Tools / Contract library / Power: the commitment, the pass-through and the threshold
Contract library · Colocation and hosting
Power: the commitment, the pass-through and the threshold
How much power is the provider committed to, and who pays for it?
In a colocation contract for GPUs the customer buys power capacity, not floor space. The Vernon service order commits a fixed block of critical load power, charges for it per kW per month with a capped ramp in the first year, and passes the utility bill through at cost. Drawing more than the contracted threshold lets the provider cut circuits. Enovum’s customer pays the utility’s minimum usage charge whatever it uses.
Randeep Bubbra | Lawyer | Making the next generation of infrastructure financeable · Firm profile ·
What the filed contracts say
Contract
What the filed wording says
Vernon service order
The provider supplies critical load power up to a contracted threshold per hall, subject to the utility’s rules.
Vernon service order
For the first twelve months the base charge is capped at a monthly maximum that ramps up, and anything above it is abated.
Vernon service order
Electricity is billed as the customer’s metered share of the utility bill, at cost, with no profit for the provider.
Vernon colocation MCSA
If the customer draws more than the threshold and does not cut back within 24 hours of notice, the provider may disconnect circuits.
Enovum / Nscale MSA
The customer pays the utility’s minimum usage charge, whatever it actually uses.
Enovum / Nscale MSA
On 2N service the combined A and B load may not exceed 100% of the circuit capacity.
The filed wording
Supplier shall furnish electricity as Critical Load Power to the UPS/s and PDUs serving each applicable portion of the Colocation Space up to the “Electrical Power Threshold” specified in and otherwise in accordance with the specifications set forth in Paragraph 1 of Part I of Schedule “D”. The obligation of Supplier to so provide electricity shall be subject to the rules and regulations of the supplier of such electricity and of any governmental authorities regulating providers of electricity and shall be limited to providing the Electrical Power Threshold (for each applicable portion of the Collocation Space) specified in Paragraph 1 of Part I of Schedule “D”.
Each extract is quoted from the contract as filed with the SEC, checked against the filed text when it was added; “…” marks words left out. Filers redact commercial terms, so a [***] or [*] is the filer's, not ours. The summaries describe the wording, not how a court would read it, and each contract's defined terms and other clauses can change the effect. General information drawn from public filings. It is not legal advice on any transaction, and using this page does not create a lawyer-client relationship. Views are personal.
InfraCompute Weekly
The week in compute finance, read from the filings.
Deals, terms and the clauses behind them, for the people financing data centres, GPU clouds and the power behind them. By Randeep Bubbra.