Common use of Installation, Maintenance and Repair Clause in Contracts

Installation, Maintenance and Repair. AT&T shall provide and maintain its Equipment from its central office to the AT&T Service demarcation point(s) for the Property (“Demarc(s)”) if Association makes available the necessary space and power. AT&T will provide technical support for the Bulk Services that is equivalent to that generally available to customers of AT&T’s residential services comparable to the Bulk Services. AT&T shall maintain and repair Bulk Services from the network side of the Demarc through its network in addition to the CPE (as defined in Section 6.3 below). In the event an End User trouble is located on the End User side of the Demarc and is not CPE, and the End User and AT&T agree that AT&T will repair the trouble, AT&T shall xxxx the End User, where applicable, at AT&T’s standard repair rate. AT&T may, at its own expense, take any actions which are necessary or convenient, in AT&T’s reasonable opinion, to install, operate, alter, maintain, replace, supplement or remove Equipment and to deliver the AT&T Services. Notwithstanding the above, if installation of the Equipment will require a significant disturbance at the Property or coordination with the Association, AT&T will provide its plans for the Equipment to Association prior to installation, including the location of all above-ground Equipment in the common areas of the Property that AT&T proposes to install at the Property. AT&T's selection of the particular Equipment, and Equipment manufacturers, shall be at AT&T's discretion. Association shall approve or reject AT&T's plans within ten (10) days following receipt. Failure of Association to approve or reject such plans within ten (10) days shall constitute approval. Association's approval of the plans for the Equipment may not be unreasonably withheld or delayed, except that Association's approval of the location of above-ground Equipment is in Association’s sole discretion, subject to reasonable technical feasibility constraints from AT&T. Association and AT&T shall work in good faith to resolve any objections related to the installation and placement of Equipment, including above-ground Equipment sites. Such approvals are not required for similar or like replacements of the components of the Equipment, unless the replacements will change the aesthetics of the Property. AT&T shall restore any damaged portion of the Property to a condition that is as close to its original condition prior to the performance of such work on the Equipment as is commercially reasonable and shall replace all facilities or improvements including any trees, shrubbery or grass located thereon. AT&T shall give a thirty (30) day notice to Association prior to commencing any repair work on the Equipment that will result in a significant disturbance to the Property. AT&T shall not be required to give notice to Association, however, in an emergency situation where such notice cannot practicably be given or for routine servicing and repair of the Equipment.

Installation, Maintenance and Repair. AT&T shall install, own, and maintain the System (as defined below) at the Property at its own expense. AT&T may utilize the existing wiring within the individual units of which the consent and timing to do so shall be arranged pursuant to Section 7.4 hereinbelow. Using industry standard placement procedures, AT&T (or its subcontractors) may install the System, new wiring and equipment on the Property (including on the side of the building, in telecom closets, in risers, and in tenant/homeowner space). AT&T will repair any damage to the Property that it causes while installing the System, wiring or facilities. AT&T shall provide and maintain its Equipment from its central office to the AT&T Service demarcation point(s) for the Property (“Demarc(s)”) if Association makes available the necessary space and power. AT&T will provide technical support for the Bulk Services that is equivalent to that generally available to customers of AT&T’s residential services comparable to the Bulk Services. AT&T shall maintain and repair Bulk Services from the network side of the Demarc through its network in addition to the CPE (as defined in Section 6.3 below). In the event an End User trouble is located on the End User side of the Demarc and is not CPE, and the End User and AT&T agree that AT&T will repair the trouble, AT&T shall xxxx bill the End User, where applicable, at AT&T’s standard repair rate. Excluding the fiber optic installation which will be installed per the mutually agreed to Design Plan attached as Exhibit F, AT&T may, at its own expense, take any actions which are necessary or convenient, in AT&T’s reasonable opinion, to install, operate, alter, maintain, replace, supplement or remove Equipment and to deliver the AT&T Services. Notwithstanding the above, if installation of the Equipment will require a significant disturbance at the Property or coordination with the Association, AT&T will provide its plans for the Equipment to Association prior to installation, including the location of all above-ground Equipment in the common areas of the Property that AT&T proposes to install at the Property. AT&T's selection of the particular Equipment, and Equipment manufacturers, shall be at AT&T's discretion. Association shall approve or reject AT&T's plans within ten thirty (1030) days following receipt. Failure of Association to approve or reject such plans within ten thirty (1030) days shall constitute approval. Association's approval of the plans for the Equipment may not be unreasonably withheld or delayed, except that Association's approval of the location of above-ground Equipment is in Association’s sole discretion, subject to reasonable technical feasibility constraints from AT&T. Association and AT&T shall work in good faith to resolve any objections related to the installation and placement of Equipment, including above-ground Equipment sites. Such approvals are not required for similar or like replacements of the components of the Equipment, unless the replacements will change the aesthetics of the Property. AT&T shall restore any damaged portion of the Property to a condition that is as close to its original condition prior to the performance of such work on the Equipment as is commercially reasonable and shall replace all facilities or improvements including any trees, shrubbery or grass located thereon. AT&T shall give a thirty (30) day notice to Association prior to commencing any repair work on the Equipment that will result in a significant disturbance to the Property. AT&T shall not be required to give notice to Association, however, in an emergency situation where such notice cannot practicably be given or for routine servicing and repair of the Equipment.

Installation, Maintenance and Repair. AT&T shall install, own, and maintain the System (as defined below) at the Property at its own expense. AT&T may utilize the existing wiring within the individual units of which the consent and timing to do so shall be arranged pursuant to Section 7.4 hereinbelow. Using industry standard placement procedures, AT&T (or its subcontractors) may install the System, new wiring and equipment on the Property (including on the side of the building, in telecom closets, in risers, and in tenant/homeowner space). AT&T will repair any damage to the Property that it causes while installing the System, wiring or facilities. AT&T shall provide and maintain its Equipment from its central office to the AT&T Service demarcation point(s) for the Property (“Demarc(s)”) if Association makes available the necessary space and power. AT&T will provide technical support for the Bulk Services that is equivalent to that generally available to customers of AT&T’s residential services comparable to the Bulk Services. AT&T shall maintain and repair Bulk Services from the network side of the Demarc through its network in addition to the CPE (as defined in Section 6.3 below). In the event an End User trouble is located on the End User side of the Demarc and is not CPE, and the End User and AT&T agree that AT&T will repair the trouble, AT&T shall xxxx the End User, where applicable, at AT&T’s standard repair rate. Excluding the fiber optic installation which will be installed per the mutually agreed to Design Plan attached as Exhibit F, AT&T may, at its own expense, take any actions which are necessary or convenient, in AT&T’s reasonable opinion, to install, operate, alter, maintain, replace, supplement or remove Equipment and to deliver the AT&T Services. Notwithstanding the above, if installation of the Equipment will require a significant disturbance at the Property or coordination with the Association, AT&T will provide its plans for the Equipment to Association prior to installation, including the location of all above-ground Equipment in the common areas of the Property that AT&T proposes to install at the Property. AT&T's selection of the particular Equipment, and Equipment manufacturers, shall be at AT&T's discretion. Association shall approve or reject AT&T's plans within ten thirty (1030) days following receipt. Failure of Association to approve or reject such plans within ten thirty (1030) days shall constitute approval. Association's approval of the plans for the Equipment may not be unreasonably withheld or delayed, except that Association's approval of the location of above-ground Equipment is in Association’s sole discretion, subject to reasonable technical feasibility constraints from AT&T. Association and AT&T shall work in good faith to resolve any objections related to the installation and placement of Equipment, including above-ground Equipment sites. Such approvals are not required for similar or like replacements of the components of the Equipment, unless the replacements will change the aesthetics of the Property. AT&T shall restore any damaged portion of the Property to a condition that is as close to its original condition prior to the performance of such work on the Equipment as is commercially reasonable and shall replace all facilities or improvements including any trees, shrubbery or grass located thereon. AT&T shall give a thirty (30) day notice to Association prior to commencing any repair work on the Equipment that will result in a significant disturbance to the Property. AT&T shall not be required to give notice to Association, however, in an emergency situation where such notice cannot practicably be given or for routine servicing and repair of the Equipment.

Installation, Maintenance and Repair. AT&T shall provide and maintain its Equipment from its central office to the AT&T Service demarcation point(s) for the Property (“Demarc(s)”) if Association makes available the necessary space and power. AT&T will provide technical support for the Bulk Services that is equivalent to that generally available to customers of AT&T’s residential services comparable to the Bulk Services. AT&T shall maintain and repair Bulk Services from the network side of the Demarc through its network in addition to the CPE (as defined in Section 6.3 below). In the event an End User trouble is located on the End User side of the Demarc and is not CPE, and the End User and AT&T agree that AT&T will repair the trouble, AT&T shall xxxx bill the End User, where applicable, at AT&T’s standard repair rate. AT&T may, at its own expense, take any actions which are necessary or convenient, in AT&T’s reasonable opinion, to install, operate, alter, maintain, replace, supplement or remove Equipment and to deliver the AT&T Services. Notwithstanding the above, if installation of the Equipment will require a significant disturbance at the Property or coordination with the Association, AT&T will provide its plans for the Equipment to Association prior to installation, including the location of all above-ground Equipment in the common areas of the Property that AT&T proposes to install at the Property. AT&T's selection of the particular Equipment, and Equipment manufacturers, shall be at AT&T's discretion. Association shall approve or reject AT&T's plans within ten (10) days following receipt. Failure of Association to approve or reject such plans within ten (10) days shall constitute approval. Association's approval of the plans for the Equipment may not be unreasonably withheld or delayed, except that Association's approval of the location of above-ground Equipment is in Association’s sole discretion, subject to reasonable technical feasibility constraints from AT&T. Association and AT&T shall work in good faith to resolve any objections related to the installation and placement of Equipment, including above-ground Equipment sites. Such approvals are not required for similar or like replacements of the components of the Equipment, unless the replacements will change the aesthetics of the Property. AT&T shall restore any damaged portion of the Property to a condition that is as close to its original condition prior to the performance of such work on the Equipment as is commercially reasonable and shall replace all facilities or improvements including any trees, shrubbery or grass located thereon. AT&T shall give a thirty (30) day notice to Association prior to commencing any repair work on the Equipment that will result in a significant disturbance to the Property. AT&T shall not be required to give notice to Association, however, in an emergency situation where such notice cannot practicably be given or for routine servicing and repair of the Equipment.