In accordance with Switch’s Sustainability guidelines, the following is Switch’s Recycling Acknowledgement Policy (the “Policy”) regarding the abandonment, removal and/or disposal of Customer Equipment as that term is defined in Switch’s standard Colocation Facilities Agreement, and/or as defined in the governing agreements with Switch (collectively, the “Equipment”) at one of Switch’s Facilities.

If You chose to leave any materials or Customer Equipment at a Switch Facility without first separately hiring a third party to recycle and dispose of your Equipment (several vendor options are below in Schedule 1), then subject to your agreements with Switch and/or within three (3) days after such abandonment, Switch will dispose of all such Equipment. Switch WILL NOT PROVIDE YOU WITH A SECOND NOTICE BEFORE THE DISPOSAL OCCURS.

Should you choose to ask or require Switch to coordinate the removal and disposal of your Equipment, then Switch will invoice you for all related fees and any other associated costs for the removal and disposal of any Equipment. Unless Switch agrees otherwise, Switch is not and will not be responsible for or required to protect perform any removal, destruction or recycling of any data on the Equipment.

By leaving the property with Switch after termination of relevant agreements with Switch governing the Colocation Space where the Customer Equipment resides, you agree the abandoned Equipment does not contain any Customer or personal information, confidential, sensitive or proprietary data or information. You further expressly waive any entitlement to take any action, make any claim or institute any lawsuit pertaining to the abandoned Equipment. You hereby give Switch full and final release pertaining to any such claim, action, lawsuit, debt, demand or obligation of any nature whatsoever arising from the removal and disposal of abandoned Equipment.

No modification or addition to this Policy shall be effective unless it is in writing signed by you and Switch. Each provision of this Policy shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this waiver is construed to be prohibited or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, and without invalidating the remainder of such provision or the remaining provisions of this waiver. The failure or delay by either party to exercise any right or pursue any remedy under this Policy or otherwise, shall not operate as a Policy of any such right or remedy. This Policy shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. This Policy shall be construed in accordance with and all disputes hereunder shall be governed by the laws of the state wherein the Equipment is located, excluding its conflict of law rules.

If you have a Colocation Facility Waiver and Lessor has an ownership interest or a lien and security interest in the Equipment within the Colocation Space (the “Collateral”) in connection with a loan or lease of such Collateral by Lessor to You, Switch will not be responsible for the liability associated with any lien or security interest between the you and the Lessor. As also noted in the Colocation Facility Waiver, in the event Lessor removes the Collateral, Lessor acknowledges, agrees and covenants to receive the Collateral “AS IS”, and “WHERE IS”, without guarantee as to quality, quantity, or value.

Schedule 1
NOTE: Switch DOES NOT ENDORSE OR VALIDATE THE QUALITY OR INTEGRITY OF ANY SERVICE PROVIDERS BELOW. THIS IS SIMPLY A LIST FOR CUSTOMER CONVENIENCE. Switch PROVIDES NO WARRANTY OR GUARANTEE OF ANY KIND.