to maintain the Temperature Control Range of the cold aisle within the “Recommended Level” of the then-current ASHRAE Standards, Opus shall make the necessary adjustments to restore the “Recommended Level” conditions within 24 hours of receiving notice of such failure to maintain such conditions, and (b) if such failure is not cured within twenty-four (24) hours after Opus receives notice of such failure, and the failure of Opus to satisfy the applicable commitment level shall not have been caused in whole or in part by any Client Party actions or inactions (including any failure to comply with the Master Customer Agreement, including the AUP, Policies and Procedures), actions or inactions of Client Party’s end users, or a casualty to any portion of the Building despite Opus using diligent efforts to cure the same, an “Environmental SLA Violation” shall be deemed to have occurred and the Client shall have the right to Service Credit as set forth in the Summary of Guarantees Table of this Service Level Agreement, to the extent applicable. 2. Landlord fails to maintain conditions within the then-current ASHRAE Standards “Allowable Level,” in the cold aisle and the failure of Opus to satisfy such conditions shall not have been caused in whole or in part by any Client Party actions or inactions (including any failure to comply with the Master Customer Agreement, including the AUP, Policies and Procedures), actions or inactions of Client Party’s end users, or a casualty to any portion of the Building, an “Environmental SLA Violation” shall be deemed to have occurred and the Client shall have the right to Service Credit as set forth in the Summary of Guarantees Table of this Service Level Agreement, to the extent applicable.
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