by Lessee, the 5A Expansion Date would be deemed to be October 1, 2016).
The foregoing notwithstanding, Lessor and Lessee agree that Lessor's post-5A
Expansion Date obligations hereunder shall, in such event, be deemed to have
commenced as of the actual date that the 5A Expansion Date Notice is delivered
to Lessee.
E.
5A Installation Fee. In connection with the 5A Lessor Work (excluding, for
purposes of this Section 2.E, the Electrical Work, as defined on Exhibit
"B-5A"), Lessee hereby agrees to pay Lessor, as additional rent, an amount equal
to $[***] within ten (10) days following the 5A Effective Date.
3.
5A Pathway. Commencing on the 5A Expansion Date and continuing until the
earlier to occur of (a) the expiration or earlier termination of the 5A Term,
and (b) the expiration or earlier termination of the Term of the Lease as it
relates to the Total Colo 3 Premises, Lessor grants to Lessee a license to use
the 5A Pathway (as defined on Exhibit "B-5A"). Lessor and Lessee agree that
Lessee's use of the 5A Pathway shall be subject to the terms of the Lease
(including, without limitation, Item 13 of the Basic Lease Terms (as amended by
3A) and Section 6.6 of the Lease). Lessee agrees that Lessee shall be deemed to
have accepted the 5A Pathway in its "AS IS, WHERE IS" condition on the 5A
Expansion Date.
4.
5A Basic Capacity.
A.
Currently, the Basic Capacity serving the Original Premises is [***] kW of
critical AC electrical capacity. Effective as of the 5A Expansion Date, the
Basic Capacity for the
[***]
Information has been omitted and submitted separately to the Securities and
Exchange Commission. Confidential treatment has been requested with respect to
the omitted portions.
-3-
5A Additional Premises shall be [***]kW of critical AC electrical capacity.
Accordingly, effective as of the 5A Expansion Date and notwithstanding anything
in the Lease to the contrary, the Basic Capacity serving the Premises (as
expanded herein) shall be as follows: (i) as it relates to the Existing Colo 3
Premises, at a maximum level of [***]kW of critical AC electrical capacity (the
"Existing Colo 3 Basic Capacity"), (ii) as it relates to the 2A Additional
Premises, at a maximum level of [***]kW of critical AC electrical capacity (the
"2A Basic Capacity"), (iii) as it relates to the 4A Additional Premises, at a
maximum level of [***]kW of critical AC electrical capacity (the "4A Basic
Capacity"), and (iv) as it relates to the 5A Additional Premises, at a maximum
level of [***]kW of critical AC electrical capacity (the "5A Basic Capacity").
For the avoidance of doubt, Lessor and Lessee acknowledge and agree that all
references to "Basic Capacity" under the Lease shall mean and refer to (a) the
Colo 3 Basic Capacity, as it relates to the Existing Colo 3 Premises, (b) the 2A
Basic Capacity, as it relates to the 2A Additional Premises, (c) the 4A Basic
Capacity, as it relates to the 4A Additional Premises, and (d)