Common use of Reseller Transactions Clause in Contracts

Reseller Transactions. Notwithstanding anything to the contrary herein, if You order the APEX Service through a Reseller: (a) All references and terms related to fees, payments, cancellation or termination rights, or similar financial terms (the “Financial Terms”) in the Agreement (including, without limitation, the following Clauses of Part A: 3.2.B (Right to Refund), 4.1.A (Order Confirmation), 4.1.B (Payment of Fees), 4.1.C (Credit Card Payments), 4.2 (Payment Terms), 4.3 (Taxes), 4.4 (Invoice Errors), 6.3.C (Refunds), 17.7 (Assignment and Subcontracting)) will not apply to You. Financial Terms in Your agreement with the Reseller will apply instead. (b) All notices in the Agreement required from You to Dell will also be required from You to Reseller. (c) In the event that You or Reseller (i) become insolvent, admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors, or (ii) become subject to control of a trustee, receiver, or similar authority, or to any bankruptcy or insolvency proceeding, You consent to the assignment of Your agreement with Reseller for the APEX Service to Dell if such assignment is permitted under Dell’s agreement with the Reseller.

Reseller Transactions. Notwithstanding anything to the contrary herein, if You order the APEX Service through a Reseller: (a) All references and terms related to fees, payments, cancellation or termination rights, or similar financial terms (the “Financial Terms”) in the Agreement (including, without limitation, the following Clauses of Part A: 3.2.B (Right to Refund), 4.1.A (Order Confirmation), 4.1.B (Payment of Fees), 4.1.C (Credit Card Payments), 4.2 (Payment Terms), 4.3 (Taxes), 4.4 (Invoice Errors), 6.3.C (Refunds), 17.7 17.8 (Assignment and Subcontracting)) will not apply to You. Financial Terms in Your agreement with the Reseller will apply instead. (b) All notices in the Agreement required from You to Dell will also be required from You to Reseller. (c) In the event that You or Reseller (i) become insolvent, admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors, or (ii) become subject to control of a trustee, receiver, or similar authority, or to any bankruptcy or insolvency proceeding, You consent to the assignment of Your agreement with Reseller for the APEX Service to Dell if such assignment is permitted under Dell’s agreement with the Reseller.