Common use of Rights After Assignment Clause in Contracts

Rights After Assignment. If Dell takes assignment of a Customer Agreement pursuant to this Clause 0.0.0.: (i) Distributor shall have no rights in, and Distributor shall ensure Reseller has no rights in, any amounts Dell receives or recovers from the Customer; (ii) Distributor shall be obligated to, and Distributor shall ensure Reseller is obligated to, immediately send to Dell any and all payments received from the Customer pursuant to the Customer Agreement after such assignment; (iii) Dell will excuse Distributor from Distributor's obligation to pay the APEX Service fee for the remainder of the Subscription Term and, by notice in writing to Distributor, declare immediately due and payable, and Distributor shall be obliged to pay immediately, all past due APEX Service and Related Service fees and other past due amounts related to this Agreement; (iv) Distributor, and Reseller, will have no further obligation to invoice or collect payment from Customer, or to recover or return the APEX System, provided that Distributor shall cooperate, and cause the Reseller to cooperate, with Dell and provide all necessary assistance in Dell’s efforts to both collect the fees owed by Customer and repossess the APEX System; (v) Distributor shall be obligated to pay Dell, within 30 days of such assignment, amounts equal to any or all financial incentives, fees, and/or rebates (“Incentives”) Distributor received from Dell in relation to any Order or to entering into the Agreement, and Dell shall not be required to pay Distributor any Incentives related to any Order or the Agreement which have not yet been paid to Distributor; and (vi) if Dell subsequently determines that the Customer Financial Information provided pursuant to this Agreement is wrong, misleading, or is not authentic, Dell’s consent to such assignment shall be revoked and/or void, and Dell may exercise any of its remedies pursuant to Clause 6.3.1.B.

Rights After Assignment. If Dell takes assignment of a Customer Agreement pursuant to this Clause 0.0.0.6.3.2: (i) Distributor Reseller shall have no rights in, and Distributor shall ensure Reseller has no rights in, in any amounts Dell receives or recovers from the Customer; (ii) Distributor Customer and shall be obligated to, and Distributor shall ensure Reseller is obligated to, to immediately send to Dell any and all payments received from the Customer pursuant to the Customer Agreement after such assignment; (iiiii) Dell will excuse Distributor Reseller from Distributor's Reseller’s obligation to pay the APEX Service fee for the remainder of the Subscription Term and, by notice in writing to DistributorReseller, declare immediately due and payable, and Distributor Reseller shall be obliged to pay immediately, all past due APEX Service and Related Service fees and other past due amounts related to this Agreement; (iviii) Distributor, and Reseller, Reseller will have no further obligation to invoice or collect payment from Customer, or to recover or return the APEX System, provided that Distributor Reseller shall cooperate, and cause the Reseller to cooperate, cooperate with Dell and provide all necessary assistance in Dell’s efforts to both collect the fees owed by Customer and repossess the APEX System; (viv) Distributor Reseller shall be obligated to pay Dell, Dell within 30 days of such assignment, amounts equal to any or all financial incentives, fees, and/or and /or rebates (“Incentives”) Distributor received from Dell in relation to any Order or to entering into the Agreement, and Dell shall not be required to pay Distributor Reseller any Incentives related to any the applicable Customer Agreement or Order or the Agreement which have not yet been paid to DistributorReseller; and (viv) if Dell subsequently determines that the Customer Financial Information provided pursuant to this Agreement is wrong, misleading, or is not authentic, Dell’s consent to such assignment shall be revoked and/or void, and Dell may exercise any of its remedies pursuant to Clause 6.3.1.B.

Rights After Assignment. If Dell takes assignment of a Customer Agreement pursuant to this Clause 0.0.0.6.3.2: (i) Distributor Reseller shall have no rights in, and Distributor shall ensure Reseller has no rights in, in any amounts Dell receives or recovers from the Customer; (ii) Distributor Customer and shall be obligated to, and Distributor shall ensure Reseller is obligated to, to immediately send to Dell any and all payments received from the Customer pursuant to the Customer Agreement after such assignment; (iiiii) Dell will excuse Distributor Reseller from Distributor's Reseller’s obligation to pay the APEX Service fee for the remainder of the Subscription Term and, by notice in writing to DistributorReseller, declare immediately due and payable, and Distributor Reseller shall be obliged to pay immediately, all past due APEX Service and Related Service fees and other past due amounts related to this Agreement; (iviii) Distributor, and Reseller, Reseller will have no further obligation to invoice or collect payment from Customer, or to recover or return the APEX System, provided that Distributor Reseller shall cooperate, and cause the Reseller to cooperate, cooperate with Dell and provide all necessary assistance in Dell’s efforts to both collect the fees owed by Customer and repossess the APEX System; (viv) Distributor Reseller shall be obligated to pay Dell, Dell within 30 days of such assignment, amounts equal to any or all financial incentives, fees, and/or and /or rebates (“Incentives”) Distributor received from Dell (if the event triggering such assignment occurred after the first 6 months of the Subscription Term such amount shall be prorated based on the number of months remaining in relation to any Order or to entering into the Agreement, Subscription Term) and Dell shall not be required to pay Distributor Reseller any Incentives related to any the applicable Customer Agreement or Order or the Agreement which have not yet been paid to DistributorReseller; and (viv) if Dell subsequently determines that the Customer Financial Information provided pursuant to this Agreement is wrong, misleading, or is not authentic, Dell’s consent to such assignment shall be revoked and/or void, and Dell may exercise any of its remedies pursuant to Clause 6.3.1.B.

Rights After Assignment. If Dell takes assignment of a Customer Agreement pursuant to this Clause 0.0.0.: (i) Distributor shall have no rights in, and Distributor shall ensure Reseller has no rights in, any amounts Dell receives or recovers from the Customer; (ii) Distributor shall be obligated to, and Distributor shall ensure Reseller is obligated to, immediately send to Dell any and all payments received from the Customer pursuant to the Customer Agreement after such assignment; (iii) Dell will excuse Distributor from Distributor's obligation to pay the APEX Service fee for the remainder of the Subscription Term and, by notice in writing to Distributor, declare immediately due and payable, and Distributor shall be obliged to pay immediately, all past due APEX Service and Related Service fees and other past due amounts related to this Agreement; (iv) Distributor, and Reseller, will have no further obligation to invoice or collect payment from Customer, or to recover or return the APEX System, provided that Distributor shall cooperate, and cause the Reseller to cooperate, with Dell and provide all necessary assistance in Dell’s efforts to both collect the fees owed by Customer and repossess the APEX System; (v) Distributor shall be obligated to pay Dell, within 30 days of such assignment, amounts equal to any or all financial incentives, fees, and/or rebates (“Incentives”) Distributor received from Dell in relation to any Order or to entering into the AgreementAgreement (if the event triggering such assignment occurred after the first 6 months of the Subscription Term such amount shall be prorated based on the number of months remaining in the Subscription Term), and Dell shall not be required to pay Distributor any Incentives related to any Order or the Agreement which have not yet been paid to Distributor; and (vi) if Dell subsequently determines that the Customer Financial Information provided pursuant to this Agreement is wrong, misleading, or is not authentic, Dell’s consent to such assignment shall be revoked and/or void, and Dell may exercise any of its remedies pursuant to Clause 6.3.1.B.

Rights After Assignment. If Dell Xxxx takes assignment of a Customer Agreement pursuant to this Clause 0.0.0.6.3.2: (i) Distributor Reseller shall have no rights in, and Distributor shall ensure Reseller has no rights in, in any amounts Dell receives or recovers from the Customer; (ii) Distributor Customer and shall be obligated to, and Distributor shall ensure Reseller is obligated to, to immediately send to Dell any and all payments received from the Customer pursuant to the Customer Agreement after such assignment; (iiiii) Dell will excuse Distributor Reseller from Distributor's Reseller’s obligation to pay the APEX Service fee for the remainder of the Subscription Term and, by notice in writing to DistributorReseller, declare immediately due and payable, and Distributor Reseller shall be obliged to pay immediately, all past due APEX Service and Related Service fees and other past due amounts related to this Agreement; (iviii) Distributor, and Reseller, Reseller will have no further obligation to invoice or collect payment from Customer, or to recover or return the APEX System, provided that Distributor Reseller shall cooperate, and cause the Reseller to cooperate, cooperate with Dell and provide all necessary assistance in Dell’s efforts to both collect the fees owed by Customer and repossess the APEX System; (viv) Distributor Reseller shall be obligated to pay Dell, Dell within 30 days of such assignment, amounts equal to any or all financial incentives, fees, and/or and /or rebates (“Incentives”) Distributor received from Dell (if the event triggering such assignment occurred after the first 6 months of the Subscription Term such amount shall be prorated based on the number of months remaining in relation to any Order or to entering into the Agreement, Subscription Term) and Dell shall not be required to pay Distributor Reseller any Incentives related to any the applicable Customer Agreement or Order or the Agreement which have not yet been paid to DistributorReseller; and (viv) if Dell subsequently determines that the Customer Financial Information provided pursuant to this Agreement is wrong, misleading, or is not authentic, Dell’s consent to such assignment shall be revoked and/or void, and Dell may exercise any of its remedies pursuant to Clause 6.3.1.B.

Rights After Assignment. If Dell Xxxx takes assignment of a Customer Agreement pursuant to this Clause 0.0.0.: (i) Distributor shall have no rights in, and Distributor shall ensure Reseller has no rights in, any amounts Dell receives or recovers from the Customer; (ii) Distributor shall be obligated to, and Distributor shall ensure Reseller is obligated to, immediately send to Dell any and all payments received from the Customer pursuant to the Customer Agreement after such assignment; (iii) Dell will excuse Distributor from Distributor's obligation to pay the APEX Service fee for the remainder of the Subscription Term and, by notice in writing to Distributor, declare immediately due and payable, and Distributor shall be obliged to pay immediately, all past due APEX Service and Related Service fees and other past due amounts related to this Agreement; (iv) Distributor, and Reseller, will have no further obligation to invoice or collect payment from Customer, or to recover or return the APEX System, provided that Distributor shall cooperate, and cause the Reseller to cooperate, with Dell and provide all necessary assistance in Dell’s efforts to both collect the fees owed by Customer and repossess the APEX System; (v) Distributor shall be obligated to pay Dell, within 30 days of such assignment, amounts equal to any or all financial incentives, fees, and/or rebates (“Incentives”) Distributor received from Dell in relation to any Order or to entering into the AgreementAgreement (if the event triggering such assignment occurred after the first 6 months of the Subscription Term such amount shall be prorated based on the number of months remaining in the Subscription Term), and Dell shall not be required to pay Distributor any Incentives related to any Order or the Agreement which have not yet been paid to Distributor; and (vi) if Dell subsequently determines that the Customer Financial Information provided pursuant to this Agreement is wrong, misleading, or is not authentic, Dell’s consent to such assignment shall be revoked and/or void, and Dell may exercise any of its remedies pursuant to Clause 6.3.1.B.

Rights After Assignment. If Dell takes assignment of a Customer Agreement pursuant to this Clause 0.0.0.6.3.2: (i) Distributor Reseller shall have no rights in, and Distributor shall ensure Reseller has no rights in, in any amounts Dell receives or recovers from the Customer; (ii) Distributor Customer and shall be obligated to, and Distributor shall ensure Reseller is obligated to, to immediately send to Dell any and all payments received from the Customer pursuant to the Customer Agreement after such assignment; (iiiii) Dell will excuse Distributor Reseller from Distributor's Reseller’s obligation to pay the APEX Service fee for the remainder of the Subscription Term and, by notice in writing or by email to DistributorReseller, declare immediately due and payable, and Distributor Reseller shall be obliged to pay immediately, all past due APEX Service and Related Service fees and other past due amounts related to this Agreement; (iviii) Distributor, and Reseller, Reseller will have no further obligation to invoice or collect payment from Customer, or to recover or return the APEX System, provided that Distributor Reseller shall cooperate, and cause the Reseller to cooperate, cooperate with Dell and provide all necessary assistance in Dell’s efforts to both collect the fees owed by Customer and repossess the APEX System; (viv) Distributor Reseller shall be obligated to pay Dell, Dell within 30 days of such assignment, amounts equal to any or all financial incentives, fees, and/or and /or rebates (“Incentives”) Distributor received from Dell in relation to any Order or to entering into the Agreement, and Dell shall not be required to pay Distributor Reseller any Incentives related to any the applicable Customer Agreement or Order or the Agreement which have not yet been paid to DistributorReseller; and (viv) if Dell subsequently determines that the Customer Financial Information provided pursuant to this Agreement is wrong, misleading, or is not authentic, Dell’s consent to such assignment shall be revoked and/or voidvoid or Dell may terminate the assignment agreement, and Dell may exercise any of its remedies pursuant to Clause 6.3.1.B.

Rights After Assignment. If Dell takes assignment of a Customer Agreement pursuant to this Clause 0.0.0.: (i) Distributor shall have no rights in, and Distributor shall ensure Reseller has no rights in, any amounts Dell receives or recovers from the Customer; (ii) Distributor shall be obligated to, and Distributor shall ensure Reseller is obligated to, immediately send to Dell any and all payments received from the Customer pursuant to the Customer Agreement after such assignment; (iii) Dell will excuse Distributor from Distributor's ’s obligation to pay the APEX Service fee for the remainder of the Subscription Term and, by notice in writing to Distributor, declare immediately due and payable, and Distributor shall be obliged to pay immediately, all past due APEX Service and Related Service fees and other past due amounts related to this Agreement; (iv) Distributor, and Reseller, will have no further obligation to invoice or collect payment from Customer, or to recover or return the APEX System, provided that Distributor shall cooperate, and cause the Reseller to cooperate, with Dell and provide all necessary assistance in Dell’s efforts to both collect the fees owed by Customer and repossess the APEX System; (v) Distributor shall be obligated to pay Dell, within 30 days of such assignment, amounts equal to any or all financial incentives, fees, and/or rebates (“Incentives”) Distributor received from Dell in relation to any Order or to entering into the AgreementAgreement (if the event triggering such assignment occurred after the first 6 months of the Subscription Term such amount shall be prorated based on the number of months remaining in the Subscription Term), and Dell shall not be required to pay Distributor any Incentives related to any Order or the Agreement which have not yet been paid to Distributor; and (vi) if Dell subsequently determines that the Customer Financial Information provided pursuant to this Agreement is wrong, misleading, or is not authentic, Dell’s consent to such assignment shall be revoked and/or void, and Dell may exercise any of its remedies pursuant to Clause 6.3.1.B.

Rights After Assignment. If Dell Xxxx takes assignment of a Customer Agreement pursuant to this Clause 0.0.0.6.3.2: (i) Distributor Reseller shall have no rights in, and Distributor shall ensure Reseller has no rights in, in any amounts Dell receives or recovers from the Customer; (ii) Distributor Customer and shall be obligated to, and Distributor shall ensure Reseller is obligated to, to immediately send to Dell any and all payments received from the Customer pursuant to the Customer Agreement after such assignment; (iiiii) Dell will excuse Distributor Reseller from Distributor's Reseller’s obligation to pay the APEX Service fee for the remainder of the Subscription Term and, by notice in writing to DistributorReseller, declare immediately due and payable, and Distributor Reseller shall be obliged to pay immediately, all past due APEX Service and Related Service fees and other past due amounts related to this Agreement; (iviii) Distributor, and Reseller, Reseller will have no further obligation to invoice or collect payment from Customer, or to recover or return the APEX System, provided that Distributor Reseller shall cooperate, and cause the Reseller to cooperate, cooperate with Dell and provide all necessary assistance in Dell’s efforts to both collect the fees owed by Customer and repossess the APEX System; (viv) Distributor Reseller shall be obligated to pay Dell, Dell within 30 days of such assignment, amounts equal to any or all financial incentives, fees, and/or and /or rebates (“Incentives”) Distributor received from Dell in relation to any Order or to entering into the Agreement, and Dell shall not be required to pay Distributor Reseller any Incentives related to any the applicable Customer Agreement or Order or the Agreement which have not yet been paid to DistributorReseller; and (viv) if Dell subsequently determines that the Customer Financial Information provided pursuant to this Agreement is wrong, misleading, or is not authentic, Dell’s consent to such assignment shall be revoked and/or void, and Dell may exercise any of its remedies pursuant to Clause 6.3.1.B.

Rights After Assignment. If Dell Xxxx takes assignment of a Customer Agreement pursuant to this Clause 0.0.0.6.3.2: (i) Distributor shall have no rights in, and Distributor shall ensure Reseller has no rights in, any amounts Dell receives or recovers from the Customer; (ii) Distributor shall be obligated to, and Distributor shall ensure Reseller is obligated to, immediately send to Dell any and all payments received from the Customer pursuant to the Customer Agreement after such assignment; (iii) Dell will excuse Distributor from Distributor's obligation to pay the APEX Service fee for the remainder of the Subscription Term and, by notice in writing to Distributor, declare immediately due and payable, and Distributor shall be obliged to pay immediately, all past due APEX Service and Related Service fees and other past due amounts related to this Agreement; (iv) Distributor, and Reseller, will have no further obligation to invoice or collect payment from Customer, or to recover or return the APEX System, provided that Distributor shall cooperate, and cause the Reseller to cooperate, with Dell and provide all necessary assistance in Dell’s efforts to both collect the fees owed by Customer and repossess the APEX System; (v) Distributor shall be obligated to pay Dell, within 30 days of such assignment, amounts equal to any or all financial incentives, fees, and/or rebates (“Incentives”) Distributor received from Dell in relation to any Order or to entering into the AgreementAgreement (if the event triggering such assignment occurred after the first 6 months of the Subscription Term such amount shall be prorated based on the number of months remaining in the Subscription Term), and Dell shall not be required to pay Distributor any Incentives related to any Order or the Agreement which have not yet been paid to Distributor; and (vi) if Dell subsequently determines that the Customer Financial Information provided pursuant to this Agreement is wrong, misleading, or is not authentic, Dell’s consent to such assignment shall be revoked and/or void, and Dell may exercise any of its remedies pursuant to Clause 6.3.1.B.

Rights After Assignment. If Dell takes assignment of a Customer Agreement pursuant to this Clause 0.0.0.: (i) Distributor shall have no rights in, and Distributor shall ensure Reseller has no rights in, any amounts Dell receives or recovers from the Customer; (ii) Distributor shall be obligated to, and Distributor shall ensure Reseller is obligated to, immediately send to Dell any and all payments received from the Customer pursuant to the Customer Agreement after such assignment; (iii) Dell will excuse Distributor from Distributor's obligation to pay the APEX Service fee for the remainder of the Subscription Term and, by notice in writing or by email to Distributor, declare immediately due and payable, and Distributor shall be obliged to pay immediately, all past due APEX Service and Related Service fees and other past due amounts related to this Agreement; (iv) Distributor, and Reseller, will have no further obligation to invoice or collect payment from Customer, or to recover or return the APEX System, provided that Distributor shall cooperate, and cause the Reseller to cooperate, with Dell and provide all necessary assistance in Dell’s efforts to both collect the fees owed by Customer and repossess the APEX System; (v) Distributor shall be obligated to pay Dell, within 30 days of such assignment, amounts equal to any or all financial incentives, fees, and/or rebates (“Incentives”) Distributor received from Dell in relation to any Order or to entering into the AgreementAgreement (if the event triggering such assignment occurred after the first 6 months of the Subscription Term such amount shall be prorated based on the number of months remaining in the Subscription Term), and Dell shall not be required to pay Distributor any Incentives related to any Order or the Agreement which have not yet been paid to Distributor; and (vi) if Dell subsequently determines that the Customer Financial Information provided pursuant to this Agreement is wrong, misleading, or is not authentic, Dell’s consent to such assignment shall be revoked and/or voidvoid or Dell may terminate the assignment agreement, and Dell may exercise any of its remedies pursuant to Clause 6.3.1.B.