19-160 Service Order #2 dated 12-9-22Service Order:Q-50716-1
Service Order Expiration:12/31/2022
Service Order
Company Name: City of Cupertino
Billing Account Number: 720789
Initial Service Term: 12
Data Center: PHX1
Billing Address
Street: 10300 Torre Avenue
City, State, Zip: Cupertino, CA 95014
Primary Contact
Name: Benny Hsieh
Email: bennyh@cupertino.org
Phone:
Billing Contact
Name: Cupertino City Hall
Email: bennyh@cupertino.org
Phone: 408.777.3200
Quote Summary
Term: 12 Months
Category MRC NRC
New USD 521.46 USD 0.00
Existing USD 506.27 USD 0.00
Delta USD 15.19 USD 0.00
This Service Order and the services to be provided hereunder (the “Services”) are governed by the applicable service
agreement(s) located at https://www.cyxtera.com/legal/product-and-service-terms-and-conditions; provided, that, if the
undersigned Customer entity (“Customer”) or its affiliate and the undersigned Cyxtera entity (“Cyxtera”) or its affiliate
(other than Cyxtera Federal Group, Inc.) have executed a governing service agreement(s) with respect to the same
category of services set forth herein (e.g., colocation or CXD), the portion of this Service Order relating to such category
of services shall instead be governed by such executed agreement(s) (as applicable, the “Agreement”). In the event such
executed agreement(s) is executed by an affiliate of Customer or Cyxtera (other than Cyxtera Federal Group, Inc.), then
such agreement(s) shall apply to this Service Order or the portion thereof, as applicable, as if Customer or Cyxtera, as
applicable, was a party thereto in lieu of the affiliate of Customer or Cyxtera, as applicable. This Service Order shall not
be binding until it has been fully executed by both parties.
Cyxtera Communications, LLC City of Cupertino
Name: Name:
Title: Title:
Date: Date:
Cyxtera Confidential Information
Page 1 of 2
December 9, 2022
CTO
Bill Mitchell
December 9, 2022
Eduardo J. Saenz
Commercial Services Manager
Service Order:Q-50716-1
Service Order Expiration:12/31/2022
CHARGES
TYPE QTY DESCRIPTION PRODUCT
TYPE
NEW EXISTING DELTA
Change 1.00 Secure Cabinet (2kW)
SID: 1307647
Quantity: 1.00
Recurring USD 521.46 USD 506.27 USD 15.19
No
Change
1.00 Redundant Power Circuit
(208v,30A,SP) - setup
SID: 1307649
Quantity: 1.00
One-Time USD 0.00 USD 0.00 USD 0.00
Additional Terms
Annual Escalator:
At any time after the 12-month anniversary of the initial BCD of a Service in a colocation environment, but no more than
once per calendar year, Cyxtera may increase the MRCs for the Services in such colocation environment in an amount
not to exceed 5.0%.
Power Pass Through:
Cyxtera may increase the rates for Customer’s Services to pass through increases in utility and power costs attributable
to such Service(s) (e.g., power allocation or metered power). For the avoidance of doubt, such pass through shall be at no
additional markup and will not include any allocation of increases in facility costs.
Effective Date:
This Service Order shall be effective as of 12/1/2022 (the “Effective Date”). For the avoidance of doubt, in no event shall
the Initial Service Term of an individual Service set forth herein begin earlier than the BCD for such Service. In the event
any changes (e.g., additions, deletions, modifications, changes in pricing) are made to the Services in this colocation
environment prior to the Effective Date of this Service Order, notwithstanding anything in the Agreement to the contrary,
this Service Order shall automatically be deemed amended to reflect such changes.
Renewal:
This Service Order replaces any existing service order relating to this colocation environment, subject to the remainder
of this paragraph. Service orders may not always reflect all cross connects. To the extent Customer has cross connects
not listed herein (whether or not listed on a prior service order), they shall be governed by the terms previously agreed by
Customer.
Committed Electrical Capacity for Cabinets:
In no event shall Customer use more power than the total amount of power purchased by Customer for a single cabinet.
In the event Customer’s peak power usage in a single cabinet during a calendar month is greater than the power
purchased for such cabinet, Cyxtera reserves the right to charge a fee equal to the power overage multiplied by 150%
of Customer’s then-current MRC for power in the same cabinet (the “Overage Charge”). For purposes of this provision,
peak usage is the highest total kW used by Customer at any point during the month across all power circuits in a single
cabinet. As an alternative to paying the Overage Charge, Customer may execute a Service Order increasing the power for
such cabinet. The Service Term for such Service Order shall be (i) retroactive to the beginning of the month in which the
overage occurred, and (ii) coterminous with the Service Term of its underlying cabinet environment.
Cyxtera Confidential Information
Page 2 of 2