Common use of Equipment Location Clause in Contracts

Equipment Location. The Customer shall not allow or cause any facility or equipment of WVF or WVF providers to be rearranged, moved, modified, damaged, repaired, or relocated without WVF’s written consent. Customer shall be responsible for ensuring that the equipment, wiring, space, and associated facilities, conduit and rights-of-way are protected against fire, theft, vandalism, or other casualty and that the use thereof complies with applicable laws, rules, regulations, and contractual obligations. Customer will not create or allow any liens or other encumbrances to be placed on any such facilities or equipment of WVF or WVF Providers. If Customer relocates or changes the place of the Service provided under any Service Order, Customer will pay all additional installation and related charges associated with such relocation. All WVF equipment or WVF provider equipment shall be returned to WVF in good condition upon termination of this Agreement. Charges for equipment will accrue until equipment is returned. Customer shall be charged for all damaged equipment. WVF will replace or repair WVF equipment and facilities in its sole discretion. WVF will not provide replacement for defects or deficiencies in WVF Equipment or Service which are caused by: • External causes including natural disaster, fire, accident, neglect, misuse, vandalism, water, lightning, power surge or spike; • The use of any Equipment for other than its intended purpose; • The use with or connection of any Equipment to items not approved by WVF; • The performance of maintenance or attempted repair by persons other than WVF or as authorized by WVF; • Changes made to the deliverables created by performance of the Service or to the operating environment; • the relocation of Equipment by the Customer; or • Any configuration or reconfiguration by the Customer of the Equipment.