Data Center Clause Samples

Data Center. First Data shall, in connection with providing the Services, utilize a data center (the “Data Center”). The Data Center will provide the conditioned facility, computer hardware, telecommunications infrastructure, operating software and seven (7) days per week, twenty-four (24) hours per day skilled staff sufficient to properly operate the First Data System and to enable First Data to deliver the Services to RCSI as required under the Agreement. Table of Contents

Data Center. The IT&S Data Center(s) located in Nashville, Tennessee and/or any of IT&S’s Regional Data Centers containing computer processing equipment and the Software used by IT&S to provide the Services, or such other facilities as IT&S may establish from time to time. Delivered. See definition in Section 3(d). Divested Facility. See definition in Section 12(d).

Data Center. “Data Center” means the data center facility located at the Building, which is operated and controlled by Instinet, and at which Instinet shall provide the majority of the Services.

Data Center. The Services that are required to be provided from a data center will be provided from (1) the data centers described in the applicable Services Exhibit, or (2) any data center operated by CONA or on behalf of CONA or an applicable Vendor (any of the foregoing, a “Data Center”).

Data Center. That certain Time Warner Telecom Co-Location Equipment Area Agreement effective as of July 15, 2005 by and between Time Warner and FDM, Inc., related to property at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇.

Data Center. Tenant shall have the right to use the data center identified on the attached Exhibit C (the “Data Center”) for the placement of up to nine (9) racks to hold its computer servers and other equipment. Landlord shall be responsible for the maintenance and repair of the Data Center and all Building Systems (not including the FM 200 System) located therein, except to the extent any damage is caused by misuse by Tenant or Tenant’s Agents. Tenant shall reimburse Landlord in full and within twenty (20) days after written demand for the cost of any repair to the Data Center or the Building Systems located therein which is attributable to misuse by Tenant or Tenants Agents. Tenant shall not access, use, remove, relocate or in any way interfere with any other party’s servers or equipment within the Data Center or interfere with the use of the Data Center by Landlord or any other tenant or occupant of Landlord. Tenant’s indemnity obligations set forth in Section 13.1 of the Lease shall include, without limitation, any losses, costs, claims or damages incurred in connection with or arising from the use of or access to the Data Center by Tenant or Tenant’s Agents. At the end of the Expansion Term, Tenant shall remove its servers and equipment from the Data Center, restore any damage to the Data Center caused by such removal and, at the request of Landlord, remove any improvements or alterations made to the Data Center by Tenant during the period that it occupied to the Expansion Space, or any portion thereof, and restore any damage to the Data Center caused by such removal.

Data Center. The parties acknowledge and agree that the Data Center (as defined in Section 14 of the First Amendment) is now part of the Premises and the obligations of the parties with respect thereto shall be governed by the Lease. Therefore, Section 14 of the First Amendment is hereby deleted in its entirety. The parties further acknowledge and agree that the FM 200 System installed in the Data Center is not a “Building System”, as defined in the Lease, and the obligations of the parties with respect thereto shall be governed by Section 15 of the First Amendment.

Data Center. Subject to terms and conditions hereof, Tenant shall have shared access to the Data Center located on the 4th floor and operated by Landlord. Tenant shall pay to Landlord, as Additional Rent, fifty percent (50%) of the total Data Center Costs for any calendar year falling partly or wholly within the Term. The "Data Center Costs" shall include all costs and expenses related to the ownership, repairs, maintenance and operation of the Data Center, including, without limitation, the Data Center's proportionate share (based on square footage of Data Center as a percentage of the total square footage of occupied areas of the Building) of the Taxes and insurance costs for the Building, electrical and other utility costs as reasonably allocated to the Data Center by Landlord, the costs of the maintenance and operation of the climate control systems (HVAC) maintenance, fire suppression system and electrical power distribution systems (collectively, the "Systems"), and the costs of any capital repairs or mutually agreed improvements to the portions of the Building elements and/or Systems that exclusively serve the Data Center and that are shared or benefit both Landlord and Tenant, provided that such capital repairs, replacements and improvements shall be amortized over the useful life (in accordance with GAAP) and only the amortized costs of such capital repairs, replacements and improvements shall be included as Data Center Costs. The Data Center Costs shall be calculated separately by Landlord and included as a separate charge either on the statement of Operating Costs or by separate invoice and shall be paid by Tenant in the same manner as the Operating Costs, however, Tenant shall be responsible for fifty (50%) of the entire portion of the Data Center Costs (not just increases over a base year). Any payment to be made pursuant to this Paragraph 25 with respect to the year in which this Lease commences or terminates shall be prorated. Landlord, at its sole discretion, shall have the right to allow other tenants or occupants of the Building to utilize the Data Center and in such event the percentage of Data Center Costs to be shared by Tenant, Landlord and the other users shall be prorated on a basis that is mutually agreed upon by Landlord and Tenant.

Data Center. The CIS Data Center(s) located in Nashville, ----------- Tennessee and/or any of CIS's Regional Data Centers containing computer processing equipment and the Software used by CIS to provide the Services, or such other facilities as CIS may establish from time to time.