Common use of License Services Clause in Contracts

License Services. (a) In consideration of the payment of the Charges set forth in the applicable Service Order and subject to the terms and conditions hereof and of the Agreement, Licensor hereby grants to Licensee, as of the Commencement Date, a limited, non-exclusive license to install, operate, and maintain (the “License”) certain communications and/or IT equipment listed and described in the applicable Service Order (the “Equipment”) in the equipment space in that portion of each Facility as designated by Seller (the “Equipment Space”), together with a non-exclusive right to use common areas within each Facility as a means of ingress and egress for gaining access to the Equipment and the Equipment Space. (b) Licensor and Licensee hereby mutually acknowledge and agree that Licensor hereby grants Licensee a license only, and that this License does not and shall not be deemed to grant, demise, transfer, or otherwise convey to Licensee any right, title, or interest whatsoever in or to any portion of the overall property, including the Equipment Space, or to Licensor’s leasehold interest thereof, if applicable. (c) Licensor hereby reserves all rights not specifically granted to Licensee, including, without limitation, the right to: (1) access to and use of each Facility for its own use and for the use of its agents, representatives and licensees; (2) grant additional licenses for the Facility to other parties; and (3) exercise or grant other rights not inconsistent with the rights granted hereunder. (d) The License is expressly made subject and subordinate to the terms and conditions of any underlying ground or facilities lease or other superior right by which Licensor has acquired its interest in each Facility (the “Master Lease”). Licensee agrees to comply with any terms and conditions of such Master Lease, together with all building rules, regulations, and other requirements that the Lessor under such Master Lease (“Master Landlord”) may impose, which are subject to change from time to time. If the consent of the Master Landlord or other holder of the Master Lease is required in order for the parties to enter into the License, then this License shall not become effective until Licensor obtains such consent. Licensee understands and agrees that its rights under this License are subordinate to Licensor’s rights under the Master Lease, and in the event that the Master Lease terminates for any reason, this License will terminate, and Licensee shall have no further rights hereunder.

Appears in 2 contracts

Sources: Product Supplement – Colocation, Product Supplement – Colocation