Customer-Provided Equipment (CPE). Company shall have no obligation to install, operate, or maintain CPE. Customer alone shall be responsible for providing maintenance, repair, operation and replacement of all inside telephone wiring and equipment and facilities on the Customer’s side of the Demarcation Point. All CPE and wiring that Customer uses in connection with the Facilities must be fully compatible with the Facilities. Customer shall be responsible for the payment of all charges for troubleshooting, maintenance or repairs attempted or performed by Company’s employees or authorized contractors when the difficulty or trouble report results from CPE.
Customer-Provided Equipment (CPE). (a) CPE and Software Ordering. Except as set forth in the Service Description or unless the parties agree in writing otherwise, Customer is solely responsibility for the ordering, installation, operation and Service compatibility of all CPE required to enable Customer to receive the Service. Prior to installation and thereafter upon 5NINES’ reasonable request, Customer will provide 5NINES an updated list of all CPE installed or to be installed in the Premises. If requested by Customer, 5NINES shall, subject to availability and on Customer’s behalf, obtain certain CPE (which also may include Software and/or other materials). Any CPE provided to Customer by 5NINES shall be provided pursuant to the terms and conditions of a separate agreement or order form. If any CPE or Software not provided by 5NINES impairs Customer’s use of any Service: (a) Customer shall remain liable for the payment of all Service charges; and (b) any applicable Service specifications or service levels may not apply. All CPE and Software provided by 5NINES are subject to the terms, rights and warranties set forth in the manufacturer’s or publisher’s warranty or end-user license applicable to such CPE or Software, with no warranty of any kind from 5NINES. In the event that Customer files a petition in bankruptcy, has an involuntary petition in bankruptcy filed against it, becomes insolvent, is unable to pay its liabilities when and as due, or if any of the foregoing are announced by Customer as planned or expected, then in such event 5NINES will have a security interest in the CPE and other Customer property located in the Data Center for purposes of securing any amounts owed by Customer to 5NINES.
