(26)
Costs of repairing or restoring any portion of the Building damaged or
destroyed (a) as a result of condemnation or (b) by an casualty or peril,
whether insured, uninsured or uninsurable, the amount of any insurance
deductible and any item covered under warranty; and
(27)
Costs of any work or service performed for any facility other than the
Building.
43
CONFIDENTIAL MATERIAL HAS BEEN OMMITTED AND FILED SEPARATELY WITH THE SECURITIES
AND EXCHANGE COMMISION. BOXES AND ASTERIXES DENOTE SUCH OMISSION
EXHIBIT "I"
LANDLORD'S INSTALLATIONS; DESCRIPTION OF DATACENTER-SPECIFIC INFRASTRUCTURE
DATACENTER-A
Landlord shall cause the following to be installed for Datacenter-A:
(collectively, "Landlord's Installations (A)"; from and after Commencement Date
(A) such items shall also be referred to herein as "Infrastructure (A)")
a.[*****]
DATACENTER-A AND DATACENTER-B (SHARED)
Also, as part of Landlord's Installations (A), Landlord shall cause the
installation of the 1215-1232 Conduits. Notwithstanding anything to the contrary
contained herein, the 1215-1232 Conduits shall be deemed (a) to be part of
Infrastructure (A) during the Datacenter-A Period; and (b) to also be part of
Infrastructure (B) during the Datacenter-B Period. For the avoidance of doubt,
in the event that Tenant extends the Term of this Lease with regard to one
Tenant Space, but not the other, the 1215-1232 Conduits shall, during the
extended Term, be deemed to exclusively be part of the Infrastructure for the
Tenant Space for which the Term was extended.
EXHIBIT "I-1"
SPECIFICATIONS FOR DATACENTER-A AND DATACENTER-B PRIMARY AND REDUNDANT
GENERATORS
[*****]
EXHIBIT "I-2"
DEPICTION OF THE PROPOSED APPROXIMATE LOCATIONS OF INFRASTRUCTURE (A)
[*****]
EXHIBIT "J"
FORM OF COMMISSIONING COMPLETE LETTER
[attached]
[*****]
44
CONFIDENTIAL MATERIAL HAS BEEN OMMITTED AND FILED SEPARATELY WITH THE SECURITIES
AND EXCHANGE COMMISION. BOXES AND ASTERIXES DENOTE SUCH OMISSION
EXHIBIT "K"
FORM OF GUARANTY
[attached]
Guaranty
THIS GUARANTY is made as of December 29, 2011, by RACKSPACE HOSTING, INC., a
Delaware corporation, having an address at 5000 Walzem Road, San Antonio, Texas
78218 ("Guarantor"), to COLLINS TECHNOLOGY PARK PARTNERS, LLC, a Delaware
limited liability company ("Landlord"), having an address at c/o Digital Realty
Trust, L.P., 2323 Bryan Street, Suite 100, Dallas, Texas 75201.
WHEREAS, Landlord has leased to Rackspace US, Inc., a Delaware corporation
("Tenant"), certain space (the "Tenant Space") in a data center facility located
at 1215 Datacenter Park Boulevard, Richardson, Texas, pursuant to that certain
Data Center Lease by and between Landlord and Tenant dated as of December 29,
2011 (the "Lease");
WHEREAS, Guarantor is materially benefited by the Lease, and Guarantor's
executing this Guaranty is a material inducement to Landlord to enter into the
Lease.
NOW THEREFORE, in consideration of the premises, and of other good and valuable
consideration the receipt and sufficiency of which are hereby acknowledged,
Guarantor agrees with Landlord as follows:
1.
Guarantor unconditionally and irrevocably guarantees to Landlord that all
sums stated in the Lease to be payable by Tenant shall be promptly paid in full
when due in accordance with the Lease and that all covenants and obligations to
be performed by Tenant