Equipment and Installation. A. Unless specifically provided for otherwise herein, Supplier or its agents, shall, at Supplier's sole cost and expense, provide, install, maintain, repair, operate and control (and whenever Supplier determines it to be appropriate, remove) all of Supplier's Equipment required for the provision of Services. Supplier reserves the right to substitute, change or rearrange any of Supplier's Equipment provided that the quality, cost or type of Services are not materially and adversely affected. B. With respect to each Service provided to Customer, equipment and service beyond the Point of Demarcation shall be the sole responsibility and expense of Customer. C. With respect to each Service provided to Customer, Customer and the End User shall provide Supplier and its agents and contractors, at no cost to Supplier or its agents or contractors, all necessary or appropriate access to (including, without limitation access for purposes of removing any of Supplier's Equipment whenever Supplier determines it to be appropriate), and all necessary or appropriate space, power and environmental conditions at, the Point of Demarcation, including, but not limited to (i) roof, window, equipment, battery and conduit space, (ii) heating, ventilation and air conditioning, and (iii) protection from fire and other casualties, as applicable for the particular installation (or removal). Where the granting of access or right-of-way to Supplier and its agents and contractors requires the consent or approval of third parties, Customer shall use (and shall cause End Users to use) its (or their) best efforts to obtain such consent or approval on behalf of Supplier and its agents and contractors. D. Whenever possible, Supplier shall provide at least twenty-four (24) hours notice to Customer prior to entering Customer's POP to install, maintain, repair, replace or remove any of the Supplier's Equipment. If it is not possible to provide such notice, Supplier shall provide notice to Customer as soon as practicable. All of the foregoing is subject to the terms of Section 8 and Attachment 4. E. Except as set forth in Section 6.A, Supplier shall have no obligation to install, maintain or repair any equipment owned or provided by Customer, any End User or any other party. F. Neither party shall adjust, align, attempt to repair, relocate or remove the other party's equipment, except as expressly authorized by the other party. G. Customer shall be liable for any loss or damage, including theft, to Supplier's Equipment to the extent that such loss or damage is the result of Customer's or an End User's or their respective employees', agents' or contractors' negligent acts or omissions, willful misconduct, or breach of the terms of this Agreement. In the event of any such loss or damage to Supplier's Equipment, Customer shall reimburse Supplier for the reasonable cost of repair of Supplier's Equipment, or the replacement thereof, within thirty (30) days after receipt by Customer of a written request for reimbursement and substantiation of actual repair or replacement costs incurred. H. Supplier shall be liable for any loss or damage, including theft, to Customer's or an End User's equipment to the extent that such loss or damage is the result of Supplier's or its employees', agents' or contractors' negligent acts or omissions, willful misconduct, or breach of the terms of this Agreement. In the event of any such loss or damage to any such equipment, Supplier shall reimburse Customer or the End User, as the case may be, for the reasonable cost of repair of the equipment, or the replacement thereof, within thirty (30) days after receipt by Supplier of a written request for reimbursement and substantiation of actual repair or replacement costs incurred. I. Supplier's Equipment shall remain the sole and exclusive property of Supplier, and nothing contained herein shall give or convey to Customer, any End User or any other person, any right, title or interest whatsoever in Supplier's Equipment. Supplier's Equipment shall at all times be and remain personal property, notwithstanding that it may be or become attached to or embedded in real property. Customer shall not, and will cause each End User to not, tamper with, remove or conceal any identifying plates, tags or labels affixed to Supplier's Equipment. Customer will not, and will cause End Users to not, cause or permit Supplier's Equipment to be or become encumbered by any liens, security interests or other encumbrances. Customer will do or cause to be done all acts and things that Supplier may reasonably request to assure that the terms of this Section are satisfied. J. Customer's equipment shall remain the sole and exclusive property of Customer, and nothing contained herein shall give or convey to Supplier, or any other person, any right, title or interest whatsoever in Customer's equipment. Customer's equipment shall at all times be and remain personal property, notwithstanding that it may be or become attached to or embedded in real property. Supplier shall not tamper with, remove or conceal any identifying plates, tags or labels affixed to Customer's equipment. Supplier will not cause or permit Customer's equipment to be or become encumbered by any liens, security interests or other encumbrances. Supplier will do or cause to be done all acts and things that Customer may reasonably request to assure that the terms of this Section are satisfied.
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Samples: Master Services Agreement (IElement CORP), Master Services Agreement (IElement CORP), Master Services Agreement (IElement CORP)
Equipment and Installation. A. Unless specifically provided for otherwise herein, Supplier or its agents, shall, at Supplier's sole cost and expense, provide, install, maintain, repair, operate and control (and whenever Supplier determines it to be appropriate, remove) all of Supplier's Equipment required for the provision of Services. Supplier reserves the right to substitute, change or rearrange any of Supplier's Equipment provided that the quality, cost or type of Services are not materially and adversely affected.
B. With respect to each Service provided to Customer, equipment and service beyond the Point of Demarcation shall be the sole responsibility and expense of Customer.
C. With respect to each Service provided to Customer, Customer and the End User shall provide Supplier and its agents and contractors, at no cost to Supplier or its agents or contractors, all necessary or appropriate access to (including, without limitation access for purposes of removing any of Supplier's Equipment whenever Supplier determines it to be appropriate), and all necessary or appropriate space, power and environmental conditions at, the Point of Demarcation, including, but not limited to (i) roof, window, equipment, battery and conduit space, (ii) heating, ventilation and air conditioning, and (iii) protection from fire and other casualties, as applicable for the particular installation (or removal). Where the granting of access or right-of-way to Supplier and its agents and contractors requires the consent or approval of third parties, Customer shall use (and shall cause End Users to use) its (or their) best efforts to obtain such consent or approval on behalf of Supplier and its agents and contractors.
D. Whenever possible, Supplier shall provide at least twenty-four (24) hours notice to Customer prior to entering Customer's POP to install, maintain, repair, replace or remove any of the Supplier's Equipment. If it is not possible to provide such notice, Supplier shall provide notice to Customer as soon as practicable. All of the foregoing is subject to the terms of Section 8 and Attachment 4.
E. Except as set forth in Section 6.A, Supplier shall have no obligation to install, maintain or repair any equipment owned or provided by Customer, any End User or any other party.
F. Neither party shall adjust, align, attempt to repair, relocate or remove the other party's equipment, except as expressly authorized by the other party.
G. Customer shall be liable for any loss or damage, including theft, to Supplier's Equipment to the extent that such loss or damage is the result of Customer's or an End User's or their respective employees', agents' or contractors' negligent acts or omissions, willful misconduct, or breach of the terms of this Agreement. In the event of any such loss or damage to Supplier's Equipment, Customer shall reimburse Supplier for the reasonable cost of repair of Supplier's Equipment, or the replacement thereof, within thirty (30) days after receipt by Customer of a written request for reimbursement and substantiation of actual repair or replacement costs incurred.
H. Supplier shall be liable for any loss or damage, including theft, to Customer's or an End User's equipment to the extent that such loss or damage is the result of Supplier's or its employees', agents' or contractors' negligent acts or omissions, willful misconduct, or breach of the terms of this Agreement. In the event of any such loss or damage to any such equipment, Supplier shall reimburse Customer or the End User, as the case may be, for the reasonable cost of repair of the equipment, or the replacement thereof, within thirty (30) days after receipt by Supplier of a written request for reimbursement and substantiation of actual repair or replacement costs incurred.
I. Supplier's Equipment shall remain the sole and exclusive property of Supplier, and nothing contained herein shall give or convey to Customer, any End User or any other person, any right, title or interest whatsoever in Supplier's Equipment. Supplier's Equipment shall at all times be and remain personal property, notwithstanding that it may be or become attached to or embedded in real property. Customer shall not, and will cause each End User to not, tamper with, remove or conceal any identifying plates, tags or labels affixed to Supplier's Equipment. Customer will not, and will cause End Users to not, cause or permit Supplier's Equipment to be or become encumbered by any liens, security interests or other encumbrances. Customer will do or cause to be done all acts and things that Supplier may reasonably request to assure that the terms of this Section are satisfied.
J. Customer's equipment shall remain the sole and exclusive property of Customer, and nothing contained herein shall give or convey to Supplier, or any other person, any right, title or interest whatsoever in Customer's equipment. Customer's equipment shall at all times be and remain personal property, notwithstanding that it may be or become attached to or embedded in real property. Supplier shall not tamper with, remove or conceal any identifying plates, tags or labels affixed to Customer's equipment. Supplier will not cause or permit Customer's equipment to be or become encumbered by any liens, security interests or other encumbrances. Supplier will do or cause to be done all acts and things that Customer may reasonably request to assure that the terms of this Section are satisfied.
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