that were solely and
exclusively initiated by or on behalf of Customer in connection with identifying
data center space in the ordinary course of Customer's business; and
(ii) Customer was not at any point solicited by Lessor or any person acting on
behalf of Lessor, directly or indirectly, in connection with the negotiation or
entering into of this Agreement.
4.2 By Lessor; Disclaimer of Warranties.
(a) Customer Area; Related Data Center Services. Lessor represents and warrants
that as of the Commencement Date it has the legal right and authority, and will
continue to maintain the legal right and authority during the Term, to grant to
Customer a lease for the use by Customer of the Customer Area for the purposes
described hereunder and provide the Related Data Center Services to Customer as
contemplated by this Agreement. Lessor shall comply with Law in its provision of
the Related Data Center Services.
(b) Service Level Agreement. Lessor represents and warrants that it will provide
the Related Data Center Services in accordance with the applicable service
levels set forth in Attachment D attached hereto (the "SLA"). IN THE EVENT OF A
BREACH OF THE SLA, CUSTOMER'S SOLE AND EXCLUSIVE REMEDY, AND LESSOR'S SOLE AND
EXCLUSIVE LIABILITY, SHALL BE FOR LESSOR TO PROVIDE CUSTOMER THE APPLICABLE
SERVICE LEVEL CREDIT(S) SET FORTH IN ATTACHMENT D.
(c) DISCLAIMER OF WARRANTIES. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN
SUBSECTIONS (a) AND (b) ABOVE, ALL SERVICES PERFORMED AND SPACE MADE AVAILABLE
BY LESSOR TO CUSTOMER HEREUNDER ARE PERFORMED, PROVIDED AND MADE AVAILABLE ON AN
"AS IS" BASIS WITH NO WARRANTIES OF ANY KIND, AND CUSTOMER'S USE THEREOF IS AT
CUSTOMER'S SOLE AND EXCLUSIVE RISK. LESSOR DOES NOT MAKE, AND HEREBY EXPRESSLY
DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TENANTABILITY, HABITABILITY, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES
ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, LESSOR DOES NOT WARRANT THAT THE DATA CENTER
SERVICES PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY
SECURE.
4.3 Brokers. Both Lessor and Customer represent that they have dealt with no
other broker than as set forth in Attachment A in connection with the
negotiation, execution and delivery of this Agreement (the "Broker"). If any
person other than the Broker shall assert a claim to a finder's fee, brokerage
commission or other compensation on account of alleged employment as finder or
broker or performance of services as a finder or broker in connection with this
transaction, the party through whom the finder or broker is claiming shall
indemnify and hold the other party harmless from and against any such claim and
all costs, expenses and liabilities incurred in connection with such claim or
any action or proceeding brought thereon, including but not limited to
attorneys' fees and court costs in defending such claim
5. LIMITATIONS OF LIABILITY.
5.1 Disclaimer of Liability.
(a) IN NO EVENT SHALL LESSOR BE LIABLE