Assignment-Notices. Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Exodus, except that Customer may assign this Agreement in whole as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets. Any attempted assignment or delegation without such consent will be void. Exodus may assign this Agreement in whole or part. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party indicated on the signature page hereof, or at such other address as may hereafter be furnished in writing by either party hereto to the other. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier.
Appears in 8 contracts
Samples: Internet Data Center Services Agreement (2themart Com Inc), Internet Data Center Services Agreement (Redenvelope Inc), Internet Data Center Services Agreement (Browsesafe Com Inc)
Assignment-Notices. Customer Subscriber may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of ExodusNetgateway, except that Customer Subscriber may assign this Agreement in whole as part of a corporate reorganization, consolidation, merger, merger or sale of substantially all of its assets. Any attempted assignment or delegation without such consent will be void. Exodus Netgateway may assign this Agreement in whole or part. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party indicated on the signature page hereof, or at such other address as may hereafter be furnished in writing by either party hereto to the other. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier.
Appears in 6 contracts
Samples: Electronic Commerce Services Agreement (Netgateway Inc), Electronic Commerce Services Agreement (Netgateway Inc), Electronic Commerce Services Agreement (Netgateway Inc)
Assignment-Notices. Customer Neither party may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Exodusthe other party, except that Customer may assign this Agreement may be assigned in whole as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets. Any attempted assignment or delegation without such consent will be void. Exodus may assign this Agreement in whole or part. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party indicated on the signature page hereof, or at such other address as may hereafter be furnished in writing by either party hereto to the other. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier.
Appears in 3 contracts
Samples: Internet Data Center Services Agreement (E Loan Inc), Internet Data Center Services Agreement (Quespasa Com Inc), Internet Data Center Services Agreement (E Centives Inc)
Assignment-Notices. Customer Subscriber may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of ExodusNetgateway, except that Customer Subscriber may assign this Agreement in whole as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assetsassests. Any attempted assignment or delegation without such consent will be void. Exodus Netgateway may assign this Agreement in whole or part. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party indicated on the signature page hereof, or at such other address as may hereafter be furnished in writing by either party hereto to the other. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier.
Appears in 2 contracts
Samples: Electronic Commerce Services Agreement (Netgateway Inc), Electronic Commerce Services Agreement (Netgateway Inc)
Assignment-Notices. Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Exodus, except that Customer may assign this Agreement without Exodus' consent, in whole as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets. Any attempted assignment or delegation without such consent will be void. Exodus may assign this Agreement in whole or part. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party indicated on the signature page hereof, or at such other address as may hereafter be furnished in writing by either party hereto to the other. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier.
Appears in 2 contracts
Samples: Internet Data Center Services Agreement (Learningstar Inc), Internet Data Center Services Agreement (Smarterkids Com Inc)
Assignment-Notices. Customer may not Neither party shall assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Exoduseither party, except that Customer either party may assign this Agreement in whole or part as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets. Any attempted assignment or delegation without such consent will be void. Exodus may assign this Agreement in whole or part. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party indicated on the signature page hereof, or at such other address as may hereafter be furnished in writing by either party hereto to the other. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier.
Appears in 2 contracts
Samples: Internet Streaming Service Agreement (High Speed Net Solutions Inc), Internet Streaming Service Agreement (High Speed Net Solutions Inc)
Assignment-Notices. Customer Systems Integrator may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of ExodusNetgateway, except that Customer Systems Integrator may assign this Agreement in whole as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets. Any attempted assignment or delegation without such consent will be void. Exodus Netgateway may assign this Agreement in whole or part. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party indicated on the signature page hereof, or at such other address as may hereafter be furnished in writing by either party hereto to the other. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier.
Appears in 2 contracts
Samples: Systems Integrator Agreement (Netgateway Inc), Systems Integrator Agreement (Netgateway Inc)
Assignment-Notices. Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Exodus, except that Customer may assign this Agreement in whole as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets. Any attempted assignment or delegation without such consent will be void. Exodus may assign this Agreement in whole or part. This Agreement will bind and inure insure to the benefit of each party's ’s successors and permitted assigns. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party indicated on the signature page hereof, or at such other address as may hereafter be furnished in writing by either party hereto to the other. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier.
Appears in 2 contracts
Samples: Internet Data Center Services Agreement (Buy Com Inc), Internet Data Center Services Agreement (Buy Com Inc)
Assignment-Notices. Customer Neither Netgateway nor Subscriber may not assign its rights or delegate its duties under this Agreement Agreement, either in whole or in part part, without the prior written consent of Exodusconsent, except that Customer either party may assign this Agreement in whole as part of a corporate reorganization, consolidation, merger, merger or sale of substantially all of its assets. Any attempted assignment or delegation without such consent will be void. Exodus may assign this Agreement in whole or part. This Agreement will bind shall be binding and inure to the benefit of each party's successors and permitted assigns. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party indicated on the signature page hereof, or at such other address as may hereafter be furnished in writing by either party hereto to the other. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier.
Appears in 1 contract
Assignment-Notices. Customer Subscriber may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of ExodusNetgateway, except that Customer Subscriber may assign this Agreement in whole as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets. Any attempted assignment or delegation without such consent will be void. Exodus Netgateway may assign this Agreement in whole or partpart only upon the prior written consent of Subscriber, which consent shall not be unreasonably withheld. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party indicated on the signature page hereof, or at such other address as may hereafter be furnished in writing by either party hereto to the other. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier.
Appears in 1 contract
Samples: Electronic Commerce Services Agreement (Netgateway Inc)
Assignment-Notices. Customer Neither party may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Exodusthe other party, except that Customer a party may assign this Agreement in whole to its affiliate or as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets. Any attempted assignment or delegation without such consent will be void. Exodus may assign this Agreement in whole or part. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party indicated on the signature page hereof, or at such other address as may hereafter be furnished in writing by either party hereto to the other. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier. All notices hereunder shall be sent to the attention of the party's General Counsel.
Appears in 1 contract
Samples: Internet Data Center Services Agreement (Digital Entertainment Network Inc)
Assignment-Notices. Customer Subscriber may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of ExodusNetgateway, except that Customer Subscriber may assign this Agreement in whole as part of a corporate reorganization, consolidation, merger, or sale of or substantially all of its assets. Any attempted assignment or of delegation without such consent will be void. Exodus Netgateway may assign this Agreement in whole or part. This Agreement will bind bin and inure to the benefit of each party's successors and permitted assigns. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party indicated on the signature page hereof, or at such other address as may hereafter be furnished in writing by either party hereto to the other. Such notice will will; be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier.
Appears in 1 contract
Samples: Electronic Commerce Services Agreement (Ichargeit Inc)
Assignment-Notices. Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Exodus, except that Customer may assign this Agreement in whole as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets. Any attempted assignment or delegation without such consent will be void. Exodus may assign this Agreement in whole or in part. This Agreement will bind and inure to the benefit of each party's successors and permitted [ILLEGIBLE] assigns. Any notice or communication required or permitted to be given given, hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party indicated on the signature page hereof, or at such other address as may hereafter be furnished in writing by either party hereto to the other. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier.
Appears in 1 contract
Samples: Internet Data Center Services Agreement (Healthgate Data Corp)
Assignment-Notices. Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Exodus, except that Customer may assign this Agreement in whole as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets. Any attempted assignment or delegation without such consent will be void. Exodus may assign this Agreement in whole or part. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party indicated on the signature page hereof, or at such other address as may hereafter be furnished in writing by either party hereto to the other. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier.
Appears in 1 contract
Samples: Internet Data Center Services Agreement (Digital Insight Corp)
Assignment-Notices. Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Exodus, except that Customer may assign this Agreement in whole as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets. Any attempted assignment or delegation without such consent will be void. Exodus may assign this Agreement in whole or part. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party indicated on the signature page hereof, or at such other address as may hereafter be furnished in writing by either party hereto to the other. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier.
Appears in 1 contract
Samples: Internet Data Center Services Agreement (Futurelink Corp)
Assignment-Notices. Customer Client may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of ExodusThe Impact Group, except that Customer Client may assign this Agreement in whole as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets. Any attempted assignment or delegation without such consent will be void. Exodus The Impact Group may assign this Agreement in whole or part. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party indicated on the signature page hereofin this subsection, or at such other address as may hereafter be furnished in writing by either party hereto to the other. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier.
Appears in 1 contract
Samples: Contract Agreement (Whoodoo Com Inc)
Assignment-Notices. Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Exodus, except that Customer may assign this Agreement in whole as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets. Any attempted assignment or delegation without such consent will be void. Exodus may assign this Agreement in whole or part. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party indicated on the signature page hereof, or at such other address as may hereafter be furnished in writing by either party hereto to the other. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier.
Appears in 1 contract
Samples: Internet Data Center Services Agreement (Global Business Information Directory Inc)