[DEDIPATH] Letter from Evocative for hardware release

SparkedPaul

Link to the contract/letter

https://cdn.discordapp.com/attachments/1097185499799638019/1147275436720652380/Letter_Agreement_Re_Dedipath_Matter_-_Customer_Acknowledgements_DATED_September_1_202360.docx

MrRadic

Nice! Great to hear that they're working with everyone.

PureVoltage

Hopefully they are quick at helping everyone out. It should be interesting to see what they require to ensure who owns what there.
Sure this isn't the first time they've had to deal with this headache. Hopefully it's smooth as possible for everyone.

georgedatacenter

yes, but the process is going to be slower than I expected.

neverain

[DESIGNATED PARTY LETTERHEAD]

September 1, 2023

EvoDC, LLC (Evocative)
Attn: Legal Dept
600 W. 7th St. 
Suite 510
Los Angeles, CA 90017

    Re: Letter agreement pertaining to equipment located at Evocative Data Center 


[___________________________________] (“Designated Party”) has represented that the Designated Party previously entered into an agreement or arrangement with Dedipath, LLC (“Dedipath”), under which the Designated Party was leasing space for certain computing equipment identified on Schedule A hereto (the “Computing Equipment”). Such Computing Equipment was placed at a datacenter facility operated by EvoDC, LLC (and/or one or more of its affiliates, collectively, “Evocative”), pursuant to the terms of an agreement by and between Dedipath and Evocative. Dedipath failed to make required payments under the Agreement in breach of its obligations under its agreement with Evocative. Evocative has taken certain steps to secure and enforce its rights under the Agreement, including without limitation, restricting access to the Computing Equipment (collectively, the “Prior Actions”). Subject to the terms set forth herein, Evocative proposes to transfer to the Designated Party access and possession of the Computing Equipment, provided that Evocative determines that Evocative has sufficient information to rely on the representations set forth herein. As a condition to such transfer, the Designated Party hereby irrevocably agrees, acknowledges, and represents as follows: 

a.  Designated Party is the rightful owner of the Computing Equipment and exclusively owns all rights and interest in, and title to the Computing Equipment. 
b.  Any transfer of the Computing Equipment to the Designated Party will not violate the rights of any other party. 
c.  Designated Party hereby agrees to indemnify and defend Evocative, its officers, employees, directors, affiliates, and their agents (collectively, the “Evocative Parties”) against, and hold each and all of the Evocative Parties harmless from, any claims, damages or losses (of any nature whatsoever, including without limitation, attorneys’ fees and court costs) arising from, related to or in connection with (i) any inaccuracy of the representations made by the Designated Party hereunder; and/or (ii) Evocative providing Designated Party with access or possession of the Computing Equipment as contemplated herein. 
d.  Subject to Evocative providing Designated Party with access and possession of the Computing Equipment as contemplated herein, Designated Party hereby agrees and acknowledges that Evocative is not liable, and shall have no liability, for any damages, losses or harm (whatsoever): (i) that Designated Party may have (or claims to have) suffered or incurred due to or in connection with any Prior Actions; or (ii) to or on the Computing Equipment (or any portion thereof), it being understood that Evocative has no responsibility with respect to any of the Computing Equipment or the condition of the Computing Equipment (or any component thereof). 
e.  Evocative is hereby authorized to release and transfer physical possession of the Computing Equipment to the person identified as the “Authorized Party” on Schedule A hereto, it being understood that such Authorized Party shall be required to sign and complete any additional paperwork that may be required by Evocative to confirm such release and transfer of the Computing Equipment to such Authorized Party. 
f.  Evocative is and will be relying on the accuracy of each and all such representations and acknowledgements in relation to the Computing Equipment and any (and all) agreements or arrangements into which Evocative may enter with the Designated Party. 

This Letter shall be governed by, and construed in accordance with, the substantive law of the State of California applicable to contracts wholly made and to be performed within the State of California without regard to conflict of laws principals. Designated Party irrevocably submits to the sole and exclusive jurisdiction of the courts of the State of California and the Federal courts of Southern District of California, situated in the County of Los Angeles. 



“Designated Party”

[__________________________]






By: ______________________
Its: 




SCHEDULE A

Computing Equipment


Type / Name Serial Number   Model Number    Location    Description










Authorized Party: 




________________________



Address / Contact Information: 

________________________
________________________
________________________

so that you dont have to download the doc

John_M

Some of our customers was concerning about this couple days before. Good to see they got something out. Hopefully everything will have a smooth transition.

HostEONS

@SparkedPaul said:
Link to the contract/letter

https://cdn.discordapp.com/attachments/1097185499799638019/1147275436720652380/Letter_Agreement_Re_Dedipath_Matter_-_Customer_Acknowledgements_DATED_September_1_202360.docx

Did they agreed to handover your equipment ?

HostMayo

apparently yes.

HostEONS

@HostMayo said:
apparently yes.

So are they ready to ship it for a fees or they want you to pickup the hardware yourself?

SparkedPaul

@HostEONS said:

@HostMayo said:
apparently yes.

So are they ready to ship it for a fees or they want you to pickup the hardware yourself?

No they didn't agree to handover anything yet but I filled it out with everything I could and it sounds like I will be getting it. Idk I'd gladly go and pick it up I'm in Utah so cheap and quick flight to LA, plus I probs gotta move into a new dc there anyways