"Christopher A. Woodfield" wrote:
I've heard anecdotal evidence that Exodus has a clause buried in at least some of their contracts that effectively prohibits the customer from removing their equipment from their facilities in the event of bankruptcy. Not the customer filing Ch. 7/11, but EXODUS going bankrupt. Furthermore, it appears that as they have indeed filed Chapter 11, they are actively enforcing this, at least at their Northern Virginia facility.
Has anyone else heard of this or been affected by this? Exodus customers, can any of you look up your contracts and see if you can dig this up? I'm interested in hearing the exact language, if it is indeed a standard clause...I'm thinking there's no way that this could be enforceable, although it would probably take a TRO to get them to let customers claim their gear.
-Chris
Having personal experience with a facilities-based providers' bankruptcy, I can say that generally an asset management company becomes involved, and from that point forward the company has very strict asset tracking measures in place. Exodus will probably not limit what can be removed, but they will surely extensively document the removal of equipment (probably more carefully than before) ... which, at first glance, might look as if they're trying to prohibit the removal of equipment. Grant -- Grant A. Kirkwood - grant@virtical.net Chief Technology Officer - Virtical Solutions, Inc. http://www.virtical.net/