Common use of Rights Reserved to Licensor Clause in Contracts

Rights Reserved to Licensor. To the extent that Licensee is not the sole Licensee in the Facilities, Licensor reserves the right, in accordance with the provisions of this Section 1.2, to relocate any portion of the Facilities within the Datacenter in which the applicable Facilities is located (or within any expansion of such Datacenter located within the Building) without effecting an eviction or disturbance of Licensee’s use or possession or giving rise to any claim for setoffs or abatement of any amount due under this Agreement. Upon the occurrence of any relocation in accordance with such right, (a) the prior Facilities (in the applicable Order) will, upon the completion of such relocation, no longer be deemed to be the “Facilities” under such Order thereunder; and (b) the new Facilities will, upon the completion of such relocation, be deemed to be the “Facilities” under such applicable Order thereunder. Licensor shall use commercially reasonable efforts to effect such relocation or reconfiguration in a manner that minimizes any interruption or adverse effect on Licensee’s telecommunications systems. Licensor shall provide Licensee no less than thirty (30) calendar days’ prior notice of all such relocations or reconfigurations. Following receipt of such notice, if said relocation or reconfiguration requires the movement of any of Licensee’s equipment or property, Licensee shall relocate Licensee’s equipment or property to a new location designated by Licensor within the Datacenter in which the applicable Facilities is located (or within any expansion of such Datacenter located within the Building). Licensor shall reimburse Licensee for all reasonable out-of-pocket costs actually incurred by Licensee in relocating its equipment or property. Licensee’s right to reimbursement to the extent provided above in this Section 1.2 shall be Licensee’s sole remedy in the event Licensor elects to relocate the Facilities, and Licensee shall not be entitled to any additional compensation or damages for loss of, or interference with, Licensee’s business or use or access of all or any part of the Facilities resulting from such relocation.

Rights Reserved to Licensor. To the extent that Licensee is not the sole Licensee in the Facilities, Licensor reserves the right, in accordance with the provisions of this Section 1.2, to relocate any portion of the Facilities Premises within the Datacenter in which the applicable Facilities Premises is located (or within any expansion of such Datacenter located within the Building) without effecting an eviction or disturbance of Licensee’s use or possession or giving rise to any claim for setoffs or abatement of any amount due under this Agreement. Upon the occurrence of any relocation in accordance with such right, (a) the prior Facilities Premises (in the applicable Order) will, upon the completion of such relocation, no longer be deemed to be the “FacilitiesPremises” under such Order thereunder; and (b) the new Facilities Premises will, upon the completion of such relocation, be deemed to be the “FacilitiesPremises” under such applicable Order thereunder. Licensor shall use commercially reasonable efforts to effect such relocation or reconfiguration in a manner that minimizes any interruption or adverse effect on Licensee’s telecommunications systems. Licensor shall provide Licensee no less than thirty (30) calendar days’ prior notice of all such relocations or reconfigurations. Following receipt of such notice, if said relocation or reconfiguration requires the movement of any of Licensee’s equipment or property, Licensee shall relocate Licensee’s equipment or property to a new location designated by Licensor within the Datacenter in which the applicable Facilities Premises is located (or within any expansion of such Datacenter located within the Building). Licensor shall reimburse Licensee for all reasonable out-of-pocket costs actually incurred by Licensee in relocating its equipment or property. Licensee’s right to reimbursement to the extent provided above in this Section 1.2 shall be Licensee’s sole remedy in the event Licensor elects to relocate the FacilitiesPremises, and Licensee shall not be entitled to any additional compensation or damages for loss of, or interference with, Licensee’s business or use or access of all or any part of the Facilities Premises resulting from such relocation.