[43175] in North American Network Operators' Group

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Exodus "locking down" customer gear due to bankruptcy?

daemon@ATHENA.MIT.EDU (Christopher A. Woodfield)
Mon Oct 1 17:52:35 2001

Date: Mon, 1 Oct 2001 17:52:17 -0400
To: nanog@merit.edu
Message-ID: <20011001175217.C27627@semihuman.com>
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From: "Christopher A. Woodfield" <rekoil@semihuman.com>
Errors-To: owner-nanog-outgoing@merit.edu


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

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