Common use of Facilities, Equipment, and Software Clause in Contracts

Facilities, Equipment, and Software. FBL Facilities, including equipment and software, used to provide Service will remain the exclusive property of FBL or its assignee, and nothing contained in this Agreement can be interpreted to convey to Customer any right, title or interest in the Facilities, equipment or software, which will remain personal property even if attached to or embedded in realty (“FBL Facilities”). Customer may not remove or conceal any identifying plates, tags, or labels affixed to FBL Facilities or equipment, nor may Customer alter, or attempt to alter software furnished as part of Service. FBL may substitute or rearrange the Facilities or equipment, or modify the software, so long as the quality of Service is not impaired by the changes. Upon termination of Service for any reason, FBL will retrieve its Facilities and equipment from Customer premises or Customer, at its expense, will return to FBL, within thirty (30) days of Service termination, all FBL-provided Facilities, and equipment, along with any software and other information or materials provided by FBL in connection with the furnishing of Service. The Facilities, equipment, software, or other materials retrieved or returned will be in the same condition as implemented, normal wear and tear excepted. If Customer fails to return FBL's property or allow for its retrieval, Customer must reimburse FBL, upon demand, for the replacement cost of the Facilities, equipment, software, and other information or materials provided, as well as any costs incurred by FBL resulting from the Customer's failure to return FBL's property.

Facilities, Equipment, and Software. FBL Facilities, including equipment and software, used to provide Service will remain the exclusive property of FBL or its assignee, and nothing contained in this Agreement can be interpreted to convey to Customer any right, title or interest in the Facilities, equipment or software, which will remain personal property even if attached to or embedded in realty (“FBL Facilities”)realty. Customer may not remove or conceal any identifying plates, tags, or labels affixed to FBL Facilities or equipment, nor may Customer alter, or attempt to alter alter, software furnished as part of Service. FBL may substitute or rearrange the Facilities or equipment, or modify the software, so long as the quality of Service is not impaired by the changes. Upon termination of Service for any reason, FBL will retrieve its Facilities and equipment from Customer premises or Customer, at its expense, will return to FBL, within thirty (30) days of Service termination, all FBL-provided Facilities, and equipment, along with any software and other information or materials provided by FBL in connection with the furnishing of Service. The Facilities, equipment, software, or other materials retrieved or returned will be in the same condition as implementedwhen initially delivered to Customer, normal wear and tear excepted. If Customer fails to return FBL's property or allow for its retrieval, Customer must reimburse FBL, upon demand, for the replacement cost of the Facilities, equipment, software, and other information or materials provided, as well as any costs incurred by FBL resulting from the Customer's failure to return FBL's property.

Facilities, Equipment, and Software. FBL Facilities, including equipment and softwareSoftware, used to provide Service will remain the exclusive property of FBL or its assignee, and nothing contained in this Agreement can be interpreted to convey to Customer any right, title or interest in the Facilities, equipment or softwareSoftware, which will remain personal property even if attached to or embedded in realty (“FBL Facilities”)realty. Customer may not remove or conceal any identifying plates, tags, or labels affixed to FBL Facilities or equipment, nor may Customer alter, or attempt to alter software alter, Software furnished as part of Service. FBL may substitute or rearrange the Facilities or equipment, or modify the softwareSoftware, so long as the quality of Service is not impaired by the changes. Upon termination of Service for any reason, FBL will retrieve its Facilities and equipment from Customer premises or Customer, at its expense, will return to FBL, within thirty (30) days of Service termination, all FBL-provided Facilities, and equipment, along with any software Software and other information or materials provided by FBL in connection with the furnishing of Service. The Facilities, equipment, softwareSoftware, or other materials retrieved or returned will be in the same condition as implemented, normal wear and tear excepted. If Customer fails to return FBL's property or allow for its retrieval, Customer must reimburse FBL, upon demand, for the replacement cost of the Facilities, equipment, softwareSoftware, and other information or materials provided, as well as any costs incurred by FBL resulting from the Customer's failure to return FBL's property.