Common use of Reselling Clause in Contracts

Reselling. Upon prior written approval of ** which will not be unreasonably withheld or delayed, Customer in the normal course of its business may resell to its clients use (subject to all the terms of this Agreement) of the Customer provided by ** to Customer pursuant to this Agreement, except that Customer will not allow such clients to interconnect with other users in the Premises. Such clients will be deemed to be Customer's contractors to the extent they or their representatives are present at the Premises. Customer will act as the single point of contact with ** with respect to Customer's clients. Customer will remain responsible for all fees or other costs under this Agreement incurred by Customer's clients, both with or without the consent of Customer. Customer either will cause such clients to be covered by Customer's insurance coverages as required by this Agreement or will cause such clients to obtain such insurance independently. Any act or omission of any such client that would be a breach of this Agreement if committed by Customer will be deemed a breach of this Agreement by Customer. Customer agrees to defend, indemnify and hold harmless **, and its officers, directors and employees (collectively, the "Indemnities"), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such client that would be a breach of this Agreement if committed by Customer, and (ii) any claim by any such client arising from use of the Premises, services provided by ** under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.

Appears in 3 contracts

Samples: Services Agreement (Midnet Inc), Services Agreement (Midnet Inc), Services Agreement (Midnet Inc)

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Reselling. Upon prior written approval of ** Peer 1 which will not be unreasonably withheld or delayed, Customer in the normal course of its business may resell to its clients use (subject to all the terms of this Agreement) of the Customer Space and Bandwidth Services provided by ** Peer 1 to Customer pursuant to this Agreement, except that Customer will not allow such clients to interconnect with other users in the Premises. Such clients will be deemed to be Customer's ’s contractors to the extent they or their representatives are present at the Premises. Customer will act as the single point of contact with ** Peer 1 with respect to Customer's ’s clients. Customer will remain responsible for all fees or other costs under this Agreement incurred by Customer's ’s clients, both with or without the consent of Customer. Customer either will cause such clients to be covered by Customer's ’s insurance coverages as required by this Agreement or will cause such clients to obtain such insurance independently. Any act or omission of any such client that would be a breach of this Agreement if committed by Customer will be deemed a breach of this Agreement by Customer. Customer agrees to defend, indemnify and hold harmless **Peer 1, and its officers, directors and employees (collectively, the "Indemnities"), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such client that would be a breach of this Agreement if committed by Customer, and (ii) any claim by any such client arising from use of the Premises, services provided by ** Peer 1 under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.

Appears in 2 contracts

Samples: And Bandwidth Services Agreement (Teliphone Corp), And Bandwidth Services Agreement (Teliphone Corp)

Reselling. Upon prior written approval of ** Chicago VPS which will shall not be unreasonably withheld or delayed, Customer in the normal course of its business may resell to its clients use (subject to all the terms of this Agreement) of the Customer Space and Bandwidth Services provided by ** Chicago VPS to Customer pursuant to this Agreement, except that Customer will shall not allow such clients to interconnect with other users in the Premises. Such clients will shall be deemed to be Customer's ’s contractors to the extent they or their representatives are present at the Premises. Customer will shall act as the single point of contact with ** Chicago VPS with respect to Customer's ’s clients. Customer will shall remain responsible for all fees or other costs under this Agreement incurred by Customer's ’s clients, both with or without the consent of Customer. Customer either will shall cause such clients to be covered by Customer's ’s insurance coverages as required by this Agreement or will shall cause such clients to obtain such insurance independently. Any act or omission of any such client that would be a breach of this Agreement if committed by Customer will shall be deemed a breach of this Agreement by Customer. Customer agrees to defend, indemnify and hold harmless **Chicago VPS, and its officers, directors and employees (collectively, the "Indemnities"), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such client that would be a breach of this Agreement if committed by Customer, and (ii) any claim by any such client arising from use of the Premises, services provided by ** Chicago VPS under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.

Appears in 2 contracts

Samples: www.chicagovps.net, Products and Services Agreement

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Reselling. Upon prior written approval of ** Peer 1 which will not be unreasonably withheld or delayed, Customer in the normal course of its business may resell to its clients use (subject to all the terms of this Agreement) of the Customer Space and Bandwidth Services provided by ** Peer 1 to Customer pursuant to this Agreement, except that Customer will not allow such clients to interconnect with other users in the Premises. Such clients will be deemed to be Customer's contractors to the extent they or their representatives are present at the Premises. Customer will act as the single point of contact with ** Peer 1 with respect to Customer's clients. Customer will remain responsible for all fees or other costs under this Agreement incurred by Customer's clients, both with or without the consent of Customer. Customer either will cause such clients to be covered by Customer's insurance coverages as required by this Agreement or will cause such clients to obtain such insurance independently. Any act or omission of any such client that would be a breach of this Agreement if committed by Customer will be deemed a breach of this Agreement by Customer. Customer agrees to defend, indemnify and hold harmless **Peer 1, and its officers, directors and employees (collectively, the "Indemnities"), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such client that would be a breach of this Agreement if committed by Customer, and (ii) any claim by any such client arising from use of the Premises, services provided by ** Peer 1 under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.

Appears in 2 contracts

Samples: And Bandwidth Services Agreement (Metasun Enterprises Inc), And Bandwidth Services Agreement (Teliphone Corp)

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