a. Customer equipment. Subject to the terms of this Agreement, which begin with the requested service date indicated in the order form and are subject to IEVOLVE approval, IEVOLVE undertakes to authorize the customer to place in the “Premises” John James Audubon Parkway, New York 14228 (the “Premises”) certain devices that are not available to the customer of IEVOLVE (the “customer`s” equipment). The client`s right to occupy the Co-Location space begins with the desired service date, as specified on the service contract form, or on the date IEVOLVE completes the construction of the premises, depending on the later date. The rights granted under this section 1, point a), are subject to the terms of an underlying lease agreement or other higher right by which IEVOLVE acquired its interest in the premises. The client accepts that this contract does not grant any ownership rights to the client on any of the premises. In the event that this agreement is established by an IEVOLVE lender in order to grant property rights to a premise, the client agrees either to obtain the agreement of the lessor IEVOLVE and, if necessary, to conclude an agreement approved by the renter IEVOLVE, or, at the request of IEVOLVE, to withdraw its customer equipment from the premises without delay. The customer is responsible for paying fees or fees collected by the owner of the IEVOLVE as a condition of obtaining his consent. g. assignment.
This contract and the rights and obligations arising from this contract are not transferred or transferred by the Client without the prior written consent of IEVOLVE. A transfer or assignment of this contract involves the sale of all the client`s assets or, for the most part, all of the client`s assets, or a change in the customer`s control. This agreement will benefit the parties and their respective beneficiaries and the approved beneficiaries of the transfer and will be binding on them. The main provisions of this comprehensive document concern the co-location services themselves, the maintenance and repair of the client`s hosted equipment, optional additional services and the client`s obligations. Important variables in the model, such as the exact nature of the co-location services, the details of the customer`s equipment, the details of the service provider`s facilities and the fees paid for the co-location services are all comfortably placed in a number of schedules at the end of the agreement. These should be completed with care and contain as much detail as possible. 10. Compensation.
The client releases, defended and unscathed IEVOLVE of all claims, claims, claims, damages, damages, liability, judgments, expenses and costs (including, but not limited to reasonable legal fees) arising from (i) the use of co-location space, customer equipment, IEVOLVE equipment or services, (ii) customer activity, (iii) claims, which relate to a violation of I. rules and rules, including, but not only, (a) violation or misappropriation of intellectual property rights, defamation, defamation, defamation, defamation, obscenity, pornography or violation of personality rights, or (b) spamming or other offensive, harassing or illegal conduct, (iv) any violation; (v) a violation or death of a person or damage to a property that is on the , co-location space, premises and/or building or land, to which the premises belong, either from (or in connection with) or in connection with the use of the co-location space by the customer, customer equipment, equipment provided by IEVOLVE or services, or (vi) an act or inaction of the customer that leads iEVOLVE to violate an agreement with the lessor IEVOLVE or (vii) violation of the laws or regulations.