Common use of Additional Recovery Rights Clause in Contracts

Additional Recovery Rights. Xxxxxxxx agrees that upon expiration or termination of the APEX Service for any reason: (a) Dell may seek a court order to enforce Dell’s right to recover the APEX System from the Site, and Reseller agrees to reasonably cooperate with Dell to enforce Dell’s rights with Customer under any such court order; and (b) Dell is entitled to recover from Reseller the reasonable attorney fees resulting from this enforcement action. Reseller is liable for any return costs and shall reimburse Dell for the reasonable value of the APEX System (or any part thereof) that is not returned or is returned in a condition that evidences damage in excess of reasonable wear and tear.

Additional Recovery Rights. Xxxxxxxx agrees You agree that upon expiration or termination of the APEX Service for any reason: (a) Dell may seek a court order to enforce Dell’s right to recover the APEX System from the Site, or Colocation Site and Reseller agrees you agree to reasonably cooperate with Dell to enforce Dell’s rights with Reseller and/or Customer under any such court order; and (b) Dell is entitled to recover from Reseller You the reasonable attorney fees resulting from this enforcement action. Reseller is You are liable for any return costs and shall reimburse Dell for the reasonable value of the APEX System (or any part thereof) that is not returned or is returned in a condition that evidences damage in excess of reasonable wear and tear.