Server Refresh. In order to preserve for Supplier the economic value of the profit sharing set forth herein, at least once during the Initial Term of the Lease and, if Tenant exercises the first Extension Option, at least once during the extended Term of the Lease, Customer shall perform a Server Refresh in accordance with the Lease.
Server Refresh. At least once during the initial Term of the Lease and, if Tenant exercises the first Extension Option, at least once during the extended Term of the Lease, Tenant, at Tenant’s sole cost and expense, shall replace all existing Miners in each Powered Shell with new Miners that are at least [***] more productive (measured in terahash/second) as compared to the existing Miners (such replacement, a “Server Refresh”). Tenant shall provide notice to Landlord upon completion of any Server Refresh certifying to Landlord that the Server Refresh has been completed in accordance with this Section 8.3.4 with reasonable supporting materials, including a list of the serial numbers of the newly installed Miners to be included in the collateral description of the UCC-1 in accordance with the final sentence of this Section 8.3.4, and Landlord shall approve or reject such certification, such approval not to be unreasonably withheld, conditioned or delayed. No later than five (5) business days following Landlord’s approval of the Server Refresh certification, Landlord shall return the Step-Up Security Deposit to Tenant (provided, Tenant shall be required to thereafter deposit a new Step-Up Security Deposit as and to the extent provided in Item 10 of the Basic Lease Information). Upon any such Server Refresh, Tenant, in consideration for the Landlord’s lease of the Premises and as security for the obligations of Tenant hereunder, shall grant to Landlord a continuing security interest in the replaced Miners and associated monitoring and control systems and such replaced Miners and related equipment shall be considered “Encumbered Personal Property” and subject to Section 14.5. In addition, Landlord and Tenant shall reasonably cooperate to cause all applicable UCC-1 financing statements evidencing Landlord’s lien on the replacement Miners and UCC-3 terminations along with other documents reasonably requested by Tenant releasing Xxxxxxxx’s lien from the replaced Miners to be filed simultaneously through a customary escrow arrangement.
Server Refresh. Exhibit A-1 sets forth a Refresh schedule for Equipment within the Server Services category. If Health Net (a) directs Supplier to delay the Refresh of Server Equipment and (b) is unable or unwilling to purchase hardware maintenance for such Server Equipment, and as a result Supplier is reasonably likely to have difficulty meeting applicable Service Levels covering such Server Equipment, then Supplier shall so notify Health Net. If after receiving such notice Health Net does not authorize Supplier to Refresh or purchase hardware maintenance (if available) for such Server Equipment, then Supplier shall be excused from the requirement to meet applicable Service Levels for such Server Equipment solely to the extent such Service Levels are affected by the Server Equipment’s performance failure (i.e., not due to Supplier’s performance of or failure to perform the Services).
