TELEPHONY COLOCATION
TERMS AND CONDITIONS
The following Terms and Conditions shall be applicable to Customer's use of space [portion deleted - included in fully
licensed version]R facilities used for the purpose of collocating telecommu[portion deleted - included in fully
licensed version]ment (the "Space") ordered by Customer under any
Customer Order.
1. Upon execution and performance of Customer's obligations under a Cu[portion deleted - included in fully
licensed version]Order for use of Space, Customer shall be granted the r[portion deleted - included in fully
licensed version]cupy the Space identified therein. Customer may submit multiple Customer Orders requesting use of different Space, each of which shall be governed by the terms hereof.
2. Customer shall be permitted to use the Space only for placement and m[portion deleted - included in fully
licensed version]ce of communications equipment which shall be interconn[portion deleted - included in fully
licensed version]network services offered by PROVIDER. Customer may use[portion deleted - included in fully
licensed version] to cross connect to the facilities of other [portion deleted - included in fully
licensed version]s if and only if PROVIDER cannot or will not provide [portion deleted - included in fully
licensed version]to Customer on commercially reasonable terms. The [portion deleted - included in fully
licensed version]nthly recurring charges for the Space and any Services [portion deleted - included in fully
licensed version]tomer shall be set forth in each Customer Order.
3. During the term for use of the Space set forth in each Customer O[portion deleted - included in fully
licensed version]er shall commit to use, order and pay for PROVIDER net[portion deleted - included in fully
licensed version]ications services (not including monthly recurring fees [portion deleted - included in fully
licensed version] the use of the Space) with monthly recurring charges of[portion deleted - included in fully
licensed version]_______ for each cabinet ($________ for each half [portion deleted - included in fully
licensed version]e ordered by Customer. Customer shall achieve the [portion deleted - included in fully
licensed version]l no later than six (6) months after submission and ac[portion deleted - included in fully
licensed version]each Customer Order. PROVIDER may terminate use of the[portion deleted - included in fully
licensed version]event that Customer does not satisfy this minimum [portion deleted - included in fully
licensed version]ent.
4. PROVIDER shall perform such janitorial services, environme[portion deleted - included in fully
licensed version]enance, power plant maintenance and other actions as are re[portion deleted - included in fully
licensed version]required to maintain the facility in which the Space is [portion deleted - included in fully
licensed version]good condition which is suitable for the placement of [portion deleted - included in fully
licensed version] equipment. Customer shall maintain the Space in orderly [portion deleted - included in fully
licensed version]ition, and shall return the Space to PROVIDER at the[portion deleted - included in fully
licensed version]he term set forth in the Customer Order in the same [portion deleted - included in fully
licensed version]ble wear and tear excepted) as when such Space was delivered [portion deleted - included in fully
licensed version]mer. EXCEPT AS EXPRESSLY STATED HEREIN OR IN ANY C[portion deleted - included in fully
licensed version], THE SPACE SHALL BE DELIVERED AND ACCEPTED "AS IS" BY CU[portion deleted - included in fully
licensed version] NO REPRESENTATION HAS BEEN MADE BY PROVIDER AS TO THE [portion deleted - included in fully
licensed version] SPACE FOR CUSTOMER'S INTENDED PURPOSE.
5. The term of use of the Space shall begin on the later to [portion deleted - included in fully
licensed version] requested by Customer or the date that PROVIDER comp[portion deleted - included in fully
licensed version]ild-out of the Space. Customer's use of the Space beyon[portion deleted - included in fully
licensed version]al term shall be on a month-to-month basis, unless Cus[portion deleted - included in fully
licensed version]VIDER have agreed in writing to a renewal of the rig[portion deleted - included in fully
licensed version]such Space.
6. PROVIDER shall use reasonable efforts to complete the build-[portion deleted - included in fully licensed version]
7. Customer shall abide by any posted or otherwise communicated r[portion deleted - included in fully licensed version]o use of, access to, or security measures respecting th[portion deleted - included in fully licensed version]he event that unauthorized parties gain access to [portion deleted - included in fully licensed version]gh access cards, keys or other access devices prov[portion deleted - included in fully licensed version]
8. Customer shall pay all monthly recurring fees, cross-connect f[portion deleted - included in fully licensed version]arges and nonrecurring fees specified in each Customer O[portion deleted - included in fully licensed version] the agreed term thereof. In the event that Customer term[portion deleted - included in fully licensed version]
A. ______% of the monthly recurring fees that would have been cha[portion deleted - included in fully
licensed version]r the Space for months [portion deleted - included in fully
licensed version]greed term; plus
B. ______% of the monthly recurring fees that [portion deleted - included in fully
licensed version]or the Space for months 13-24 of the agreed term; plus
C. ______% of the monthly recurring fees that would[portion deleted - included in fully licensed version]
9. PROVIDER reserves the right to change the location or [portion deleted - included in fully
licensed version]e Space, provided, however, that PROVIDER shall not a[portion deleted - included in fully
licensed version]discriminatorily require such changes. PROVIDER [portion deleted - included in fully
licensed version] work in good faith to minimize any disruption in [portion deleted - included in fully
licensed version]es that may be caused by such changes in location or[portion deleted - included in fully
licensed version] of the Space.
10. Prior to occupancy and during the term of use of any Space, [portion deleted - included in fully
licensed version] procure and maintain the following minimum insurance[portion deleted - included in fully
licensed version]) Workers' Compensation in compliance with all applica[portion deleted - included in fully
licensed version]s of appropriate jurisdiction. Employer's Liability [portion deleted - included in fully
licensed version] $______each accident; (b) Commercial General Liabil[portion deleted - included in fully
licensed version]ined single limits of $______each occurrence; a[portion deleted - included in fully
licensed version] Property insurance covering all of Customer's perso[portion deleted - included in fully
licensed version]y located in the Space. Customer's Commercial General Lia[portion deleted - included in fully
licensed version]y shall be endorsed to show PROVIDER (and any und[portion deleted - included in fully
licensed version]perty owner, as requested by PROVIDER) as an additio[portion deleted - included in fully
licensed version] All policies shall provide that Customer's insurers wai[portion deleted - included in fully
licensed version]hts of subrogation against PROVIDER. Customer shall furnish PR[portion deleted - included in fully
licensed version]R with certificates of insurance demonstrating that C[portion deleted - included in fully
licensed version]as obtained the required insurance coverages prio[portion deleted - included in fully
licensed version]pancy of the Space. Such certificates shall contain[portion deleted - included in fully
licensed version]tement that the insurance coverage shall not be material[portion deleted - included in fully
licensed version] or cancelled without at least thirty (30) days' prior [portion deleted - included in fully
licensed version]ice to PROVIDER. Customer shall require any contractor e[portion deleted - included in fully
licensed version]e Space on its behalf to procure and maintain the same[portion deleted - included in fully
licensed version]ounts and coverage extensions as required of Customer above.
11. The liability of PROVIDER for damages arising out of the fu[portion deleted - included in fully licensed version] Space, including but not limited to mistakes, omission[portion deleted - included in fully licensed version]ions, delays, tortious conduct or errors, or other defect[portion deleted - included in fully licensed version]ing out of the failure to furnish Space, whether caused[portion deleted - included in fully licensed version]commission or omission, shall be limited to a prorat[portion deleted - included in fully licensed version] the charges paid by Customer for the use of the Sp[portion deleted - included in fully licensed version]
12. Customer shall abide by any posted or otherwise communicated [portion deleted - included in fully
licensed version] to use of, access to, or security measures respecting[portion deleted - included in fully
licensed version] the event that unauthorized parties gain access to the S[portion deleted - included in fully
licensed version]h access cards, keys or other access devices provided to[portion deleted - included in fully
licensed version]stomer shall be responsible for any damages incurre[portion deleted - included in fully
licensed version] thereof. Customer shall be responsible for the cost of re[portion deleted - included in fully
licensed version]y security devices lost or stolen after delivery thereof[portion deleted - included in fully
licensed version]er. In addition, PROVIDER shall have the right to termin[portion deleted - included in fully
licensed version]mer's use of the Space or the Services in the event that[portion deleted - included in fully
licensed version]DER's rights to use the facility within which th[portion deleted - included in fully
licensed version]ated terminates or expires for any reason; (b) Customer h[portion deleted - included in fully
licensed version]d the terms hereof or of any Customer Order submitted hereun[portion deleted - included in fully
licensed version]) Customer makes any material alterations to the Spac[portion deleted - included in fully
licensed version]t obtaining the written consent of PROVIDER; (d) Custo[portion deleted - included in fully
licensed version]s personnel or contractors to enter the Space who have no[portion deleted - included in fully
licensed version]oved by PROVIDER in advance; or (e) Customer violate[portion deleted - included in fully
licensed version]or otherwise communicated rules relating to use of or acc[portion deleted - included in fully
licensed version]e Space. PROVIDER shall use reasonable efforts to notify[portion deleted - included in fully
licensed version]any events that may result in termination of the use of [portion deleted - included in fully
licensed version] or delivery of Services.
13. PROVIDER reserves the right to change the location or configuration [portion deleted - included in fully
licensed version]ace, provided, however, that PROVIDER shall not arbitraril[portion deleted - included in fully
licensed version]iscriminatorily require such changes. PROVIDER and Customer[portion deleted - included in fully
licensed version]ork in good faith to minimize any disruption in Customer'[portion deleted - included in fully
licensed version] that may be caused by such changes in location or configu[portion deleted - included in fully
licensed version]on of the Space.
14. PROVIDER provides only access to the Internet; PROVIDER does not operate[portion deleted - included in fully
licensed version]ontrol the information, services, opinions or other conten[portion deleted - included in fully
licensed version]e Internet. Customer agrees that it shall make no claim whatso[portion deleted - included in fully
licensed version]gainst PROVIDER relating to the content of the Internet or resp[portion deleted - included in fully
licensed version] any information, product, service or software orde[portion deleted - included in fully
licensed version]h or provided by virtue of the Internet.
15. Prior to occupancy and during the term of use of any Space, Customer s[portion deleted - included in fully licensed version]ocure and maintain the following minimum insurance coverag[portion deleted - included in fully licensed version]rkers' Compensation in compliance with all applicable st[portion deleted - included in fully licensed version]
16. The liability of PROVIDER for damages arising out of the fur[portion deleted - included in fully licensed version]