Higher Up Resume Example

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Jessica Claire
  • Montgomery Street, San Francisco, CA 94105
  • Home: (555) 432-1000
  • Cell:
OWN RISK. Indemnification. Customer will defend, indemnify and hold harmless MH, its directors, officers, managers, members, employees, agents, affiliates and customers (collectively with MH, the "Covered Entities") from and against any and all costs, expenses, damages, losses and/or liabilities (including attorney fees) (collectively, "Costs") arising from or related to any claims, demands, suits or investigations made by or against any of the Covered Entities alleging: (i) infringement or misappropriation of any intellectual property rights; (ii) damage caused by or related to Customer's operations, including any violation of MH's or any Carrier's AUP (including the Anti-Spam Policy); (iii) any damage or destruction to the Colocation Space, the Premises, MH equipment or to another MH customer which damage is caused by or results from acts or omissions by Customer or any Customer Representative; (iv) any property damage or personal injury to any Customer Representative arising out of such individual's activities at the Premises; (v) any damage arising from or related to the Customer Equipment or Customer's business; or (vi) any warranties provided by or through Customer to any third parties regarding the Colocation Space, the Colocation Services or the Carrier Services (collectively, the "Covered Claims"). In the event of a Covered Claim, the Covered Entity may select its own counsel to participate in the defense of such Claim. Customer will not settle a Covered Claim in a manner that imposes liability or obligation upon a Covered Entity. Miscellaneous Provisions. Force Majeure. Except for the payment of money, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, loss of the Premises (in whole or part) for any reason, governmental act or failure of the Carrier or the Internet. No Lease. Customer has not been granted any real property interest in the Colocation Space or the Premises, and Customer has no rights as a tenant or otherwise under any real property or landlord/tenant laws or regulations. Customer will not record any notice of this Agreement. Customer will not permit any liens to be placed on the Premises or portion thereof and will have any such liens immediately removed.
Core Qualifications
  • Manythings to do
  • possibly nothing
    • but always something
  • Technical help desk experience
  • stuff that would go here
  • more stuff that would go not here
  • Sun Certified Java Developer (SCJD)
Technical Skills
Windows, Unix, Linux, Mac OSX, VMWare Large 2 2012
Professional Experience
Higher up, 01/2016 to 05/2016
One PlaceCity, STATE,
  • Colocation Facilities Agreement This Colocation Facilities Agreement is made by and between Mining Hosting, LLC, a Missouri limited liability company ("MH") and the customer indicated in the signature block below ("Customer").
  • This Colocation Facilities Agreement is effective as of the date of MH's signature below (the "Effective Date"); provided that neither party will be bound until both parties have signed.
  • Services.
  • Definitions.
  • Agreement" means a collective reference to this Colocation Facilities Agreement and any service orders ("Service Orders") attached hereto by the parties from time to time.
  • Colocation Space" means the colocation space identified in the Service Order.
  • Colocation Services" means a collective reference to the Colocation Space together with associated power, cooling, Carrier Services and other services to be provided by MH pursuant to a Service Order.
  • Carrier Services" means a collective reference to internet, transport and other services provided by one or more third party telecommunications carriers (each a "Carrier") which are resold to Customer by MH.
  • Customer Equipment" means the computer equipment, software, hardware and other materials placed by or for Customer in the Colocation Space, other than MH equipment.
  • Capitalized terms not defined herein have the meaning provided in the Service Order.
  • Service Orders.
  • From time to time, the parties may execute Service Orders which reference this Agreement and this Agreement is hereby incorporated into such Service Orders.
  • This Agreement will govern over any inconsistent terms and conditions contained in a Service Order.
  • For clarity, each Service Order is a separate and distinct agreement between MH and Customer.
  • Commencement of Services.
  • The "Commencement Date" for the Colocation Space and the Colocation Services will be the earlier of: (i) the date MH makes the Colocation Space available to Customer or (ii) the date Customer places any Customer Equipment in the Colocation Space.
  • The Commencement Date for Carrier Services will be the date on which the Carrier Services are made available to Customer by the applicable Carrier.
  • Colocation Space.
  • License Grant.
  • Starting on the Commencement Date, MH hereby grants Customer a limited, revocable license to operate the Customer Equipment within the Colocation Space and for no other purpose.
  • Installation and Removal.
  • MH will install and remove Customer Equipment from the Colocation Space (by placing the Customer Equipment in storage at Customer's risk and expense).
  • Once MH has removed the Customer Equipment from the Colocation Space, Customer will either promptly: (a) remove such Customer Equipment from the MH premises ("Premises"); or (b) provide shipping instructions to MH for the Customer Equipment via a carrier paid for by Customer.
  • If Customer fails to provide such shipping instructions (or to prepay for the carrier) or to remove the Customer Equipment from the Premises within thirty (30) days (or such other longer time as required by law) after MH has removed such Customer Equipment from the Colocation Space, MH may dispose of any such Customer Equipment in any manner.
  • Access.
  • Upon written request at least 24 hours in advance, MH will allow identified Customer Representatives (defined below) access the Colocation Space during MH's business hours.
  • All access to the Premises will be in accordance with MH's security and access procedures.
  • Customer is responsible for any and all actions of Customer's representatives, agents and persons escorted by or on behalf of Customer (collectively, "Customer Representatives").
  • MH may suspend access by any Customer Representative or other person to the Premises including the Colocation Space for security or other violations of MH's security or access procedures or in the event of an emergency.
  • MH will promptly notify Customer in the event any such suspension occurs.
  • Additional Services.
  • MH may, in its sole discretion, assist Customer in performing light duties or correcting minor problems with respect to the Customer Equipment, at no additional charge.
  • MH may, in its sole discretion, assist Customer in performing other duties, pursuant to a separately executed professional services agreement.
  • Removal of Customer Equipment.
  • Customer will provide MH with notice at least two (2) business days before Customer desires to have MH remove a significant piece of Customer Equipment from the Colocation Space.
  • Vacating the Colocation Space.
  • MH, in its sole discretion, may permit Customer to continue its presence in the Colocation Space after the termination of the applicable Service Order or this Agreement.
  • In such an event, Customer will be subject to all the terms and provisions of this Agreement during such occupancy period, except that Customer will pay an amount equal to MH's then current month to month rate.
  • No occupancy of the Colocation Space or payments of money by Customer after termination will prevent MH's from immediately removing the Customer Equipment and recovering the Colocation Space.
  • Relocation of Customer Equipment.
  • MH may relocate the Customer Equipment (and thereby cause an outage not to exceed 48 hours); provided that the relocation site will afford comparable environmental conditions for and accessibility to the Customer Equipment.
  • The reasonable direct costs of the relocation will be borne by MH unless the relocation is required to accommodate Customer's requests or the physical requirements of the Premises.
  • Cross-Connections/Carrier Services.
  • All cross-connections will be installed by MH in accordance with MH current processes and procedures.
  • Customer will notify MH when Customer desires to terminate or modify any cross-connections.
  • Customer acknowledges that the Carrier Services will be provided by one or more third party Carriers who are not under the control of MH and hereby waives any and all claims against MH for the performance or non-performance of the Carriers even when resold by MH.
  • Fees and Billing.
  • Recurring MRC.
  • Customer will pay the minimum Monthly Recurring Charges indicated on the Service Order and all other amounts indicated in this Agreement (collectively, the "MRC").
  • MRC may increase any such amount, in its sole discretion, following the completion of any Service Commitment Period identified in any Service Order.
  • Non-Recurring Charges.
  • Non-Recurring Charges ("NRC") are due and payable upon execution of the Service Order by MH.
  • Along with the NRC, Customer will deliver to MH any security deposit identified in any applicable Service order ("Security Deposit"), which will be promptly returned to Customer upon expiration or termination of this Agreement, or applied against any amount owed by Customer.
  • In the event, MH needs to utilize all or any part of the Security Deposit, Customer agrees to replenish the Security Deposit within five (5) business days.
  • MH will not have any obligation to perform under any Service Order unless and until MH receives the NRC and the Security Deposit.
  • Timing of Payment.
  • MH will invoice Customer monthly for MRC, in arrears, and Customer will pay such invoice on or before the first day of each month.
  • MRC and any other sums not paid within five (5) days after the first day of the month are subject to a late fee of five percent (5%) of the amount due plus an interest charge on the outstanding balance equal to the lower of one and one-half percent (1.5%) per month or the maximum allowable rate under applicable law.
  • Customer will pay the expenses MH may incur in collection efforts including any attorneys' fees.
  • Additionally, MH reserves its rights in law and in equity, including the ability to collect the MRC for the balance of the Service Commitment Period.
  • Bankruptcy/Insolvency.
  • If Customer fails to make any payments hereunder, or if a petition is brought by or against Customer under any state or federal insolvency law, MH may modify the payment terms to secure Customer's payment obligations before providing any services.
  • Customer hereby grants MH a security interest in the Customer Equipment to secure Customer's obligations hereunder.
  • Upon request, Customer will execute any documents intended to perfect MH's security interest.
  • Taxes.
  • NRC and MRC are exclusive of applicable taxes, duties and similar charges.
  • Customer will be responsible for and will pay in full all such amounts (exclusive of income taxes payable by MH), whether imposed on MH or directly on Customer.
  • Additional Responsibilities.
  • Customer Equipment.
  • Customer has sole control and responsibility for the testing and operation of the Customer Equipment (including services not provided by MH).
  • In no event will the untimely installation or non-operation of Customer Equipment relieve Customer of its obligation to pay MRC.
  • Customer's End Users.
  • Customer is solely responsible for providing its end users with customer service.
  • Compliance with Law/AUP.
  • Customer will at all times fully comply with and faithfully carry out all laws, statutes, ordinances, regulations, promulgations and mandates of all duly constituted authorities applicable to the operations of its business, and any failure to do so will constitute a default under this Agreement if not cured within the cure period set forth in Section 5.
  • Customer will at all times maintain in good standing and effect all necessary and proper business licenses and other licenses and permits relating to its business operations.
  • Customer acknowledges that MH exercises no control over the content of the information passing through the Customer's telecommunications network and that it is Customer's sole responsibility to ensure that the information Customer transmits and receives complies with all applicable laws and regulations.
  • Customer will cooperate with any investigation by any governmental authority or MH, and will immediately rectify any illegal use, failure to do so will be in material breach of this Agreement.
  • Customer's use of the Colocation Space and operations therein will comply with MH's and each Carrier's then current Acceptable Use Policy (each an "AUP").
  • Storage, processing or transmission of any material in violation of any law, regulation or an AUP is strictly prohibited.
  • Customer will ensure that any access made to other networks must comply with the rules of the other network and the AUP.
  • Term and Termination.
  • Term.
  • This Agreement is effective as of the Effective Date and will remain in effect until expiration of the last Service Order (including any month to month extension of any such Service Order) issued hereunder unless terminated earlier as set forth in this Section 5.
  • Each Service Order starts on the Service Commencement Date identified in such Order and continues for the Service Commitment Period identified in such Order, unless terminated earlier as set forth in this Section 5.
  • After the conclusion of the Service Commitment Period, each Service Order will automatically renew on a month-to-month basis (subject to the pricing set forth in Section 3.1) unless a new Service Commitment Period is established.
  • Conditions of Breach.
  • A party is in breach of this Agreement if such party violates its obligations under this Agreement and such failure is not cured within thirty (30) days after notice by the other party (excepting payment obligations which are breached if not paid on the due date specified in Section 3.3).
  • Certain Remedies for Breach.
  • If Customer is in breach of this Agreement, MH may discontinue providing any or all of the Colocation Services, Carrier Services and deny access to the Premises.
  • If MH is in breach of this Agreement, then prior to the cure of such breach, Customer may terminate the breached Colocation Services at no penalty and pay only the MRC for such services through the termination date.
  • Service Commitment Period.
  • Subject to Section 5.2 and 5.3, Service Orders are non-cancellable by Customer during the Commitment Period.
  • As a material inducement for MH to enter into this Agreement and each Service Order, Customer acknowledges, agrees and covenants that (i) Customer is responsible for full payment of the services for the entire Commitment Period regardless of the portion of the services actually consumed; and, (ii) termination of the Service Order or this Agreement (other than for breach by MH) or suspension of services as permitted in this Agreement will not relieve Customer of its obligation to pay the full MRC for the duration of Commitment Period (subject to any applicable Service Credits).
  • Network Protection.
  • In the event of an emergency and to the extent necessary to protect the any MH network or to remedy AUP violations, MH may temporarily restrict or suspend Customer's rights under this Agreement, including the Colocation Services and Carrier Services, without liability to Customer.
  • MH will use reasonable efforts to notify Customer prior to any such restriction or suspension and will notify Customer promptly when such restriction or suspension is no longer necessary.
  • Suspension of Colocation Services and/or Carrier Services pursuant to this Section will not be a violation of this Agreement.
  • Effect of Termination.
  • Upon termination of this Agreement: (i) MH may immediately cease providing all services; and (ii) all MRC will become immediately due and payable.
  • Resale.
  • Customer may not sub-license the Colocation Space without first receiving MH's prior written approval.
  • Sub-licensing by Customer of any or all of the Colocation Space will not relieve or in any way diminish Customer's liability and obligations hereunder.
  • Insurance.
  • At all times, Customer will maintain appropriate insurance that is of an amount at least equal to the full replacement value of the Customer Equipment; and, any business loss and interruption insurance in an amount sufficient to compensate Customer for loss of the Colocation Services or the Carrier Services.
  • Customer retains the risk of loss for, loss of (including loss of use), or damage to, the Customer Equipment and other personal property located in the Premises.
  • MH's insurance policies do not provide coverage for Customer's personal property.
  • Customer will not and will cause the Customer Representatives to not pursue any Claims against MH unless and until Customer or the Customer Representative, as applicable, first files a claim against Customer's insurance policy and the applicable insurance provider(s) finally resolve such claims.
  • Customer will name MH as an additional insured on all general liability insurance policies, such policies may not be cancelled without thirty (30) days prior notice to MH and Customer will provide policy endorsements upon request.
  • Customer will ensure that each policy required hereunder contains a waiver of subrogation provision for the benefit of MH.
  • Limitations of Liability; Warranties.
  • Personal Injury.
  • Each Customer Representative and any other person visiting the Premises does so at his or her own risk and MH will not be liable for any harm to such persons.
  • Liability.
  • In no event will MH be liable to Customer, any third party or otherwise, for any incidental, special, punitive, indirect or consequential damages, including lost revenue, lost profits, DAMAGE TO CUSTOMER EQUIPMENT, loss of technology, loss of data, non-deliveries, or IN ANY WAY RELATED TO THE serviceS, even if advised of the possibility of such damages, whether under ANY theory of contract, tort (including negligence), strict liability or otherwise.
  • Warranties.
  • Both parties represent and warrant that they have full corporate power and authority to execute and deliver this Agreement and to perform their obligations under this Agreement and the person whose signature appears on the Service Order is authorized to enter into this Agreement on behalf of the respective party.
  • The Colocation Space itself is provided on an "AS-IS" basis.
BBA: Accounting, Expected in 2015
A location - Dallas, Texas
 Academic Achievement Award
  • No Waiver.
  • No term or provision of this Agreement will be deemed waived and no breach or default will be deemed excused unless such waiver or consent is in writing and signed by the parties.
  • A consent to waiver of or excuse for a breach or default by either party, whether express or implied, will not constitute a consent to, waiver of, or excuse for any different or subsequent breach or default.
  • Relationship of Parties.
  • MH and Customer are independent contractors and this Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between MH and Customer.
  • Neither MH nor Customer will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent.
  • Choice of Law.
  • This Agreement will be construed in accordance with and all disputes hereunder will be governed by the laws of the State of Colorado, excluding its conflict of law rules and the parties hereby consent to the exclusive jurisdiction of the state and federal courts located in and for Denver, Colorado.
  • Entire Agreement.
  • This Agreement represents the complete agreement of the parties with respect to the subject matter herein, and supersedes any other agreement or understanding, written or oral.
  • This Agreement may be modified only through a written instrument signed by both parties.
  • There are no third party beneficiaries to this Agreement.
  • Except as expressly stated herein, all rights and remedies herein are cumulative and without prejudice to each other or any other remedies available in law or equity.
  • Severability.
  • In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be reformed and enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect.
  • Headings/Interpretation.
  • Headings in this Agreement are for reference purposes only and in no way define, limit, or describe the scope or extent of a Section or in any way affect this Agreement.
  • The word "including" will be read as "including without limitation." No provision of this Agreement will be construed against or interpreted to the disadvantage of any party by any court or other authority by reason of such party having or being deemed to have drafted such provision.
  • Survival.
  • The provisions of Sections 3.3, 3.5, 5.6, 8, 9, and 10 will survive the expiration or termination of this Agreement for any reason, along with all indemnity obligations hereunder.
  • Counterparts.
  • This Agreement may be executed in counterparts with the same force and effect as if each party had executed the same instrument, provided that no party will be bound until both parties have executed and delivered a counterpart of this Agreement to the other.
  • WHEREFORE, intending to be bound, the parties have executed this Colocation Facilities Agreement through their authorized representative as of the dates set forth below.
  • Mining Hosting, LLC By: Name: Title: Date: Address: [To Be Completed] Customer]_________________________________ By: Name: Title: Date: Address: Colocation Facilities Agreement.
AS SET, balance, Billing, bind, business operations, hardware, content, customer service, electronic mail, equity, FORTH, grants, Insurance, Law, materials, Access, mail, money, 3.1, NETWORK, networks, policies, pricing, processes, EXPRESS, receiving, requirement, shipping, Taxes, telecommunications, transmission, written

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