By its Agreements, vXchnge grants Customer access to and the right to use the identified space and facilities to accommodate their equipment. These Agreements do not grant to the Customer or its customers or any other third parties any real property or leasehold interest in the space or the remaining portions of the vXchnge facility. Customers in a direct contractual relationship with vXchnge are required to assume responsibility for loss or damage caused to the space or the facility by their employees or representatives. Additional consent
documentation may be required where Customer’s customers are to be granted access to the Customer space. Therefore, vXchnge requires that Customer not bring into those facilities or install, racks or other distribution infrastructure without vXchnge’s prior knowledge and approval.
Similarly, vXchnge does not allow Customer to perform any unapproved construction or modifications to any vXchnge facility. This generally includes the erection of any signs, devices or fixtures or any alterations, additions or other modifications. In order to maintain the proper configuration and operation of each facility, vXchnge must oversee any approved special installation or construction.
vXchnge requires that Customer keep the area in which their equipment is located in good order and dispose of all non-hazardous waste in trash receptacles. Hazardous substances and waste are specifically prohibited in all vXchnge facilities, and Customer is not allowed to generate, store or dispose of any hazardous substances at any vXchnge site. Should a customer release any hazardous substance in or around the vXchnge Premises, the customer is required to notify vXchnge promptly and will be responsible for any removal or clean up.
vXchnge and its Customer recognize that each vXchnge site is a shared environment used by many different Customers and networks. As such, a customer may not itself, or authorize or permit others to, create a nuisance, interference or hazard within the vXchnge facility. Customers are not permitted to access or make use of unassigned Data Center spaces, such as vacant cabinets or cages, for any purpose without written consent from vXchnge. In the event that vXchnge identifies any such nuisance, hazard or other interference or service obstruction, the offending customer must take immediate steps to eliminate the problem, understanding that vXchnge reserves the right to disconnect any equipment should a solution not be found in a reasonable time.
In order to maximize the efficient use of each of its facilities, vXchnge determines where in the facility each customer’s equipment will be located and (although such occurrences are extremely rare) may need to have certain equipment relocated to comparable space within a given site. Whenever such moves are deemed necessary, vXchnge will provide notice as far in advance as is reasonably possible (with a goal of at least 30 days) and will work in good faith with the affected Customer to minimize any service disruptions. In the unlikely event of an emergency or hazard, vXchnge will take whatever steps are necessary to address the problem, including the relocation of equipment, and will provide notice to the affected Customer as soon as possible thereafter. vXchnge will be responsible for the physical move and costs related to relocating the equipment except where the relocation was caused by the customer. vXchnge will invoice Customer for such moves in the event that they are due to the customer’s breach of the Agreement.