Common use of SERVICES PROVIDED BY LICENSOR Clause in Contracts

SERVICES PROVIDED BY LICENSOR. (a) Licensor shall make available the following services for Licensee’s use of the Equipment Space: (i) Conditioned Equipment Space, maintaining proper levels of temperature and humidity consistent with industry standards for similar conditioned facilities, (ii) AC power as more fully described in the applicable Service Order, (iii) DC power as more fully described in the applicable Service Order, (iv) Fire suppression system, either sprinkler system or other system that conforms to local, state, and federal laws and regulations, (v) UPS or battery backup, as applicable, (vi) Grounding, (vii) Back-up generator power sufficient to power Licensee’s Equipment in the event of an interruption in power. Licensor shall have no liability for any such interruption or for any failure of such back-up generator power other than as set forth in the Service Level Objective in Section 9(d) below. (b) Installation of Licensee’s Equipment shall be performed in accordance with Licensor’s installation policies and specifications. As applicable, Licensee shall supply the racks, cabinets (if applicable), fiber, cable and the equipment that will be installed on the shelves. For coax cable terminations, and as applicable, all connectors between Licensee and Licensor shall be compatible with BNC connectors. For fiber terminations, and as applicable, all connectors between Licensee and Licensor shall be standard SC connectors. All Licensee work shall be under the direction and instruction of Licensee’s personnel. Only Licensor may physically perform any interconnection to Licensee’s Equipment. (c) Licensee shall pay to Licensor the costs of labor and materials and other costs incurred by Licensor to make the services available to Licensee hereunder, as more fully described in the applicable Service Order. (d) Licensor will use commercially reasonable efforts to meet the following Service Level Objective: Power. 100% uptime for power specified on service order (as amended, if applicable). In the event this Service Level Objective is not met and both power and back-up power are out at a Facility for one (1) hour or more in any calendar day (“Service Outage”), then (unless such outage is caused by: (i) an act or omission of Licensee or its employee, contractor, affiliate or agent; (ii) a Force Majeure Event; or (iii) the failure of facilities or equipment not owned or operated by Licensor) Licensee shall be entitled, if requested in writing within thirty (30) days of the applicable outage, to Performance Liquidated Damages of 1/30 of the monthly Site License Fee for such Facility for each separate calendar day in which such outage occurs; provided that the aggregate Service Level Credits in any calendar month shall not exceed 100% of the Site License Fee for such month. In the event that three (3) or more such calendar days occur at the same Facility in any one calendar month, Licensee may upon thirty (30) days written notice to Licensor terminate all Service Orders for Colocation Services applicable to such Facility, provided that such written notice is received no later than the last day of the calendar month following the calendar month in which the three (3) applicable calendar days occurred. THE PARTIES ACKNOWLEDGE THAT THE REMEDIES IN THIS SECTION 9(d) SHALL CONSTITUTE LICENSOR’S PERFORMANCE LIQUIDATED DAMAGES FOR THE SERVICES OFFERED UNDER THIS SUPPLEMENT AND SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF LICENSEE AND THE SOLE AND EXCLUSIVE LIABILITY OF LICENSOR TO LICENSEE FOR THE FAILURE TO PROVIDE SERVICES OR OTHERWISE PERFORM ITS OBLIGATIONS AS RELATED TO THE SERVICES UNDER THIS SUPPLEMENT. (e) Power is sold by Licensor in breakered amounts (e.g. 20 amp breaker). Licensor will offer the power circuit as a single feed (A side power only) or as a single feed with a diverse backup power circuit path (A and B side power, or otherwise referred to as “A&B power”). With the A&B power option, the B side of the circuit will support the same level of power as the A side circuit, however, the B path will be diverse to the A side circuit up to a certain point, such as the breaker, PDU, UPS or other point (the “A&B Merging Point”). The A&B Merging Point will be determined by Licensor in its sole discretion taking into account the facility involved, unless Licensor and Licensee specifically agree in writing on the relevant Service Order otherwise. If Licensee has any questions as to what level of diversity is offered by the B side circuit based on the facility being used, Licensor will provide a written circuit design upon Licensee’s request. Buying power in an A&B power configuration does not increase the amount of power that the Licensee is authorized to use. For example, if Licensor buys a 20 amp circuit with A side power, it may not exceed 20 amps of usage. If Licensor buys a 20 amp circuit with A&B power configuration, it still may not exceed a total of 20 amps of usage over both circuits in the aggregate. Based on the open design of the A&B circuit feeds, power will flow over both circuits. Still, the aggregate usage of the A&B circuit feeds may not exceed the total amps purchased. Licensee understands that if its aggregate usage of the A&B circuit feeds exceeds the total amps purchased, it will be breaching this agreement and it may endanger the power system since any loss of the A or B side at that point would cause both sides to trip their breakers. Licensor shall have no responsibility to Licensee if Licensee exceeds its authorized power level usage on either an A feed or A&B feed power circuit. For any level of power circuit purchased (e.g. 20 amp or 30 amp), Licensee understands and agrees that because the circuit is breakered at that amperage, that any usage above 80% of that amperage (the “Power Draw Limit”) may cause the breaker to trip, thereby causing a power loss. Licensee agrees that the term “Outage” for purposes of power loss shall not include any loss of power which occurs while or because Licensee used power in excess of the Power Draw Limit. For the first known occurrence of Licensee’s power usage exceeding the Power Draw Limit, Licensor may provide notice to Licensee (including, without limitation via email) to decrease the power draw within seventy two (72) hours. In such event, Licensee shall decrease its power usage to below the Power Draw Limit within such seventy two (72) hour period. For the second known occurrence of Licensee’s power usage exceeding the Power Draw Limit (or if Licensee fails to remedy the power overage after the first notice), Licensor may provide notice to decrease the power draw within seventy two (72) hours and may also invoice Licensee for and Licensee will pay a charge of fifty percent (50%) of its then current monthly Recurring Charge on each power circuit that is over the Power Draw Limit. The failure to decrease power usage on each feed to below the Power Draw Limit within such seventy two (72) hours shall constitute an Event of Default. For the third known occurrence of Licensee’s power usage exceeding the Power Draw Limit (or if Licensee has not remedied the first or second known occurrence), Licensor in its sole discretion may (i) provide notice to decrease the power draw and may also invoice Licensee for and Licensee will pay a charge of fifty percent (50%) of its then current monthly Recurring Charge on each power circuit that is over the Power Draw Limit; and/or (ii) if additional power is available, upgrade Licensee’s power to the next higher amp circuit at Licensor’s then current rates. The third known occurrence of Licensee’s power usage exceeding the Power Draw Limit (or if Licensee has not remedied the first or second known occurrence) shall constitute an Event of Default. (f) LICENSOR SHALL HAVE NO DUTY TO MONITOR, MAINTAIN, OR CARE FOR THE EQUIPMENT INSTALLED BY OR FOR LICENSEE UNLESS BY FURTHER SEPARATE WRITTEN AGREEMENT.

SERVICES PROVIDED BY LICENSOR. Licensor shall provide to Licensee, during the License Term, the services described below (the "Services") in accordance with Licensor's typical practices and standards in Licensor's sole determination. The cost of such Services shall be included in the License Fee except where expressly provided below or otherwise in this Agreement. In accepting Licensor's agreement to provide such Services, Licensee expressly acknowledges that there is the possibility of error or malfunction in any or all of the same, and agrees that Licensee is fully assuming all risks associated with Licensee's use or dependence on such Services, except for gross negligence or intentional misconduct of Licensor or its agents, contractors and employees. (a) Licensor shall make available the following services for Licensee’s use provide general ground maintenance services, trash collection, and general repairs and maintenance to reasonable commercial standard. Licensee shall notify Licensor as soon as possible after Licensee becomes aware of the Equipment Space: (i) Conditioned Equipment Space, maintaining proper levels of temperature and humidity consistent with industry standards for similar conditioned facilities, (ii) AC power as more fully described in the applicable Service Order, (iii) DC power as more fully described in the applicable Service Order, (iv) Fire suppression system, either sprinkler system or other system that conforms to local, state, and federal laws and regulations, (v) UPS or battery backup, as applicable, (vi) Grounding, (vii) Back-up generator power sufficient to power Licensee’s Equipment in the event of an interruption in power. Licensor shall have no liability need for any such interruption repairs or for maintenance, or of any failure of such back-up generator power other than as set forth the foregoing matters that is in the Service Level Objective in Section 9(d) belowneed of correction or attention by Licensor. (b) Installation of Licensor shall provide up to 100 telephone systems and facilities for Licensee’s Equipment shall be performed 's use in accordance the License Area, including telephone set, voice mail with direct dial extensions; and up to 50 concurrent telephone calls through Licensor’s installation policies 's PBX and specificationsinterconnect facilities for networking equipment, all in such amounts and types and according to such specifications as determined by Licensor in its sole discretion. As applicable, Licensee shall supply pay to Licensor (i) an initial set-up fee in the racksamount of $750.00 for the foregoing items; (ii) a fee on a time and material basis (with time being billed at $75 per hour) for any changes to such telephone systems or facilities after the initial set-up; (iii) the monthly charges incurred for toll and long distance calls (including fax transmissions) made by Licensee or from the License Area; and (iv) a basic monthly telephone service charge, cabinets (if applicable)in the amount of $65 per line per month. Licensee shall use one or more of its direct dial extensions as Licensee's main office phone number, fiber, cable and as the equipment that receptionists employed by Licensor will not be expected to take or deliver messages for Licensee except in extenuating circumstances. The initial set-up fee will be installed on waived, since the shelves. For coax cable terminations, and as applicable, all connectors between Licensor requested the Licensee and Licensor shall be compatible with BNC connectors. For fiber terminations, and as applicable, all connectors between Licensee and Licensor shall be standard SC connectors. All Licensee work shall be under the direction and instruction of Licensee’s personnel. Only Licensor may physically perform any interconnection to Licensee’s Equipmentmove. (c) Licensee shall pay be permitted to Licensor utilize Licensor's mail room services for the costs receipt and delivery of labor mail to and materials and other costs incurred from Licensee, provided that correct postage on all outgoing mail must be pre-affixed by Licensor to make the services available to Licensee hereunder, as more fully described in the applicable Service OrderLicensee. (d) Licensor will use commercially reasonable efforts to meet shall provide janitorial services and utilities for the following Service Level Objective: PowerLicense Area. 100% uptime for power specified on service order (as amended, if applicable). In the event this Service Level Objective is not met and both power and back-up power are out at a Facility for one (1) hour or more in any calendar day (“Service Outage”), then (unless such outage is caused by: (i) an act or omission of Licensee or its employee, contractor, affiliate or agent; (ii) a Force Majeure Event; or (iii) the failure of facilities or equipment not owned or operated by Licensor) Licensee shall pay to Licensor an equitable portion of the charges for such services based upon total Building usage. Such amount shall be entitled, if requested in writing payable within thirty ten (3010) days after receipt of the applicable outage, to Performance Liquidated Damages of 1/30 of the monthly Site License Fee an invoice for any such Facility for each separate calendar day in which such outage occurs; provided that the aggregate Service Level Credits in any calendar month shall not exceed 100% of the Site License Fee for such month. In the event that three (3) or more such calendar days occur at the same Facility in any one calendar month, Licensee may upon thirty (30) days written notice to Licensor terminate all Service Orders for Colocation Services applicable to such Facility, provided that such written notice is received no later than the last day of the calendar month following the calendar month in which the three (3) applicable calendar days occurred. THE PARTIES ACKNOWLEDGE THAT THE REMEDIES IN THIS SECTION 9(d) SHALL CONSTITUTE LICENSOR’S PERFORMANCE LIQUIDATED DAMAGES FOR THE SERVICES OFFERED UNDER THIS SUPPLEMENT AND SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF LICENSEE AND THE SOLE AND EXCLUSIVE LIABILITY OF LICENSOR TO LICENSEE FOR THE FAILURE TO PROVIDE SERVICES OR OTHERWISE PERFORM ITS OBLIGATIONS AS RELATED TO THE SERVICES UNDER THIS SUPPLEMENTcosts. (e) Power is sold by Licensor in breakered amounts (e.g. 20 amp breaker). Licensor will offer the power circuit as a single feed (A side power only) or as a single feed with a diverse backup power circuit path (A and B side power, or otherwise referred to as “A&B power”). With the A&B power option, the B side of the circuit will support the same level of power as the A side circuit, however, the B path will be diverse to the A side circuit up to a certain point, such as the breaker, PDU, UPS or other point (the “A&B Merging Point”). The A&B Merging Point will be determined by Licensor in its sole discretion taking into account the facility involved, unless Licensor and Licensee specifically agree in writing on the relevant Service Order otherwise. If Licensee has any questions as to what level of diversity is offered by the B side circuit based on the facility being used, Licensor will provide a written circuit design upon Licensee’s request. Buying power in an A&B power configuration does not increase the amount of power that the Licensee is authorized to use. For example, if Licensor buys a 20 amp circuit with A side power, it may not exceed 20 amps of usage. If Licensor buys a 20 amp circuit with A&B power configuration, it still may not exceed a total of 20 amps of usage over both circuits in the aggregate. Based on the open design of the A&B circuit feeds, power will flow over both circuits. Still, the aggregate usage of the A&B circuit feeds may not exceed the total amps purchased. Licensee understands that if its aggregate usage of the A&B circuit feeds exceeds the total amps purchased, it will be breaching this agreement and it may endanger the power system since any loss of the A or B side at that point would cause both sides to trip their breakers. Licensor shall have no responsibility to Licensee if Licensee exceeds its authorized power level usage on either an A feed or A&B feed power circuit. For any level of power circuit purchased (e.g. 20 amp or 30 amp), Licensee understands and agrees that because the circuit is breakered at that amperage, that any usage above 80% of that amperage (the “Power Draw Limit”) may cause the breaker to trip, thereby causing a power loss. Licensee agrees that the term “Outage” for purposes of power loss shall not include any loss of power which occurs while or because Licensee used power in excess of the Power Draw Limit. For the first known occurrence of Licensee’s power usage exceeding the Power Draw Limit, Licensor may provide notice to Licensee (including, without limitation via email) to decrease the power draw within seventy two (72) hours. In such event, Licensee shall decrease its power usage to below the Power Draw Limit within such seventy two (72) hour period. For the second known occurrence of Licensee’s power usage exceeding the Power Draw Limit (or if Licensee fails to remedy the power overage after the first notice), Licensor may provide notice to decrease the power draw within seventy two (72) hours and may also invoice Licensee for and Licensee will pay a charge of fifty percent (50%) of its then current monthly Recurring Charge on each power circuit that is over the Power Draw Limit. The failure to decrease power usage on each feed to below the Power Draw Limit within such seventy two (72) hours shall constitute an Event of Default. For the third known occurrence of Licensee’s power usage exceeding the Power Draw Limit (or if Licensee has not remedied the first or second known occurrence), Licensor in its sole discretion may (i) provide notice to decrease the power draw and may also invoice Licensee for and Licensee will pay a charge of fifty percent (50%) of its then current monthly Recurring Charge on each power circuit that is over the Power Draw Limit; and/or (ii) if additional power is available, upgrade Licensee’s power to the next higher amp circuit at Licensor’s then current rates. The third known occurrence of Licensee’s power usage exceeding the Power Draw Limit (or if Licensee has not remedied the first or second known occurrence) shall constitute an Event of Default. (f) LICENSOR SHALL HAVE NO DUTY TO MONITOR, MAINTAIN, OR CARE FOR THE EQUIPMENT INSTALLED BY OR FOR LICENSEE UNLESS BY FURTHER SEPARATE WRITTEN AGREEMENT.

SERVICES PROVIDED BY LICENSOR. (a) Licensor shall make available the following services for Licensee’s use of the Equipment Space: (i) Conditioned Equipment Space, maintaining proper levels of temperature and humidity consistent with industry standards for similar conditioned facilities, (ii) AC power as more fully described in the applicable Service Order, (iii) DC power as more fully described in the applicable Service Order, (iv) Fire S m o k e d e t e c t o r s y s t e m , f ire suppression system, either sprinkler system or other system that conforms to local, state, and federal laws and regulations, (v) UPS or battery backup, as applicable, (vi) Grounding, (vii) Back-up generator power sufficient to power Licensee’s Equipment in the event of an interruption in power. Licensor shall have no liability for any such interruption or for any failure of such back-up generator power other than as set forth in the Service Level Objective in Section 9(d) below. (b) Installation of Licensee’s Equipment shall be performed in accordance with Licensor’s installation policies and specifications. As applicable, Licensee shall supply the racks, cabinets (if applicable), fiber, cable and the equipment that will be installed on the shelves. For coax cable terminations, and as applicable, all connectors between Licensee and Licensor shall be compatible with BNC connectors. For fiber terminations, and as applicable, all connectors between Licensee and Licensor shall be standard SC connectors. All Licensee work shall be under the direction and instruction of Licensee’s personnel. Only Licensor may physically perform any interconnection to Licensee’s Equipment. (c) Licensee shall pay to Licensor the costs of labor and materials and other costs incurred by Licensor to make the services available to Licensee hereunder, as more fully described in the applicable Service Order. (d) Licensor will use commercially reasonable efforts to meet the following Service Level Objective: Power. 100% uptime for power specified on service order (as amended, if applicable). In the event this Service Level Objective is not met and both power and back-up power are out at a Facility for one (1) hour or more in any calendar day (“Service Outage”), then (unless such outage is caused by: (i) an act or omission of Licensee or its employee, contractor, affiliate or agent; (ii) a Force Majeure Event; or (iii) the failure of facilities or equipment not owned or operated by Licensor) Licensee shall be entitled, if requested in writing within thirty (30) days of the applicable outage, to Performance Liquidated Damages of 1/30 of the monthly Site License Fee for such Facility for each separate calendar day in which such outage occurs; provided that the aggregate Service Level Credits in any calendar month shall not exceed 100% of the Site License Fee for such month. In the event that three (3) or more such calendar days occur at the same Facility in any one calendar month, Licensee may upon thirty (30) days written notice to Licensor terminate all Service Orders for Colocation Services applicable to such Facility, provided that such written notice is received no later than the last day of the calendar month following the calendar month in which the three (3) applicable calendar days occurred. THE PARTIES ACKNOWLEDGE THAT THE REMEDIES IN THIS SECTION 9(d) SHALL CONSTITUTE LICENSOR’S PERFORMANCE LIQUIDATED DAMAGES FOR THE SERVICES OFFERED UNDER THIS SUPPLEMENT AND SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF LICENSEE AND THE SOLE AND EXCLUSIVE LIABILITY OF LICENSOR TO LICENSEE FOR THE FAILURE TO PROVIDE SERVICES OR OTHERWISE PERFORM ITS OBLIGATIONS AS RELATED TO THE SERVICES UNDER THIS SUPPLEMENT. (e) Power is sold by Licensor in breakered amounts (e.g. 20 amp breaker). Licensor will offer the power circuit as a single feed (A side power only) or as a single feed with a diverse backup power circuit path (A and B side power, or otherwise referred to as “A&B power”). With the A&B power option, the B side of the circuit will support the same level of power as the A side circuit, however, the B path will be diverse to the A side circuit up to a certain point, such as the breaker, PDU, UPS or other point (the “A&B Merging Point”). The A&B Merging Point will be determined by Licensor in its sole discretion taking into account the facility involved, unless Licensor and Licensee specifically agree in writing on the relevant Service Order otherwise. If Licensee has any questions as to what level of diversity is offered by the B side circuit based on the facility being used, Licensor will provide a written circuit design upon Licensee’s request. Buying power in an A&B power configuration does not increase the amount of power that the Licensee is authorized to use. For example, if Licensor buys a 20 amp circuit with A side power, it may not exceed 20 amps of usage. If Licensor buys a 20 amp circuit with A&B power configuration, it still may not exceed a total of 20 amps of usage over both circuits in the aggregate. Based on the open design of the A&B circuit feeds, power will flow over both circuits. Still, the aggregate usage of the A&B circuit feeds may not exceed the total amps purchased. Licensee understands that if its aggregate usage of the A&B circuit feeds exceeds the total amps purchased, it will be breaching this agreement and it may endanger the power system since any loss of the A or B side at that point would cause both sides to trip their breakers. Licensor shall have no responsibility to Licensee if Licensee exceeds its authorized power level usage on either an A feed or A&B feed power circuit. For any level of power circuit purchased (e.g. 20 amp or 30 amp), Licensee understands and agrees that because the circuit is breakered at that amperage, that any usage above 80% of that amperage (the “Power Draw Limit”) may cause the breaker to trip, thereby causing a power loss. Licensee agrees that the term “Outage” for purposes of power loss shall not include any loss of power which occurs while or because Licensee used power in excess of the Power Draw Limit. For the first known occurrence of Licensee’s power usage exceeding the Power Draw Limit, Licensor may provide notice to Licensee (including, without limitation via email) to decrease the power draw within seventy two (72) hours. In such event, Licensee shall decrease its power usage to below the Power Draw Limit within such seventy two (72) hour period. For the second known occurrence of Licensee’s power usage exceeding the Power Draw Limit (or if Licensee fails to remedy the power overage after the first notice), Licensor may provide notice to decrease the power draw within seventy two (72) hours and may also invoice Licensee for and Licensee will pay a charge of fifty percent (50%) of its then current monthly Recurring Charge on each power circuit that is over the Power Draw Limit. The failure to decrease power usage on each feed to below the Power Draw Limit within such seventy two (72) hours shall constitute an Event of Default. For the third known occurrence of Licensee’s power usage exceeding the Power Draw Limit (or if Licensee has not remedied the first or second known occurrence), Licensor in its sole discretion may (i) provide notice to decrease the power draw and may also invoice Licensee for and Licensee will pay a charge of fifty percent (50%) of its then current monthly Recurring Charge on each power circuit that is over the Power Draw Limit; and/or (ii) if additional power is available, upgrade Licensee’s power to the next higher amp circuit at Licensor’s then current rates. The third known occurrence of Licensee’s power usage exceeding the Power Draw Limit (or if Licensee has not remedied the first or second known occurrence) shall constitute an Event of Default. (f) LICENSOR SHALL HAVE NO DUTY TO MONITOR, MAINTAIN, OR CARE FOR THE EQUIPMENT INSTALLED BY OR FOR LICENSEE UNLESS BY FURTHER SEPARATE WRITTEN AGREEMENT.