Common use of Equipment Installation Clause in Contracts

Equipment Installation. (a) If Customer purchases and installs Equipment (other than Equipment currently installed at each Facility and Contract Entity as of the date hereof), then Customer shall comply with the parameters set forth below and the installation guidelines in the Documentation. IT&S shall be fully responsible for the Communication Lines and the Wide Area Network. Selection of the most appropriate installation site for any additional Equipment within the Facility is Customer’s responsibility. At Customer’s request, IT&S will assist Customer in identifying installation sites, provided that in giving such assistance, IT&S makes no representation that any installation site is the appropriate site for Equipment. Proper installation may require the removal of walls or other alterations to the premises. Customer shall be responsible for any costs incurred in modifying the premises to accommodate the installation of any Equipment. Any damage to Customer’s Equipment and Software resulting from inadequate or incomplete site preparation for Equipment may not be covered by applicable maintenance agreements. (b) With respect to any purchases and installations of new Equipment and Communication Lines, Customer shall perform the following to ensure adequate site preparation: (1) When reasonably required by IT&S, provide the IT&S representative with appropriate drawings indicating: i. the location and lay-out of the installation site; ii. the location of existing and proposed site wiring (power and communications) and the paths and lengths thereof; and iii. the location of other equipment capable of generating electrical noise, electromagnetic interference, heat, etc.; (2) Make alterations to the premises as reasonably necessary to meet wiring and other site requirements; (3) Provide and install all communication cables, wall jacks, special connectors and associated hardware; (4) Install all necessary power distribution boxes, conduits, grounds, lightening protection and associated hardware; (5) Install all required auxiliary power protection and air conditioning; (6) Provide reasonably required storage or service areas; (7) Use commercially reasonable efforts to ensure the environmental requirements of the Equipment are met; (8) Provide floor coverings and environmental systems that reasonably control static electricity build-up and discharge; and (9) Comply with all applicable federal, state and municipal laws, codes and regulations (including, without limitation, electrical, building, safety and health laws) with respect to activities to be performed hereunder by Customer. Clauses (1) through (9) above set forth only the minimum standards, are not intended to be comprehensive and do not modify the obligations of Customer to follow the reasonable instructions and recommendations of IT&S relating to the use of the Software and the Systems. In performing its obligations with respect to Communications Lines and the Wide Area Network, IT&S shall act in accordance with the warranties set forth in this Agreement and shall comply with all applicable federal, state and municipal laws, codes and regulations (including, without limitation, electrical, building, safety and health laws) with respect to activities to be performed hereunder by IT&S. During the Term, IT&S shall maintain workers’ compensation insurance as required by law for its personnel and such general comprehensive liability insurance and other insurance as Customer may reasonably request. IT&S shall not ask Customer to purchase any additional Equipment or replace any current Equipment unless such additional or replacement items are appropriate for the usage and environment of Customer, which may be significantly different from that of other entities for which IT&S provides information technology services. Customer acknowledges that if it elects not to purchase or replace Equipment as requested by IT&S, Customer shall not hold IT&S responsible for any loss of functionality or performance to the extent that such loss of functionality or performance is caused by the failure to purchase or replace Equipment as requested by IT&S.

Equipment Installation. (a) If Customer purchases and installs Equipment (other than Equipment currently installed at each Facility and Contract Entity as of the date hereof), then Customer shall comply with the parameters set forth below and the installation guidelines in the Documentation. IT&S CHSPSC shall be fully responsible for the Communication Lines and the Wide Area Network. Selection of the most appropriate installation site for any additional Equipment within the Facility is Customer’s responsibility. At Customer’s request, IT&S CHSPSC will assist Customer in identifying installation sites, provided that in giving such assistance, IT&S CHSPSC makes no representation that any installation site is the appropriate site for Equipment. Proper installation may require the removal of walls or other alterations to the premises. Customer shall be responsible for any costs incurred in modifying the premises to accommodate the installation of any Equipment. Any damage to Customer’s Equipment and Software resulting from inadequate or incomplete site preparation for Equipment may not be covered by applicable maintenance agreements. (b) With respect to any purchases and installations of new Equipment and Communication Lines, Customer shall perform the following to ensure adequate site preparation: (1) When reasonably required by IT&SCHSPSC, provide the IT&S CHSPSC representative with appropriate drawings indicating: i. the location and lay-out of the installation site; ii. the location of existing and proposed site wiring (power and communications) and the paths and lengths thereof; and iii. the location of other equipment capable of generating electrical noise, electromagnetic interference, heat, etc.; (2) Make alterations to the premises as reasonably necessary to meet wiring and other site requirements; (3) Provide and install all communication cables, wall jacks, special connectors and associated hardware; (4) Install all necessary power distribution boxes, conduits, grounds, lightening protection and associated hardware; (5) Install all required auxiliary power protection and air conditioning; (6) Provide reasonably required storage or service areas; (7) Use commercially reasonable efforts to ensure the environmental requirements of the Equipment are met; (8) Provide floor coverings and environmental systems that reasonably control static electricity build-up and discharge; and (9) Comply with all applicable federal, state and municipal laws, codes and regulations (including, without limitation, electrical, building, safety and health laws) with respect to activities to be performed hereunder by Customer. Clauses (1) through (9) above set forth only the minimum standards, are not intended to be comprehensive and do not modify the obligations of Customer to follow the reasonable instructions and recommendations of IT&S CHSPSC relating to the use of the Software and the Systems. In performing its obligations with respect to Communications Lines and the Wide Area NetworkIf CHSPSC determines that purchase or replacement of Equipment is mandated for CHSPSC facilities, IT&S shall act in accordance with the warranties set forth in this Agreement and shall comply with all applicable federal, state and municipal laws, codes and regulations (including, without limitation, electrical, building, safety and health laws) with respect to activities then it will be mandated for Customer Facilities. If purchase or replacement of Equipment is determined by CHSPSC to be performed hereunder by IT&S. During the Termoptional for CHSPSC facilities, IT&S shall maintain workers’ compensation insurance as required by law then it will be optional for its personnel and such general comprehensive liability insurance and other insurance as Customer may reasonably request. IT&S shall not ask Customer to purchase any additional Equipment or replace any current Equipment unless such additional or replacement items are appropriate for the usage and environment of Customer, which may be significantly different from that of other entities for which IT&S provides information technology servicesFacilities. Customer acknowledges that if it elects not to purchase or replace Equipment as requested by IT&SCHSPSC, Customer shall not hold IT&S CHSPSC responsible for any loss of functionality or performance to the extent that such loss of functionality or performance is caused by the failure to purchase or replace Equipment as requested by IT&S.CHSPSC.

Equipment Installation. (a) If Customer purchases and installs Equipment (other than Equipment currently installed at each Facility and Contract Entity as of the date hereof), then Customer shall comply with the parameters set forth below and the installation guidelines in the Documentation. IT&S shall be fully responsible for the Communication Lines and the Wide Area Network. Selection of the most appropriate installation site for any additional Equipment within the Facility is Customer’s responsibility. At Customer’s request, IT&S will assist Customer in identifying installation sites, provided that in giving such assistance, IT&S makes no representation that any installation site is the appropriate site for Equipment. Proper installation may require the removal of walls or other alterations Prior to the premises. Customer shall be responsible for commencement of any costs incurred in modifying the premises to accommodate work or the installation of any Equipment or Connecting Equipment, Tenant shall: i. Prepare and deliver to Landlord an outline of the Building rooftop, indicating the proposed location of the rooftop Equipment, a description of the proposed method of installation, and the proposed routing of any rooftop Connecting Equipment. Any damage to CustomerTenant shall also describe, in reasonable detail, the proposed routing of all non-rooftop Connecting Equipment. No work shall commence until Landlord has approved, in writing, all construction and installation plans, which approval shall not be unreasonably withheld or delayed. Landlord shall indicate its approval or disapproval and notify Tenant of any required changes within ten (10) business days after Landlord receives such plans from Tenant. In no event shall Landlord’s approval or change of such plans be deemed a representation that Tenant’s Equipment and Software resulting from inadequate Connecting Equipment will not cause interference with other systems in the Building or incomplete site preparation for Equipment may not be covered by that Tenant’s plans comply with applicable maintenance agreementslaws, rules or regulations; such responsibility shall remain solely with Tenant. (b) With respect to any purchases and installations of new Equipment and Communication Lines, Customer shall perform the following to ensure adequate site preparation: (1) When reasonably required by IT&S, provide the IT&S representative with appropriate drawings indicating: i. the location and lay-out of the installation site; ii. Tenant warrants that the location installation of existing the Equipment and proposed site wiring Connecting Equipment shall be in strict compliance with (power i) Exhibit D-1 attached hereto; (ii) any subsequent plans and communicationsspecifications approved by Landlord; (iii) all Equipment manufacturer’s recommendations; and (iii) all applicable laws, rules or regulations. Tenant shall not make any material modifications to the paths Equipment Space without Landlord’s prior written approval, which Landlord shall determine tin its soles discretion. Tenant shall also insure that the installation and lengths thereof; andconstruction shall be performed in a neat, responsible, and workmanlike manner, using generally accepted construction standards, consistent with such reasonable requirements as shall be imposed by Landlord. Tenant shall promptly notify when all work has been completed and all work shall be inspected by Landlord. Within five (5) business days following Tenant’s completion of the installation, Tenant shall provided Landlord with documentation evidencing that all applicable permits, licenses, and approvals required for the installation, maintenance, and operation of the Equipment and Connecting Equipment have been obtained. iii. Tenant acknowledges that the location structural integrity of other equipment the load bearing capability of the roof, the moisture resistance of the roof membrane, and the ability of Landlord to safely access all parts of the roof are of critical importance to Landlord. Tenant agrees that all specifications and plans will provide sufficient specificity to ensure that these concerns are protected. Tenant shall not make any penetrations of the roof membrane without the Landlord’s prior written approval. Any penetrations of the roof membrane approved by Landlord shall be made at Tenant’s sole cost and expense by a qualified roofing contractor selected by Landlord to ensure full compliance with the terms of all existing roof warranties. Tenant shall be fully liable to Landlord for any unauthorized activities that violate the terms of any warranty on the roof membrane and results in the full or partial loss of any roof warranty coverage otherwise available to Landlord. Tenant shall handle all parts, materials, and substances capable of generating electrical noisedamaging the roof membrane in a manner that fully protects the integrity of the membrane. Any roof damage caused by Tenant or any of Tenant’s agents, electromagnetic interferencerepresentative, heatemployees, etc.; (2) Make alterations contractors, subcontractors or invitees shall be made at Tenant’s sole cost and expense by a roofing contractor selected by Landlord. Landlord, in its sole discretion, may require Tenant to the premises as reasonably install, at Tenant’s sole cost and expense, rooftop walk pads if Landlord considers such pads necessary to meet wiring and other site requirements; (3) Provide and install all communication cables, wall jacks, special connectors and associated hardware; (4) Install all necessary power distribution boxes, conduits, grounds, lightening protection and associated hardware; (5) Install all required auxiliary power protection and air conditioning; (6) Provide reasonably required storage or service areas; (7) Use commercially reasonable efforts to ensure protect the environmental requirements integrity of the Equipment are met;roof membrane. iv. Tenant, in the exercise of its Rooftop Rights granted herein, shall not at any time (8) Provide floor coverings and environmental systems that reasonably control static electricity build-up and discharge; and (9) Comply with all applicable federalas determined by Landlord in its sole judgment), state and municipal lawsdisrupt Building operations, codes and regulations (includingincluding but not limited to, without limitationblocking access to or in any way obstructing Building entrances, electricallobbies, buildinghallways, safety and health laws) with respect to activities to be performed hereunder by Customer. Clauses (1) through (9) above set forth only the minimum standardselevators, are not intended to be comprehensive and do not modify the obligations of Customer to follow the reasonable instructions and recommendations of IT&S relating to or interfere or hinder the use of the Software Building’s loading docks. Any work activities deemed disruptive to Building operations, including but not limited to core drillings, must be performed after normal business hours as defined by Landlord. v. Tenant shall, at is sole cost and expense, repair or refinish any surface of the Building damaged by or during the installation, operation, maintenance or removal of Tenant’s Equipment or Connecting Equipment and caused by Tenant or any of its agents, representatives, employees, contractors, subcontractors, or invitees. In the event Tenant fails to promptly repair or refinish any such damage, Landlord may, in its sole discretion, repair or refinish such damage to Landlord’s satisfaction and Tenant shall reimburse Landlord for all costs and expenses incurred in such repair or refinishing together with an administrative charge of fifteen percent (15%) of such costs and expenses. All such sums shall be deemed to be Additional Rent payable to Landlord. vi. Tenant shall attach a label to (i) all rooftop Equipment and Connecting Equipment located on the rooftop and (ii) to all cabling passing through all Building common area equipment and telephone rooms. Each label shall included, at a minimum, the following information: a. Tenant’s name; b. Rooftop Lease #; c. If cabling, the floor where the cable originates and the Systemsfloor where it terminates; vii. In performing Tenant shall obtain, at its obligations with respect sole cost and expense, prior to Communications Lines the commencement of any construction activities or Equipment or Connecting Equipment installations, any necessary federal, state, and the Wide Area Networkmunicipal permits, IT&S shall act in accordance with the warranties set forth in this Agreement licenses and approvals. Tenant’s Equipment and Connecting Equipment shall comply with all applicable federalsafety standards, state as modified from time to time, of any governing body with jurisdiction over Tenant’s operations. viii. Any specialized use of the elevators must be coordinated with Landlord’s property manager. ix. Tenant must properly dispose of all packing material and municipal laws, codes refuse in accordance with the Rules and regulations (including, without limitation, electrical, building, safety and health laws) with respect to activities to be performed hereunder by IT&S. During the Term, IT&S shall maintain workers’ compensation insurance as required by law for its personnel and such general comprehensive liability insurance and other insurance as Customer may reasonably request. IT&S shall not ask Customer to purchase any additional Equipment or replace any current Equipment unless such additional or replacement items are appropriate for the usage and environment of Customer, which may be significantly different from that of other entities for which IT&S provides information technology services. Customer acknowledges that if it elects not to purchase or replace Equipment as requested by IT&S, Customer shall not hold IT&S responsible for any loss of functionality or performance to the extent that such loss of functionality or performance is caused by the failure to purchase or replace Equipment as requested by IT&S.Regulations.