Emergency Relocation. Notwithstanding Section 3.3, in the event of an emergency, as determined in Compass’ or Hosting Facility’s reasonable discretion, or other unforeseen circumstances, Compass and/ or Hosting Facility may rearrange, remove, or relocate Customer Hardware without any liability to Compass. Notwithstanding the foregoing, in the case of emergency, Compass shall provide Customer, to the extent practicable, reasonable notice in the event of rearranging, removing, or relocating the Customer Hardware. So long as Compass has been paid and ships the Customer Hardware for relocation as contemplated in this section, the risk of loss or damage during the repair process will be covered pursuant to Compass’ then-applicable cargo insurance, to the extent available.
Appears in 2 contracts
Sources: Hosting Service Agreement, Hosting Service Agreement