Co-Location Agreement Template

A variety of optional elements appear in this model, and among the most important are those that deal with the repair and maintenance of the customer`s equipment. Depending on the options chosen, this is either the responsibility of the customer or the provider. Options should be selected with caution. This co-location agreement is designed for use by companies that provide co-location facilities – Rack and/or unit space licensing for business customers` own IT, network and/or telecommunications equipment and providing them with power, security, maintenance and access to telecommunications. has. Customer`s equipment. Subject to the terms of this Agreement, as of the Requested Service Date specified in the Service Order Form and subject to IEVOLVE`s approval, IEVOLVE agrees to allow Customer to place certain Equipment not provided to Customer by IEVOLVE (the „Customer Equipment“) in the Colocation Space at 501 John James Audubon Parkway. Amherst, New York 14228 (the „Premises“). The Customer`s right to occupy the Co-Location area begins on the requested service date indicated on the Service Order Form or on the date on which IEVOLVE completes the expansion of the Premises, whichever is later. The rights granted under this Section 1(a) are subject to the terms of any underlying lease or other overriding right by which IEVOLVE has acquired its interest in the Premises.

The Customer agrees that this Agreement does not grant him any ownership rights over the Premises. However, in the event that this Contract is drafted by an IEVOLVE Lessor in order to grant ownership rights to a Building, the Customer undertakes either to obtain the consent of the IEVOLVE Lessor to this Contract and, where applicable, to conclude a Contract approved by the IEVOLVE Lessor or, at the request of IEVOLVE, to immediately remove its Customer Equipment from the Premises. The Customer is responsible for the payment of any fees or charges invoiced by the Lessor IEVOLVE as a condition of granting his consent. g. Assignment. This Agreement and the rights and obligations arising from this Agreement may not be assigned or otherwise transferred by the Customer without the prior written consent of IEVOLVE. A transfer or assignment of this Agreement includes the sale of all or substantially all of the Customer`s assets or a change of control over the Customer. This Agreement benefits and binds the parties and their respective successors and permitted assigns. The most important provisions of this comprehensive document concern the co-location services themselves, the maintenance and repair of the customer`s hosted equipment, optional ancillary services and the customer`s obligations.

Important variables of the model, such as the exact type of colocation services, details of the customer`s equipment, details of the service provider`s facilities, and fees to be paid for colocation services, are conveniently placed in a number of schedules at the end of the agreement. These should be filled in carefully and contain as much detail as possible. 10. Indemnification. p. Entire Agreement; amendments; Securities. This Agreement, including the Service Order Form and the related Annex, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous written or contractual parties that comply with the subject matter of this Agreement. This Agreement may only be modified by a written document duly signed by both parties.

The section headings in this Agreement are inserted solely for convenience and may not be used to interpret this Agreement. d. Taxes. IEVOLVE may charge and pay to the Customer all taxes, fees or assessments and other fees imposed on IEVOLVE or to be levied by a government agency that may arise from this Agreement or any of the activities provided for herein. Customer is also responsible for the payment of any taxes, fees or assessments and other fees imposed on Customer by any government agency that may result from this Agreement or any of the activities provided herein. .