Examples of APEX System in a sentence
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.
Dell requires the right to access the APEX System in a timely way and as provided in the Service Offering Description to provide the Support Services or as may be provided in the Quote with respect to any Related Services.
Distributor agrees that Dell may file protective documents with government or other authorities in Distributor’s jurisdiction of incorporation or other applicable locations in order to inform third parties and lenders that Dell owns the APEX System at the Site.
The foregoing limitations and exclusions do not apply to: (i) Distributor’s obligation to pay for the APEX Service and any Related Services, (ii) Distributor’s obligation to pay for damage to or loss of the APEX System, (iii) Distributor’s violation of the restrictions on use of the APEX Service, (iv) a party’s indemnity obligations in the Agreement, (v) a party’s violation or misappropriation of the other party’s intellectual property rights, or (vi) where prohibited by applicable law.
Distributor agrees to hold Dell harmless from and against any and all disputes, claims or controversies (whether in contract, tort (including negligence) or otherwise) resulting from Distributor or Customer locating the APEX System at a non-Dell provided Colocation Site.
Distributor will notify Reseller, and require Reseller to notify Customer, that Customer is responsible for removing all Customer Content stored on replaced parts of the APEX System, before their return to Dell.
If Distributor locates the APEX System at a non-Dell provided Colocation Site, then Distributor shall ensure that Reseller ensures that Customer will be responsible for ensuring that Dell has the level of access to the non-Dell provided Colocation Site required in Clause 7.2 (Site Access).
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).
When providing Support Services, Dell will not access or use any Customer Content stored on the APEX System unless Distributor, Reseller or Customer has authorized Dell to do so.
If this Agreement is determined to be anything other than a services agreement from Dell to Distributor, then Distributor grants Dell a first priority security interest in the APEX System (and all proceeds thereof) and Dell retains the first lien and security interest in the APEX System and all proceeds.