10.1. Termination For Cause. Either party may terminate this Agreement if: (i) the other party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the same, except in the case of failure to pay fees, which must be cured within five (5) days after receipt of written notice from Exodus; (ii) the other party becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors; or (iii) the other party becomes the subject of an involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors, if such petition or proceeding is not dismissed within sixty (60) days of filing. Customer may also terminate this Agreement for cause in accordance with the terms set forth in paragraph 5.2(f) ("Termination Option For Chronic Problems") of this Agreement. So unless they have changed the agreement or this was a special agreement for us, then the clients can vacate. Allen Baragar C.C.A. Technical Analyst - Hosting Bridgeway Software, Inc. Abaragar@Bridge-way.com 713.599.8361 -----Original Message----- From: owner-nanog@merit.edu [mailto:owner-nanog@merit.edu]On Behalf Of Christopher A. Woodfield Sent: October 01, 2001 04:52 PM To: nanog@merit.edu Subject: Exodus "locking down" customer gear due to bankruptcy? 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 --------------------------- Christopher A. Woodfield rekoil@semihuman.com PGP Public Key: http://pgp.mit.edu:11371/pks/lookup?op=get&search=0xB887618B