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This Colocation Agreement template is designed for use in the German market when a business needs to house its IT infrastructure in a professional data center facility. The agreement covers the provision of secured space, power, cooling, and related services, incorporating requirements under German law including the Bundesdatenschutzgesetz (BDSG), Telekommunikationsgesetz (TKG), and relevant commercial regulations. It's particularly relevant for businesses seeking to outsource their data center operations while maintaining control over their IT equipment. The document addresses critical aspects such as service levels, security protocols, access procedures, and technical specifications, while ensuring compliance with German regulatory requirements for data protection and telecommunications infrastructure.

1. Parties: Identification of the colocation provider and customer, including full legal names and addresses

2. Background: Context of the agreement and brief description of the services to be provided

3. Definitions: Definitions of technical terms, service-related terminology, and other key concepts used in the agreement

4. Services: Detailed description of colocation services, including space, power, cooling, and basic infrastructure

5. Service Levels: Specific service level commitments, including availability, power supply, cooling, and response times

6. Customer Equipment: Provisions regarding installation, maintenance, and removal of customer equipment

7. Access and Security: Rules and procedures for accessing the facility, security protocols, and visitor policies

8. Fees and Payment: Pricing structure, payment terms, and procedures for fee adjustments

9. Term and Termination: Duration of the agreement, renewal options, and termination rights

10. Maintenance: Scheduled maintenance procedures and notifications for both provider and customer

11. Compliance and Data Protection: Obligations regarding legal compliance, particularly data protection and security regulations

12. Liability and Insurance: Limitation of liability, indemnification provisions, and insurance requirements

13. Force Majeure: Provisions for handling events beyond reasonable control

14. General Provisions: Standard legal clauses including notices, assignment, and governing law