Non-Dell Colocation Site Clause Samples

The Non-Dell Colocation Site clause defines the terms and conditions that apply when services or equipment are provided at a location not owned or operated by Dell. This clause typically outlines the responsibilities of both parties regarding access, security, and maintenance at third-party or customer-controlled sites. By specifying these requirements, the clause ensures that both Dell and the customer understand their obligations and limitations when services are delivered outside of Dell-managed facilities, thereby reducing the risk of misunderstandings or operational issues.
Non-Dell Colocation Site. 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). 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.
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Non-Dell Colocation Site. If You locate the APEX System at a non-Dell provided Colocation Site, then You will be responsible for ensuring that Dell has the required level of access required in Clause 7.2 – Part A (Site Access) to the non- Dell provided Colocation Site. 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 APEX System at a non-Dell provided Colocation Site.
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Related to Non-Dell Colocation Site

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Switched Exchange Access Service traffic is not Tandem Transit Traffic. 12.2 Tandem Transit Traffic Service provides Onvoy with the transport of Tandem Transit Traffic as provided below. 12.3 Tandem Transit Traffic may be routed over the Interconnection Trunks described in Sections 2 through 6 of this Attachment. Onvoy shall deliver each Tandem Transit Traffic call to Frontier’s Tandem with CCS and the appropriate Transactional Capabilities Application Part (“TCAP”) message to facilitate full interoperability of CLASS Features and billing functions. 12.4 Onvoy may use Tandem Transit Traffic Service only for traffic that originates on Onvoy’s network and only to send traffic to an Other Carrier with whom Onvoy has a reciprocal traffic exchange arrangement (either via written agreement or mutual tariffs) that provides for the Other Carrier, to terminate or complete traffic originated by Onvoy and to bill Onvoy, and not to bill Frontier, for such traffic. 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Upon receipt of such notice, Onvoy shall immediately stop using Frontier’s Tandem Transit Traffic Service to send any traffic to such Other Carrier until it has provided to Frontier certification that the Other Carrier has removed such billed charges from its bill to Frontier and that the Other Carrier will not bill Frontier for any traffic originated by Onvoy. Such certification must be signed by an authorized officer or agent of the Other Carrier and must be in a form acceptable to Frontier. 12.6 If Onvoy uses Tandem Transit Traffic Service for traffic volumes that exceed the Centum Call Seconds (Hundred Call Seconds) busy hour equivalent of 200,000 combined minutes of use per month (a DS1 equivalent) to the subtending End Office of a particular Other Carrier for any month (the “Threshold Level”). Onvoy shall use good faith efforts to establish direct interconnection with such Other Carrier and reduce such traffic volumes below the Threshold Level. If Frontier believes that ▇▇▇▇▇ has not exercised good faith efforts promptly to obtain such direct interconnection, either Party may use the Dispute Resolution processes of this Agreement. 12.7 If Onvoy fails to comply with Section 12 of this Attachment, such failure shall be a material breach of a material provision of this Agreement and Frontier may exercise any and all remedies under this Agreement and Applicable Law for such breach. 12.8 If or when a third party carrier plans to subtend an Onvoy switch, then Onvoy shall provide written notice to Frontier at least ninety (90) days before such subtending service arrangement becomes effective so that Frontier may negotiate and establish direct interconnection with such third party carrier. Upon written request from Frontier, Onvoy shall offer to Frontier a service arrangement equivalent to or the same as Tandem Transit Traffic Service provided by Frontier to Onvoy as defined in this Section such that Frontier may terminate calls to a Central Office or its equivalent of a CLEC, ILEC other than Frontier, CMRS carrier, or other LEC, that subtends an Onvoy Central Office or its equivalent (“Reciprocal Tandem Transit Service”). Onvoy shall offer such Reciprocal Transit Service arrangements under terms and conditions of an amendment to this Agreement or a separate agreement no less favorable than those provided in this Section. 12.9 Neither Party shall take any actions to prevent the other Party from entering into a direct and reciprocal traffic exchange arrangement with any carrier to which it originates, or from which it terminates, traffic.

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  • Termination/Access Restriction We Have A Match For You reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and We Have A Match For You as a result of this agreement or use of the Site. We Have A Match For You's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of We Have A Match For You's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by We Have A Match For You with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and We Have A Match For You with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and We Have A Match For You with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.