Common use of Employment Clause in Contracts

Employment. End-customer acknowledges and agrees that no individuals (such as employees of End-customer or of a previous service provider) were fully or predominantly dedicated to running an equivalent service for the benefit of End-customer prior to the provision of the Services by Dell on behalf of Partner. End-customer will ensure that no individual will transfer to Dell and no individual will be deemed to be an employee of Dell in accordance with any applicable legislation, as the case may be. End- customer hereby undertakes to fully indemnify and hold Dell harmless from any claim brought upon Dell, including but not limited to claims from transferred, ingoing or outgoing End-customer or third party employees, as well as any cost or expense, reasonable attorney’s fees or other financial liability on Dell arising out of or in relation to such employees transfer to Dell or Dell’s sub-suppliers as a result of Dell’s delivery of the Services on behalf of the Partner.  the Modular Services provisions in Schedule A below apply between Dell and you in relation to the resale and provision of Modular Services on a subscription basis to End Customers also referred to in Schedule A to this Appendix 4 B(1) as “MSR End-Users”; and  ensure each End-Customer accepts the AUP contained in Schedule B below and return such signed AUP to Dell or if available click accepts the AUP online – service provision by Dell is dependent on the End Customer agreeing to the AUP Schedule A to the Appendix 4 – B (1) - Modular Services Provisions By purchasing these Modular Services from Dell or engaging in a demonstration, trial period or evaluation program including these Modular Services, you agree to be bound by all terms and conditions set forth in this Schedule A including its Attachments in addition to the rest of this Agreement. The number of systems and MSR End-Users for which you have purchased any one or more of the modular services made available to you for onward sale from time to time (the “Modular Services”), the subscription rate or price, and the applicable length of the relevant Modular Services (as defined in paragraph 3 below) for each is indicated on your invoice from Dell, order acknowledgment or purchase order. You agree that renewing, modifying, extending or continuing to resell the Modular Services beyond the initial term (see Terms of Subscription Service in paragraph 3 below) is subject to these terms (as may be updated from time to time). MSR End-Users’ use of subscription Modular Services resold by you in is limited to the term (see paragraph 3 below) and is subject to execution/electronic acceptance, as made available by Dell from time to time, by the MSR End User of Dell’s Modular Reseller License Agreement and Acceptable Use Policy (see Schedule B to this Appendix 4 B1). It is your responsibility to ensure the MSR End User has duly executed/electronically accepted the Dell Modular Reseller Licence Agreement and Acceptable Use Policy. Where electronic acceptance by MSR End-Users is not possible via the Portal you must return the duly executed Modular Reseller License Agreement and Acceptable Use Policy to Dell prior to Dell’s commencement of delivery of the Modular Services.

Employment. End-customer acknowledges and agrees that no individuals (such as employees of End-customer or of a previous service provider) were fully or predominantly dedicated to running an equivalent service for the benefit of End-customer prior to the provision of the Services by Dell on behalf of Partner. End-customer will ensure that no individual will transfer to Dell and no individual will be deemed to be an employee of Dell in accordance with any applicable legislation, as the case may be. End- End-customer hereby undertakes to fully indemnify and hold Dell harmless from any claim brought upon Dell, including but not limited to claims from transferred, ingoing or outgoing End-customer or third party employees, as well as any cost or expense, reasonable attorney’s fees or other financial liability on Dell arising out of or in relation to such employees transfer to Dell or Dell’s sub-suppliers as a result of Dell’s delivery of the Services on behalf of the Partner.  • the Modular Services provisions in Schedule A below apply between Dell and you in relation to the resale and provision of Modular Services on a subscription basis to End Customers also referred to in Schedule A to this Appendix 4 B(1) as “MSR End-Users”; and  • ensure each End-Customer accepts the AUP contained in Schedule B below and return such signed AUP to Dell or if available click accepts the AUP online – service provision by Dell is dependent on the End Customer agreeing to the AUP Schedule A to the Appendix 4 – B (1) - Modular Services Provisions By purchasing these Modular Services from Dell or engaging in a demonstration, trial period or evaluation program including these Modular Services, you agree to be bound by all terms and conditions set forth in this Schedule A including its Attachments in addition to the rest of this Agreement. The number of systems and MSR End-Users for which you have purchased any one or more of the modular services made available to you for onward sale from time to time (the “Modular Services”), the subscription rate or price, and the applicable length of the relevant Modular Services (as defined in paragraph 3 below) for each is indicated on your invoice from Dell, order acknowledgment or purchase order. You agree that renewing, modifying, extending or continuing to resell the Modular Services beyond the initial term (see Terms of Subscription Service in paragraph 3 below) is subject to these terms (as may be updated from time to time). MSR End-Users’ use of subscription Modular Services resold by you in is limited to the term (see paragraph 3 below) and is subject to execution/electronic acceptance, as made available by Dell from time to time, by the MSR End User of Dell’s Modular Reseller License Agreement and Acceptable Use Policy (see Schedule B to this Appendix 4 B1). It is your responsibility to ensure the MSR End User has duly executed/electronically accepted the Dell Modular Reseller Licence Agreement and Acceptable Use Policy. Where electronic acceptance by MSR End-Users is not possible via the Portal you must return the duly executed Modular Reseller License Agreement and Acceptable Use Policy to Dell prior to Dell’s commencement of delivery of the Modular Services.

Employment. End-customer acknowledges and agrees that no individuals (such as employees of End-customer or of a previous service provider) were fully or predominantly dedicated to running an equivalent service for the benefit of End-customer prior to the provision of the Services by Dell on behalf of Partner. End-customer will ensure that no individual will transfer to Dell and no individual will be deemed to be an employee of Dell in accordance with any applicable legislation, as the case may be. End- customer hereby undertakes to fully indemnify and hold Dell harmless from any claim brought upon Dell, including but not limited to claims from transferred, ingoing or outgoing End-customer or third party employees, as well as any cost or expense, reasonable attorney’s fees or other financial liability on Dell arising out of or in relation to such employees transfer to Dell or Dell’s sub-suppliers as a result of Dell’s delivery of the Services on behalf of the Partner.  • the Modular Services provisions in Schedule A below apply between Dell and you in relation to the resale and provision of Modular Services on a subscription basis to End Customers also referred to in Schedule A to this Appendix 4 B(1) as “MSR End-Users”; and  • ensure each End-Customer accepts the AUP contained in Schedule B below and return such signed AUP to Dell or if available click accepts the AUP online – service provision by Dell is dependent on the End Customer agreeing to the AUP Schedule A to the Appendix 4 – B (1) - Modular Services Provisions By purchasing these Modular Services from Dell or engaging in a demonstration, trial period or evaluation program including these Modular Services, you agree to be bound by all terms and conditions set forth in this Schedule A including its Attachments in addition to the rest of this Agreement. The number of systems and MSR End-Users for which you have purchased any one or more of the modular services made available to you for onward sale from time to time (the “Modular Services”), the subscription rate or price, and the applicable length of the relevant Modular Services (as defined in paragraph 3 below) for each is indicated on your invoice from Dell, order acknowledgment or purchase order. You agree that renewing, modifying, extending or continuing to resell the Modular Services beyond the initial term (see Terms of Subscription Service in paragraph 3 below) is subject to these terms (as may be updated from time to time). MSR End-Users’ use of subscription Modular Services resold by you in is limited to the term (see paragraph 3 below) and is subject to execution/electronic acceptance, as made available by Dell from time to time, by the MSR End User of Dell’s Modular Reseller License Agreement and Acceptable Use Policy (see Schedule B to this Appendix 4 B1). It is your responsibility to ensure the MSR End User has duly executed/electronically accepted the Dell Modular Reseller Licence Agreement and Acceptable Use Policy. Where electronic acceptance by MSR End-Users is not possible via the Portal you must return the duly executed Modular Reseller License Agreement and Acceptable Use Policy to Dell prior to Dell’s commencement of delivery of the Modular Services.