Common use of Delivery, Site, Use, Risk, and Return Clause in Contracts

Delivery, Site, Use, Risk, and Return. 1.1 Delivery; Site. Dell will ship the Products to the Site stated in the Order. Where software is provided in a form that is embedded on the Equipment, Dell will enable any required license keys by electronic means. Before arrival of the Products to the Site and during the Subscription Term, You must have arranged: (i) appropriate space at the Site; (ii) the necessary environment (power, cooling, etc.) required to support and operate the Products; and (iii) servers and network connectivity required to support Products. The Products may not be moved from the Site without Dell’s prior written consent. You grant or will obtain the right for Dell’s reasonable access to the Site for purposes of: (i) providing Services; (ii) metering; (iii) inspecting the Products; (iv) performing Asset Recovery; and (v) exercising Dell’s other rights set forth in this Agreement. In case the Equipment is installed at a Colocation Site, You guarantee that Dell has the right to exercise its rights concerning the Products stated above. You agree to hold Dell harmless from and against any and all disputes, claims or controversies (whether in contract, tort (including negligence) or otherwise) resulting from Your locating the Products at a Colocation Site.

Delivery, Site, Use, Risk, and Return. 1.1 2.1 Delivery; Site. Dell will ship the Products to the Site stated in the Order. Where software is provided in a form that is embedded on the Equipment, Dell will enable any required license keys by electronic means. Before arrival of the Products to the Site and during the Subscription Term, You must have arranged: (i) appropriate space at the Site; (ii) the necessary environment (power, cooling, etc.) required to support and operate the Products; and (iii) servers and network connectivity required to support Products. The Products may not be moved from the Site without Dell’s prior written consent. You grant or will obtain the right for Dell’s reasonable access to the Site for purposes of: (i) providing Services; (ii) metering; (iii) inspecting the Products; (iv) performing Asset Recovery; and (v) exercising Dell’s other rights set forth in this Agreement. In case the Equipment is installed at a Colocation Site, You guarantee that Dell has the right to exercise its rights concerning the Products stated above. You agree to hold Dell harmless from and against any and all disputes, claims or controversies (whether in contract, tort (including negligence) or otherwise) resulting from Your You locating the Products at a Colocation Site. Where software is provided in a form that is embedded on the Equipment, Dell will enable any required license keys by electronic means.