Additional Recovery Rights. Distributor agrees that upon expiration or termination for any reason: (a) Dell may seek a court order to enforce Dell’s right to recover the APEX System from the Site and Distributor agrees to reasonably cooperate with Dell to enforce Dell’s rights with Reseller and/or Customer under any such court order; and (b) Dell is entitled to recover from Distributor the reasonable attorney fees resulting from this enforcement action. Distributor is liable for any return costs and shall reimburse Dell for the reasonable value of the APEX System (or any part thereof) that is not returned or is returned in a condition that evidences damage in excess of reasonable wear and tear.
Appears in 16 contracts
Samples: Distributor Agreement, Distributor Agreement, Distributor Agreement
Additional Recovery Rights. Distributor agrees You agree that upon expiration or termination for any reason: (a) Dell may seek a court order to enforce Dell’s right to recover the APEX System from the Site, or Colocation Site and Distributor agrees you agree to reasonably cooperate with Dell to enforce Dell’s rights with Reseller and/or Customer under any such court order; and (b) Dell is entitled to recover from Distributor You the reasonable attorney fees resulting from this enforcement action. Distributor is You are liable for any return costs and shall reimburse Dell for the reasonable value of the APEX System (or any part thereof) that is not returned or is returned in a condition that evidences damage in excess of reasonable wear and tear.
Appears in 14 contracts
Samples: Distributor Agreement, Distributor Agreement, Distributor Agreement
Additional Recovery Rights. Distributor agrees that upon expiration or termination for any reason: (a) Dell may seek a court order to enforce Dell’s right to recover the APEX System from the Site and Distributor agrees to reasonably cooperate with Dell to enforce Dell’s rights with Reseller and/or Customer under any such court order; and (b) Dell Xxxx is entitled to recover from Distributor the reasonable attorney fees resulting from this enforcement action. Distributor is liable for any return costs and shall reimburse Dell for the reasonable value of the APEX System (or any part thereof) that is not returned or is returned in a condition that evidences damage in excess of reasonable wear and tear.
Appears in 4 contracts
Samples: Distributor Agreement, Distributor Agreement, Distributor Agreement