If Customer is in Default. If Customer is in default of any of its obligations under this Agreement, then ** may in its sole discretion do any or all of the following: (i) without notice suspend access to the Customer Space or the Premises, (ii) if Customer's default is non-payment of any sums due to **, exercise all the rights and remedies of a secured party under applicable law including, without limitation, with the minimum notice (if any) required by law, ** may seize the Equipment and sell the Equipment to third parties in satisfaction of any Customer indebtedness owing to ** as well as any costs (including reasonable legal fees) incurred by ** in exercising any remedy under this Agreement, and (iv) if ** terminates this Agreement in accordance with Section 4, after such termination is effective, remove the Equipment from the Customer Space, store the Equipment at another location at Customer's expense, and license the Customer Space to a third party.
Appears in 3 contracts
Samples: Co Location Services Agreement (Midnet Inc), Co Location Services Agreement (Midnet Inc), Co Location Services Agreement (Midnet Inc)
If Customer is in Default. If Customer is in default of any of its obligations under this Agreement, then ** Peer 1 may in its sole discretion do any or all of the following: (i) without notice suspend access to the Customer Space or the Premises, (ii) if Customer's ’s default is non-payment of any sums due to **Peer 1, exercise all the rights and remedies of a secured party under applicable law including, without limitation, with the minimum notice (if any) required by law, ** Peer 1 may seize the Equipment and sell the Equipment to third parties in satisfaction of any Customer indebtedness owing to ** Peer 1 as well as any costs (including reasonable legal fees) incurred by ** Peer 1 in exercising any remedy under this Agreement, and (iv) if ** Peer 1 terminates this Agreement in accordance with Section 45, after such termination is effective, remove the Equipment from the Customer Space, store the Equipment at another location at Customer's ’s expense, and license the Customer Space to a third party.
Appears in 2 contracts
Samples: Co Location and Bandwidth Services Agreement (Teliphone Corp), Co Location and Bandwidth Services Agreement (Teliphone Corp)
If Customer is in Default. If Customer is in default of any of its obligations under this Agreement, then ** may Peer 1 May in its sole discretion do any or all of the following: (i) without notice suspend access to the Customer Space or the Premises, (ii) if Customer's default is non-payment of any sums due to **Peer 1, exercise all the rights and remedies of a secured party under applicable law including, without limitation, with the minimum notice (if any) required by law, ** Peer 1 may seize the Equipment and sell the Equipment to third parties in satisfaction of any Customer indebtedness owing to ** Peer 1 as well as any costs (including reasonable legal fees) incurred by ** Peer 1 in exercising any remedy under this Agreement, and (iv) if ** Peer 1 terminates this Agreement in accordance with Section 45, after such termination is effective, remove the Equipment from the Customer Space, store the Equipment at another location at Customer's expense, and license the Customer Space to a third party.
Appears in 1 contract
Samples: Co Location and Bandwidth Services Agreement (Metasun Enterprises Inc)