Title to APEX System. Dell owns all rights, title, and interest in the APEX System (including any replaced parts), and the APEX System must be returned to Dell at the end of the Subscription Term (or promptly upon replacement with respect to replaced Equipment or parts). The APEX System will be identified as Dell’s and Distributor, Reseller, or Customer will not remove, cover, or alter plates, labels or any other markings placed upon the APEX System by Dell. The APEX System is NOT subject to any of the liens and security interests of Distributor’s, Xxxxxxxx’s, or Customer’s lender(s). Further, Distributor, Reseller, or Customer cannot use the APEX System as collateral for a loan or as security against any debt. Distributor will immediately notify Dell in writing if Distributor’s (or if Distributor is aware Reseller’s or Customer’s) lenders or creditors or other third parties claim any rights to, or seek to take possession of, the APEX System.
Appears in 17 contracts
Samples: Distributor Agreement, Distributor Agreement, Distributor Agreement