Common use of Colocation Services Clause in Contracts

Colocation Services. (a) During the Initial term, if BMI is ------------------- interested in a Potential Colocation Site, Vendor may, upon written notice thereof to BMI, offer the performance of the Colocation Acquisition Services listed in Annex H with respect to such Potential Colocation Site, on BTS Sites; provided, that Vendor acknowledges that at any time during the Term, BMI shall -------- have the right to engage any Person other than Vendor to perform such Colocation Acquisition Services. If the terms, conditions and fees in connection with such Colocation Acquisition Services are acceptable to BMI, BMI may engage Vendor to perform such Colocation Acquisition Services upon written notice to Vendor within five (5) Business Days after receipt by BMI of the offer from Vendor. If BMI elects to engage Vendor to perform such Colocation Acquisition Services pursuant to this Section 9.02(b), such Colocation Acquisition Services shall be performed in compliance with the requirements of this Agreement, including, without limitation, compliance with quality standards, Governmental Requirements, Permits and Environmental Laws, in each case as applicable to such Colocation Acquisition Services. (b) During the Initial term, if BMI is interested in a Potential Colocation Site, Vendor may, upon written notice thereof to BMI, offer the performance of the Colocation Construction and Installation Services listed in Annex H with respect to such Potential Colocation Site, on BTS Sites; provided, that Vendor acknowledges that at any time during the Term, BMI shall have the right to engage any Person other than Vendor to perform such Colocation Construction and Installation Services. If the terms, conditions and fees in connection with such Colocation Construction and Installation Services are acceptable to BMI, BMI may engage Vendor to perform such Colocation Construction and Installation Services upon written notice to Vendor within five (5) Business Days after receipt by BMI of the offer from Vendor. If BMI elects to engage Vendor to perform such Colocation Construction and Installation Services pursuant to this Section 9.02(b), such Colocation Construction and Installation Services shall be performed in compliance with the requirements of this Agreement, including, without limitation, compliance with quality standards, Governmental Requirements, Permits and Environmental Laws, in each case as applicable to such Colocation Construction and Installation Services. (c) Vendor hereby acknowledges and agrees that any and all fees in connection with performance of any Colocation Acquisition Services and Colocation Construction and Installation Services shall be due and payable in accordance with Annex H and only if BMI installs its Communications Equipment on a Potential Colocation Site.

Colocation Services. (a) During Notwithstanding anything to the Initial termcontrary in the MSA, if BMI is ------------------- interested Savvis may increase the rates associated with existing Colocation Service at any time after twelve months of the initial Installation Date for such Service, and no more than once every twelve· months, in a Potential Colocation Site, Vendor may, order to pass through increases in such Service's underlying power facility costs and such increase shall be effective upon the date set forth in Savvis' written notice thereof to BMIcustomer. The amount of any such rate increase shall be in proportion to the power utility cost increase approved by the applicable regulatory body. Customer or Customer's employees,agents, offer the performance of the Colocation Acquisition Services listed contractors, or End Users who access any Savvis data center or other Savvis facility (a "Savvis Premises") on Customer's behalf ("Authorized Representatives") must be designated in Annex H with respect to such Potential Colocation Sitewriting. Customer, on BTS Sites; provided, that Vendor acknowledges that at its Authorized Representatives and all Customer Equipment and any time during the Term, BMI shall -------- have the right to engage any Person other than Vendor to perform such Colocation Acquisition Services. If the terms, conditions and fees related materials used in connection with such Colocation Acquisition Services are acceptable the Service shall comply with all data center operating policies (including the "Savvis Customer Handbook and Information Guide" ("Customer Guide")), a current copy of which is located on ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ and which Savvis may change from time to BMItime. If Savvis modifies its Customer Guide, BMI may engage Vendor to perform such Colocation Acquisition Services upon except as required by law or regulation, or industry standard ("Customer Guide Change"L and the Service is materially and adversely affected by the Customer Guide Change, Customer may, within fifteen (15) business days of the date Savvis notifies Customer in writing of the Customer Guide Change ("Customer Guide Change Notice Period"), send written notice to Vendor Savvis indicating the Service affected and including details sufficient to demonstrate the adverse material effect on Customer ("Customer Guide Change Notice"). Savvis will, within thirty (30) days of receipt of the Customer Guide Change Notice, review the notice and notify Customer whether Savvis agrees or disagrees with Customer's assertion. If Savvis agrees that the Customer Guide Change materially and adversely affects the Customer use of Service, Customer Guide may agree to waive the applicability of the Customer Guide Change to Customer, provided that any such waiver shall not be made by Savvis until the parties execute an amendment to the Agreement setting forth the terms of the waiver. If Savvis does not agree to the waiver, Customer may thereafter accept such Customer Guide Change or, no later than five (5) Business Days after receipt business days from the date of Savvis' response, terminate the Services directly affected by BMI of the offer from Vendor. If BMI elects to engage Vendor to perform such Colocation Acquisition Services pursuant to this Section 9.02(b), such Colocation Acquisition Services shall be performed in compliance with the requirements of this Agreement, including, without limitation, compliance with quality standards, Governmental Requirements, Permits and Environmental Laws, in each case as applicable to such Colocation Acquisition Services. (b) During the Initial term, if BMI is interested in a Potential Colocation Site, Vendor may, upon written notice thereof to BMI, offer the performance of the Colocation Construction and Installation Services listed in Annex H with respect to such Potential Colocation Site, on BTS Sites; provided, that Vendor acknowledges that at any time during the Term, BMI shall have the right to engage any Person other than Vendor to perform such Colocation Construction and Installation Services. If the terms, conditions and fees in connection with such Colocation Construction and Installation Services are acceptable to BMI, BMI may engage Vendor to perform such Colocation Construction and Installation Services upon Customer Guide Change by written notice to Vendor within five (5) Business Days after receipt by BMI of Savvis, and Customer shall not be liable for the offer from Vendorearly termination charges. If BMI elects Savvis reasonably believes that Customer is not in material compliance with this Section, Savvis will notify Customer thereof in writing and Customer shall remedy such non-compliance within 5 business days of receiving such notice, except in the case of threat of imminent harm or damage to engage Vendor to perform such Colocation Construction and Installation Services pursuant to this Section 9.02(b)Savvis, such Colocation Construction and Installation Services Customer or third party personnel, equipment, or Service or by order of competent legal authority; in which case any suspension shall be performed in compliance with the requirements of this Agreementimmediate, including, without limitation, compliance with quality standards, Governmental Requirements, Permits and Environmental Laws, in each case as applicable to such Colocation Construction and Installation Services. (c) Vendor hereby acknowledges and agrees that any and all fees in connection with performance however Savvis shall provide immediate notice of any Colocation Acquisition Services such suspension to Customer as soon as is reasonably practicable, and Colocation Construction and Installation Services shall be due and payable must reinstate the suspended service upon remedy of such non­ compliance . If Customer fails to remedy such non­ compliance within such period, then, notwithstanding any other rights in accordance with Annex H and only if BMI installs its Communications Equipment on a Potential Colocation Site.the MSA, Savvis may immediately