Vendor Terms and Agreements
Cyrusone Terms and Conditions Germany Specific Provisions
If the Seller is located in Germany, the country-specific provisions below will replace the equivalent provisions in the CyrusOne Online Terms and Conditions as follows:
9. Intellectual Property.
Subsection 9 i b. 2. (“Assignment”) is deleted and replaced by the following:
2. Assignment. If any Work Product cannot, by operation of applicable law, be considered automatically and exclusively vested in Buyer, Seller undertakes to and hereby does assign, transfer, and convey the worldwide right, title, and interest in and to the Work Product, including the Intellectual Property Rights arising out of or embodied by the Work Product to Buyer, including without limitation the right to sue, counterclaim, and recover for all past, present, and future infringement, misappropriation, or dilution of Intellectual Property Rights, and all rights corresponding to such Intellectual Property Rights throughout the world. This assignment shall become effective immediately upon the earlier of execution of this Agreement or creation of the Work Product, without the need for further consideration or written agreement between the parties. Notwithstanding the aforesaid and to the extent necessary under applicable law, the Buyer hereby accepts the respective assignment.
Subsection 9 i b. 4. (“Moral Rights.”) is deleted and replaced by the following:
4. Moral Rights. Seller hereby agrees to take care that any and all claims Seller may now or hereafter have in any jurisdiction to all rights of paternity, attribution, integrity, disclosure, and withdrawal and any other rights that may be known as “moral rights” with respect to all Work Product and all Intellectual Property Rights arising out of the foregoing, will not be asserted.
25. Dispute Resolution And Governing Law
Subsection 25 iv. (“Dispute Resolution Procedure”) is supplemented by the following subsection d (“Injunctive Relief”):
d. Injunctive Relief: Notwithstanding the aforesaid in this section 25 iv, nothing in this Agreement shall prevent either party to obtain for injunctive relief from a competent court.
Insurance Requirements
Commercial General Liability/ Bodily Injury/Property Damage
€5,000,000 Per Occurrence
€10,000,000 Aggregate
€10,000,000 Products/Completed Operations Insurance
Commercial Automobile Liability
€50,000,000 combined single limit for bodily injury and property damage.
Workers Compensation – In accordance with the State Scheme
Employer’s Liability – In accordance with the State Scheme
Other requirements:
Waiver of Subrogation applied in favor of CyrusOne on Public Liability / General Liability policy.
Additional Insured status applied in favor of CyrusOne on Public Liability / General Liability policy.
