Common use of Colocation Services Clause in Contracts

Colocation Services. Customer may, pursuant to and as described in a particular Sales Order Form, "sublease" from Meriplex certain space (the “Space”) in which to locate certain equipment owned by Customer (the “Equipment”). This provision does not constitute a lease of any real or personal property or a grant of any other real property interest. Customer acknowledges and agrees that for "subleased" colocation Space and Services provided in any jurisdiction, Customer is granted only a license to use the Space in accordance with this Agreement. 11.7.1 Customer shall use the Space solely for the location and operation of the Equipment. Customer shall not connect or interconnect the Equipment with any other equipment or services of any third-party without Meriplex’s prior written consent. Except as set forth in the Service Level Agreement, the Space is accepted “AS IS” by Customer, and Meriplex makes no representation or warranty as to the fitness of the Space for Customer’s intended use. Subject to Customer’s compliance with all applicable clearance and authorization procedures, access to the Space shall be available twenty-four (24) hours per day, seven (7) days per week, but shall be limited to those employees of Customer identified to and approved by Meriplex in writing. If any employee of Customer causes any damage or threat of damage to any equipment, individuals, or the Space, Meriplex in its sole discretion may rescind such employee’s right to access the Space. Meriplex shall have the right to access the Space at any time for any purpose. Meriplex shall have the authority (without subjecting Meriplex to any liability related thereto) to suspend Customer’s operations in and around the Space, if, in Meriplex’s sole discretion, there arises any imminently hazardous condition, unsafe practice, or an emergency situation. Meriplex shall have the authority (without subjecting Meriplex to any liability related thereto) to suspend Customer’s operation in and around the Space upon forty-eight (48) hours’ Notice to Customer, if, in Meriplex’s sole discretion, there arises any non-imminently hazardous condition or unsafe practice or condition, and waiting forty-eight (48) hours before taking action is not likely to (a) cause harm or damage to any person or property and/or (b) the condition or practice is not likely to become materially worse such that the cost or effort to resolve it is caused to be greater by the forty-eight (48) hour postponement of action. Meriplex may, upon Notice, require Customer to relocate the Equipment to another space within a reasonable time based upon the reasons for such relocation; provided, however, that such other space shall afford reasonably comparable access, environmental conditions, and facilities. Meriplex shall have the right at any time to change or discontinue any aspect or feature of its Services including, but not limited to, changes required by changes in government regulations. 11.7.2 Neither Customer, nor its agents, nor its contractors shall make any alterations or improvements to the Space without (a) submitting all plans and specifications for such improvements to Meriplex and (b) receipt of Meriplex’s written consent. Meriplex’s written consent shall not unreasonably be withheld, conditioned, or delayed. All fixtures, alterations, improvements and/or appurtenances attached to or built into, on, or about the Space shall be and remain part of the Space and shall not be removed by Customer (unless otherwise directed by Meriplex). Upon termination, expiration, or cancellation of any use of the Space hereunder, except for alterations as described herein, Customer shall return the Space to the manner in which it existed upon commencement of the sublease, reasonable wear and tear excepted. Customer shall be liable for all damage to the Space and/or Meriplex equipment caused by Customer, including all costs and expenses required to return the Space and/or Meriplex equipment to its original condition. 11.7.3 Customer shall take all actions reasonably necessary to comply with the requirements of any underlying agreement or instrument related to or encumbering the Space upon Notice of such requirements delivered to Customer prior to occupancy of the Space, and Customer acknowledges that its use of the Space is subject and subordinate to any such underlying agreement or instrument. Customer, its employees, agents, and contractors shall abide by all applicable laws, regulations, tariffs, rules, and policies related to the Space. In the event that any underlying agreement or instrument terminates, the Sales Order for Customer’s colocation of the Space shall automatically terminate, and any Services provided in connection with the Space shall also terminate and Meriplex shall not be liable for any damages related thereto. 11.7.4 In the event that Customer fails to pay Meriplex any undisputed amounts owed for the use of the Space under a Sales Order when due, Customer agrees that Meriplex may restrict Customer’s physical access to the Space and Equipment without being liable for prosecution or for damages.

Colocation Services. Customer may, pursuant to and as described in a particular Sales Order Form, "sublease" from Meriplex certain space (the “Space”) in which to locate certain equipment owned by Customer (the “Equipment”). This provision does not constitute a lease of any real or personal property or a grant of any other real property interestTHIS PROVISION DOES NOT CONSTITUTE A LEASE OF ANY REAL OR PERSONAL PROPERTY OR A GRANT OF ANY OTHER REAL PROPERTY INTEREST. Customer acknowledges and agrees that for CUSTOMER ACKNOWLEDGES AND AGREES THAT FOR "subleasedSUBLEASED" colocation Space and Services provided in any jurisdictionCOLOCATION SPACE AND SERVICES PROVIDED IN ANY JURISDICTION, Customer is granted only a license to use the Space in accordance with this AgreementCUSTOMER IS GRANTED ONLY A LICENSE TO USE THE SPACE IN ACCORDANCE WITH THIS AGREEMENT. 11.7.1 Customer shall use the Space solely for the location and operation of the Equipment. Customer shall not connect or interconnect the Equipment with any other equipment or services of any third-party without Meriplex’s prior written consent. Except as set forth in the Service Level Agreement, the Space is accepted “AS IS” by Customer, and Meriplex makes no representation or warranty as to the fitness of the Space for Customer’s intended use. Subject to Customer’s compliance with all applicable clearance and authorization procedures, access to the Space shall be available twenty-four (24) hours per day, seven (7) days per week, but shall be limited to those employees of Customer identified to and approved by Meriplex in writing. If any employee of Customer causes any damage or threat of damage to any equipment, individuals, or the Space, Meriplex in its sole discretion may rescind such employee’s right to access the Space. Meriplex shall have the right to access the Space at any time for any purpose. Meriplex shall have the authority (without subjecting Meriplex to any liability related thereto) to suspend Customer’s operations in and around the Space, if, in Meriplex’s sole discretion, there arises any imminently hazardous condition, unsafe practice, or an emergency situation. Meriplex shall have the authority (without subjecting Meriplex to any liability related thereto) to suspend Customer’s operation in and around the Space upon forty-eight (48) hours’ Notice to Customer, if, in Meriplex’s sole discretion, there arises any non-imminently hazardous condition or unsafe practice or condition, and waiting forty-eight (48) hours before taking action is not likely to (a) cause harm or damage to any person or property and/or (b) the condition or practice is not likely to become materially worse such that the cost or effort to resolve it is caused to be greater by the forty-eight (48) hour postponement of action. Meriplex may, upon Notice, require Customer to relocate the Equipment to another space within a reasonable time based upon the reasons for such relocation; provided, however, that such other space shall afford reasonably comparable access, environmental conditions, and facilities. Meriplex shall have the right at any time to change or discontinue any aspect or feature of its Services including, but not limited to, changes required by changes in government regulations. 11.7.2 Neither Customer, nor its agents, nor its contractors shall make any alterations or improvements to the Space without without (a) submitting all plans and specifications for such improvements to Meriplex and (b) receipt of Meriplex’s written consent. Meriplex’s written consent shall not unreasonably be withheld, conditioned, or delayed. All fixtures, alterations, improvements and/or appurtenances attached to or built into, on, or about the Space shall be and remain part of the Space and shall not be removed by Customer (unless otherwise directed by Meriplex▇▇▇▇▇▇▇▇). Upon termination, expiration, or cancellation of any use of the Space hereunder, except for alterations as described herein, Customer shall return the Space to the manner in which it existed upon commencement of the sublease, reasonable wear and tear excepted. Customer shall be liable for all damage to the Space and/or Meriplex equipment caused by Customer, including all costs and expenses required to return the Space and/or Meriplex equipment to its original condition. 11.7.3 Customer shall take all actions reasonably necessary to comply with the requirements of any underlying agreement or instrument related to or encumbering the Space upon Notice of such requirements delivered to Customer prior to occupancy of the Space, and Customer acknowledges that its use of the Space is subject and subordinate to any such underlying agreement or instrument. Customer, its employees, agents, and contractors shall abide by all applicable laws, regulations, tariffs, rules, and policies related to the Space. In the event that any underlying agreement or instrument terminates, the Sales Order for Customer’s colocation of the Space shall automatically terminate, and any Services provided in connection with the Space shall also terminate and Meriplex shall not be liable for any damages related thereto. 11.7.4 In the event that Customer fails to pay Meriplex any undisputed amounts owed for the use of the Space under a Sales Order when due, Customer agrees that Meriplex may restrict Customer’s physical access to the Space and Equipment without being liable for prosecution or for damages.