Common use of Storage of Customer Equipment Clause in Contracts

Storage of Customer Equipment. Xxxxx 0 may, at its option, agree to store equipment that Customer intends to colocate in Customer's Colocation Space for not more than forty five (45) days prior to the applicable Customer Commit Date. Storage of such equipment is purely incidental to the Service ordered by Customer and Level 3 will not charge Customer a fee for such storage. No document delivered as part of such storage shall be deemed a warehouse receipt. Absent Level 3's gross negligence or intentional misconduct, Level 3 shall have no liability to Customer or any third party arising from such storage. In the event Customer stores equipment for longer than forty five (45) days, Xxxxx 0 may, but shall not be obligated to, return Customer's equipment to Customer without liability, at Customer's sole cost and expense.

Appears in 2 contracts

Samples: Master Service Agreement (Vitalstream Holdings Inc), Master Service Agreement (Homenet Corp)

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Storage of Customer Equipment. Xxxxx Lxxxx 0 may, at its option, agree to store equipment that Customer intends to colocate in Customer's ’s Colocation Space for not more than forty five (45) 45 days prior to the applicable Customer Commit Date. Storage of such equipment is purely incidental to the Service ordered by Customer and Level 3 will not charge Customer a fee for such storage. No document delivered as part of such storage shall be deemed a warehouse receipt. Absent Level 3's ’s gross negligence or intentional misconduct, Level 3 shall have no liability to Customer or any third party arising from such storage. In the event Customer stores equipment for longer than forty five (45) 45 days, Xxxxx 0 Level 3 may, but shall not be obligated to, return Customer's ’s equipment to Customer without liability, at Customer's ’s sole cost and expense.

Appears in 1 contract

Samples: Master Service Agreement (Websidestory Inc)

Storage of Customer Equipment. Xxxxx 0 may, at its option, agree to store equipment that Customer intends to colocate in Customer's ’s Colocation Space for not more than forty five (45) 45 days prior to the applicable Customer Commit Date. Storage of such equipment is purely incidental to the Service ordered by Customer and Level 3 will not charge Customer a fee for such storage. No document delivered as part of such storage shall be deemed a warehouse receipt. Absent Level 3's ’s gross negligence or intentional misconduct, Level 3 shall have no liability to Customer or any third party arising from such storage. In the event Customer stores equipment for longer than forty five (45) 45 days, Xxxxx 0 Level 3 may, but shall not be obligated to, return Customer's ’s equipment to Customer without liability, at Customer's ’s sole cost and expense.

Appears in 1 contract

Samples: Master Service Agreement (Netsuite Inc)

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Storage of Customer Equipment. Xxxxx 0 Level 3 may, at its option, agree to store equipment that Customer intends to colocate in Customer's Colocation Space for not more than forty five (45) 45 days prior to the applicable Customer Commit Date. Storage of such equipment is purely incidental to the Service ordered by Customer and Level 3 will not charge Customer a fee for such storage. No document delivered as part of such storage shall be deemed a warehouse receipt. Absent Level 3's gross negligence or intentional misconduct, Level 3 shall have no liability to Customer or any third party arising from such storage. In the event Customer stores equipment for longer than forty five (45) 45 days, Xxxxx 0 Level 3 may, but shall not be obligated to, return Customer's equipment to Customer without liability, at Customer's sole cost and expense.

Appears in 1 contract

Samples: Master Service Agreement (Bluefly Inc)

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