Common use of IBM Obligations Clause in Contracts

IBM Obligations. (a) IBM shall use the Empire Facilities for the sole and exclusive purposes of providing the Services under this Agreement. The use of Empire Facilities by IBM does not constitute a leasehold or other property interest in favor of IBM. (b) IBM shall use the Empire Facilities in a manner that is coordinated, and does not interfere, with Empire's business operations. To the extent that IBM operates the space in a manner that materially and unnecessarily increases facility or other costs incurred by Empire, Empire shall notify IBM of such costs and IBM shall take such steps as may be necessary to reduce such facility costs to a level reasonably acceptable to Empire. IBM shall be responsible for any damage to the Empire Facilities resulting from the abuse, misuse, or negligence of IBM or other failure to comply with its obligations respecting the Empire Facilities, and Empire shall have the right to set off the reasonable and actual cost of repairing any such damage against charges payable to IBM under this Agreement, in accordance with Section 14.6. (c) IBM shall keep the Empire Facilities in good order, not commit or permit IBM personnel to commit waste or damage to Empire Facilities or use Empire Facilities for any unlawful purpose or act, and shall comply with Empire's standard policies and procedures and with applicable leases as these are made available to IBM regarding access to and use of the Empire Facilities, including procedures for the physical security of the Empire Facilities. (d) IBM shall not make improvements or changes to the Empire Facilities without Empire's prior written approval. Any improvements to the Empire Facilities will become the property of Empire. (e) When the Empire Facilities are no longer required for performance of the Services, IBM shall restore the Empire Facilities to substantially the same condition as when IBM began use of them in the case of (i) damage caused by IBM or its agents (subject to reasonable wear and tear); and (ii) unauthorized changes to the Facilities.