Common use of Co-Location Clause in Contracts

Co-Location. 12.1 Subject to Clause 12.7 and availability of space, PMCL shall make available Co-Location to the Operator. Such Co-Location shall be in accordance with the terms and conditions set out in Schedule B3 and Annex C. 12.2 The Operator shall make payment to PMCL for use of the Co-Location Site(s), the Capacity acquired (on per E1 basis) and/or any other facilities of PMCL so acquired for the purpose of Interconnection in accordance with terms of Annex D. 12.3 Neither Party shall connect or knowingly permit the connection to its Network of any Interconnect Equipment, unless the Authority has approved such equipment. 12.4 Where PMCL does not have sufficient space to accommodate the Operator’s Co-location Request at the requested Co-Location Site, PMCL shall, where possible, suggest an alternative Co-Location Site. 12.5 If an alternative Co-Location Site is either not available or not suitable for the Operator, for operational reasons, the Operator shall make suitable agreement with a Third Party for space for placement of Operator’s Interconnect Equipment at locations of such Third Party where PMCL has infrastructure for the purposes of Interconnection (“Third Party Interconnection Site(s)”). The Operator shall obtain all the necessary approvals for such Co-Location and shall make payment of charges and bear the cost of installation for Co- location at such Third Party Co-Location Sites. 12.6 Each Party shall take all necessary measures to ensure the safety of the other Party’s equipment at its premises. Notwithstanding the foregoing, it is the responsibility of each Party to provide adequate insurance cover for its respective equipment. In no case shall either Party be responsible for any damage to the other Party’s Co-Location Equipment caused by fire, water leakage, air-conditioning/mechanical ventilation failure, power fluctuation/interruption, or anything beyond that Party’s control (Force Majeure) at the Co- Location Site other than to the extent that it is the result of a grossly negligent, willful or reckless breach of this Agreement. 12.7 PMCL shall give regard to the following when assessing the availability of Co-location Space at a Co-Location Site: (a) PMCL’s reasonably anticipated requirements in the next four (4) years for space at the Co- Location Site for the provision to itself and its Customers; (b) PMCL’s reasonably anticipated requirements in the next four (4) years for space at the Co- Location Site for operation and maintenance purposes; (c) the Operator and other Third Party requirements (including for operation and maintenance purposes) that have been ordered but not yet delivered or that have been provided; (d) security and confidentiality requirements imposed on PMCL by Governmental Agencies; and (e) whether PMCL proposes to de-commission the Co-Location Site.

Co-Location. 12.1 Subject to Clause 12.7 and availability of space, PMCL shall make available Co-Location to the Operator. Such Co-Location shall be in accordance with the terms and conditions set out in Schedule B3 and Annex C. 12.2 The Operator shall make payment to PMCL for use of the Co-Location Site(s), the Capacity acquired (on per E1 basis) and/or any other facilities of PMCL so acquired for the purpose of Interconnection in accordance with terms of Annex D. 12.3 Neither Party shall connect or knowingly permit the connection to its Network of any Interconnect Equipment, unless the Authority has approved such equipment. 12.4 Where PMCL does not have sufficient space to accommodate the Operator’s Co-location Request at the requested Co-Location Site, PMCL shall, where possible, suggest an alternative Co-Location Site. 12.5 If an alternative Co-Location Site is either not available or not suitable for the Operator, for operational reasons, the Operator shall make suitable agreement with a Third Party for space for placement of Operator’s Interconnect Equipment at locations of such Third Party where PMCL has infrastructure for the purposes of Interconnection (“Third Party Interconnection Site(s)”). The Operator shall obtain all the necessary approvals for such Co-Location and shall make payment of charges and bear the cost of installation for Co- Co-location at such Third Party Co-Location Sites. 12.6 Each Party shall take all necessary measures to ensure the safety of the other Party’s equipment at its premises. Notwithstanding the foregoing, it is the responsibility of each Party to provide adequate insurance cover for its respective equipment. In no case shall either Party be responsible for any damage to the other Party’s Co-Location Equipment caused by fire, water leakage, air-conditioning/mechanical ventilation failure, power fluctuation/interruption, or anything beyond that Party’s control (Force Majeure) at the Co- Location Site other than to the extent that it is the result of a grossly negligent, willful or reckless breach of this Agreement. 12.7 PMCL shall give regard to the following when assessing the availability of Co-location Space at a Co-Location Site: (a) PMCL’s reasonably anticipated requirements in the next four (4) years for space at the Co- Co-Location Site for the provision to itself and its Customers; (b) PMCL’s reasonably anticipated requirements in the next four (4) years for space at the Co- Co-Location Site for operation and maintenance purposes; (c) the Operator and other Third Party requirements (including for operation and maintenance purposes) that have been ordered but not yet delivered or that have been provided; (d) security and confidentiality requirements imposed on PMCL by Governmental Agencies; and (e) whether PMCL proposes to de-commission the Co-Location Site.