Examples of APEX System in a sentence
You will immediately notify Dell in writing if Your lenders or creditors or other third parties claim any rights to, or seek to take possession of, the APEX System.
You agree that upon expiration or termination for any reason: (a) Dell may seek a court order to enforce Dell’s right to recover the APEX System from Your Site; and (b) Dell is entitled to recover from You the reasonable attorney fees resulting from this enforcement action.
The APEX System will be identified as Dell’s and You will not remove, cover, or alter plates, labels or any other markings placed upon the APEX System by Dell.
If: (i) Dell terminates the APEX Service and/or any Related Services due to Your material breach or following Dell’s suspension of the APEX Service; or (ii) You return or surrender the APEX System without Dell’s prior permission before the end of the Subscription Term, then You will promptly pay Dell all fees due for the APEX Service and any Related Services through the remainder of the Subscription Term.
If requested by Dell, You will arrange for Your Colocation Site landlord to sign a landlord waiver agreement confirming Dell’s ownership of the APEX System and Dell’s right to access the APEX System in connection with the APEX Service and this Agreement.
Further, You cannot use the APEX System as collateral for a loan or as security against any debt.
Dell will ship the APEX System to the Site when included as part of the APEX Service.
The APEX System is NOT subject to any of the liens and security interests of Your lender(s).
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 terms and process for shipment and delivery of the APEX System will be stated in the applicable Service Offering Description.