Common use of Maintenance and Ownership of Equipment Clause in Contracts

Maintenance and Ownership of Equipment. All cable home wiring, connectors and mounting hardware installed by Company shall, upon installation, except where the Premises is part of a multiple dwelling unit building (“MDU”), become a fixture on the Premises and shall become the property of the owner of the Premises. You acknowledge ownership of such equipment. Ownership of Company installed wiring and facilities in MDU’s shall be governed by any agreement between the Company and the building owner and applicable rules and regulations of the Federal Communications Commission (“FCC”). You shall be responsible for the repair and maintenance of any equipment you own or provide. We are not responsible or liable for any loss or impairment of Service due, in whole or in part, to the failure of any equipment you own or provide to work properly. Should any device or any facility owned or provided by you not comply with the technical specifications established by the FCC, we reserve the right to discontinue providing the Service until such non-compliance is corrected. YOU MAY ELECT TO PURCHASE A NAVIGATIONAL DEVICE FROM A THIRD PARTY. HOWEVER, IT IS UNLAWFUL FOR YOU TO USE SUCH DEVICE TO AVOID PAYING FOR SERVICE YOU RECEIVE. IT IS ALSO UNLAWFUL TO ALTER OR TAMPER WITH ANY DEVICE IN ORDER TO RECEIVE, INTERCEPT OR ASSIST IN RECEIVING, OR INTERCEPTING, ANY COMMUNICATION SERVICE OFFERED OVER OUR SYSTEM UNLESS SPECIFICALLY AUTHORIZED TO DO SO BY LAW OR BY US. VIOLATORS ARE SUBJECT TO FINES AND/OR IMPRISONMENT. All other equipment installed or provided by us, including, but not limited to, security devices, set-top devices, remote control units and cable modems, shall at all times remain our property (“Company Equipment”). During the term of this Agreement, we will repair and maintain any Company Equipment at our expense, unless such repair or maintenance is made necessary due to your misuse, abuse, negligent acts or intentional damage. In order to ensure compliance with applicable laws and performance standards, you agree that Company Equipment shall not be serviced by anyone other than our employees or agents. You agree not to tamper with Company Equipment. Upon termination of Service, or if you move, you are responsible for returning all Company Equipment. Company Equipment must be returned to us in undamaged condition, reasonable wear and tear expected, at a location we designate. All Company Equipment must be returned no later than ten (10) days after Service is disconnected. You agree to pay us the fair market value of any unreturned Company Equipment. Set-top devices can cost up to $500.00 depending on the model installed, cable modems can cost up to $300.00 depending on model installed.

Maintenance and Ownership of Equipment. All cable home wiringWe do not guarantee that the Service will work correctly if you use equipment to access the Service other than the Equipment, connectors or Other Devices authorized by Verizon for use in connection with the Service, including but not limited to smartphones, tablets, other portable devices, gaming consoles and mounting hardware installed internet-ready equipment. We have no responsibility for the operation or support, maintenance or repair of any third-party Other Devices, Other Devices that have been designated as Retired, software or services that you choose to use in connection with the Service or with the Equipment or Other Devices provided by Company shall, upon installation, except where us. We assume no responsibility for the Premises is part of a multiple dwelling unit building (“MDU”), become a fixture on the Premises and shall become the property operation of the owner of Service if equipment other than the PremisesEquipment or Other Devices authorized by us for use in connection with the Service are used to access the Service. You acknowledge ownership of such equipment. Ownership of Company installed wiring and facilities in MDU’s shall be governed by any agreement between the Company and the building owner and applicable rules and regulations of the Federal Communications Commission (“FCC”). You shall be responsible for the repair and maintenance of any equipment you own or provide. We are not responsible or liable for any loss or impairment of Service due, in whole or in part, to the failure of any equipment you own or provide to work properly. Should any device or any facility owned or provided by you not comply with the technical specifications established by the FCC, we reserve the right to discontinue providing the Service until such non-compliance is corrected. YOU MAY ELECT TO PURCHASE A NAVIGATIONAL DEVICE FROM A THIRD PARTY. HOWEVER, IT IS UNLAWFUL FOR YOU TO USE SUCH DEVICE TO AVOID PAYING FOR SERVICE YOU RECEIVE. IT IS ALSO UNLAWFUL TO ALTER OR TAMPER WITH ANY DEVICE IN ORDER TO RECEIVE, INTERCEPT OR ASSIST IN RECEIVING, OR INTERCEPTING, ANY COMMUNICATION SERVICE OFFERED OVER OUR SYSTEM UNLESS SPECIFICALLY AUTHORIZED TO DO SO BY LAW OR BY US. VIOLATORS ARE SUBJECT TO FINES AND/OR IMPRISONMENT. All other equipment installed or provided by us, including, but not limited to, security devices, set-top devices, remote control units and cable modems, shall agree that at all times ownership of the Equipment shall remain with us and that this Agreement allows you to use Equipment only in connection with your receipt and use of the Service. We may, at our property (“Company Equipment”)option, supply new or reconditioned Equipment or non-third party Other Devices to you. During the term of this Agreement, we We will repair and maintain any Company the Equipment owned by us at our expense, unless such repair or maintenance is made necessary due to your misuse, abuse, negligent acts abuse or intentional damagedamage to the Equipment, in which case you will be financially responsible for the repair or replacement of the damaged Equipment. In order Except as set forth in the terms and conditions of any Verizon limited warranty applicable to ensure compliance with applicable laws and performance standardsOther Devices, you we have no obligation to repair, replace, or maintain any such Other Devices. You also agree that Company the Equipment shall will not be serviced by anyone other than our employees or agentsour designated agents or representatives. You further agree not to tamper with Company or otherwise harm the Equipment, and that you will not copy, modify, reverse compile or reverse engineer any Equipment or Other Devices, or software or firmware provided by Verizon in connection with the Service. Upon Except as set forth below, upon termination of the Service, or if you movethe occupancy or ownership of your Premises changes, you are responsible for returning all Company Equipment. Company the Equipment must be returned to us in an undamaged condition, subject only to reasonable wear and tear expectedtear. Failure to return any Equipment owned by us within 30 days as instructed by Verizon, or returning Equipment in a damaged condition (subject only to reasonable wear and tear), will result in the imposition of an Equipment fee that may be substantial. If the Equipment is affixed with a label which includes the following (or similar) message, “PROPERTY OF VERIZON. DO NOT REMOVE FROM PREMISES,” then you must not remove the Equipment and you will not be charged an Equipment Fee as long as the Equipment is left in place in reasonable condition (subject only to reasonable wear and tear.) In the event that any Equipment is stolen, you are required to provide us with a copy of the police report to verify that such Equipment was reported stolen. If no report is produced, then you will be held financially responsible for the stolen Equipment. Fios TV Equipment and Other Devices are priced separately from the price of the Service or Bundled Services plan, and may not be subject to the price protection applicable to the Service or Bundled Services plan in a term agreement or promotional offer. You may be required to pay certain Equipment-related fees, such as restocking fees and/or exchange fees. TERMINATION OF SERVICE; TERMINATION FEES. You or Verizon may terminate the Service at any time and for any reason by giving notice to the other in accordance with the notice provisions set forth in this agreement. Unless otherwise required by applicable law, termination will be effective on the last day of that month’s billing cycle, and you are responsible for all charges incurred through the date of termination. Installation or setup fees paid at the initiation of the Service, if any, are not refundable. If a termination is a result of violation by you of the terms of this agreement, you may also be liable to pay an Early Termination Fee as set forth in Section 10(b). We may, at our sole discretion, refuse to accept your subsequent request for Service following a location we designatetermination or suspension of your use of the Service. All Company Equipment must be returned no later than ten (10) days after If your Service is disconnectedterminated for any reason, you may be required to pay a reconnection fee or additional deposit before the Service is reactivated. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, IF YOU HAVE CHOSEN TO SUBSCRIBE TO A BUNDLED SERVICES PLAN WITH A MINIMUM TERM COMMITMENT, IF ANY OF THE BUNDLE SERVICES ARE TERMINATED BY YOU OR BY US BEFORE COMPLETING YOUR MINIMUM TERM, THEN YOU AGREE TO PAY VERIZON THE EARLY TERMINATION FEE SET FORTH IN THE BUNDLED SERVICES PLAN YOU HAVE CHOSEN. PRICING AND PAYMENT. In consideration for your receipt of the Service and use of any Equipment or Other Devices, you agree to pay us as follows: Service Fees. Billing for the Service will begin automatically: uUpon installation of the Service if the Service is installed by Verizon or (ii) on the Due Date established by Verizon (after the Equipment, and any applicable Other Devices, has been delivered) if the Service is self-installed by you. Billing will continue until the Service is terminated in accordance with Section 10 (a) of this Agreement. You will begin receiving any discount associated with a Bundled Services plan once all the Bundled Services have been installed. Regular Service and Equipment (and, if applicable, Other Devices) charges are billed each month in advance. You agree to pay us in advance, at our rates in effect at the fair market value time, through all periods until the Service is terminated in accordance with Section 10 (a) of this Agreement. Other transactional charges, such as for On Demand or Pay Per View Services, are billed after the applicable service or feature has been ordered or provided to you. You may also be required, based on your ordering and payment history, to provide pre-billing statement payment by credit card or such other payment method as we may designate for transactional services such as On Demand or Pay Per View Services. You agree to pay all applicable charges for the Service and Equipment or Other Devices by the due date set forth in your monthly invoice. Rates for the Service and other charges (excluding charges detailed in Section 11(b) – (d)) may be changed by us at any time, subject to the provision of prior notice to you as required by law. If we provide you with notice, it will be provided as set forth in Section 14 below. Rates for On Demand and Pay Per View Services may change at any time. Your billing statement may also contain certain other charges (including, without limitation, taxes and other governmental fees, as well as charges such as franchise fees, account activation and installation charges, franchise related costs, surcharges, reactivation fees, customized setup fees, late payment charges on past-due balances, returned payment fees, Early Termination Fees and other nonrecurring charges) and you agree to pay such other charges by the due date set forth in your billing statement. The waiver of any unreturned Company Equipmentfees or charges is at our discretion. SetIf you cancel any component of a Bundled Services plan, the monthly charges for the remaining services on your account will automatically convert to the applicable existing non-top devices can cost up to $500.00 depending on the model installed, cable modems can cost up to $300.00 depending on model installeddiscounted monthly service rate.

Maintenance and Ownership of Equipment. All cable home wiringWe do not guarantee that the Service will work correctly if you use equipment to access the Service other than the Equipment, connectors or Other Devices authorized by Verizon for use in connection with the Service, including but not limited to smartphones, tablets, other portable devices, gaming consoles and mounting hardware installed internet-ready equipment. We have no responsibility for the operation or support, maintenance or repair of any third-party Other Devices, Other Devices that have been designated as Retired, software or services that you choose to use in connection with the Service or with the Equipment or Other Devices provided by Company shall, upon installation, except where us. We assume no responsibility for the Premises is part of a multiple dwelling unit building (“MDU”), become a fixture on the Premises and shall become the property operation of the owner of Service if equipment other than the PremisesEquipment or Other Devices authorized by us for use in connection with the Service are used to access the Service. You acknowledge ownership of such equipment. Ownership of Company installed wiring and facilities in MDU’s shall be governed by any agreement between the Company and the building owner and applicable rules and regulations of the Federal Communications Commission (“FCC”). You shall be responsible for the repair and maintenance of any equipment you own or provide. We are not responsible or liable for any loss or impairment of Service due, in whole or in part, to the failure of any equipment you own or provide to work properly. Should any device or any facility owned or provided by you not comply with the technical specifications established by the FCC, we reserve the right to discontinue providing the Service until such non-compliance is corrected. YOU MAY ELECT TO PURCHASE A NAVIGATIONAL DEVICE FROM A THIRD PARTY. HOWEVER, IT IS UNLAWFUL FOR YOU TO USE SUCH DEVICE TO AVOID PAYING FOR SERVICE YOU RECEIVE. IT IS ALSO UNLAWFUL TO ALTER OR TAMPER WITH ANY DEVICE IN ORDER TO RECEIVE, INTERCEPT OR ASSIST IN RECEIVING, OR INTERCEPTING, ANY COMMUNICATION SERVICE OFFERED OVER OUR SYSTEM UNLESS SPECIFICALLY AUTHORIZED TO DO SO BY LAW OR BY US. VIOLATORS ARE SUBJECT TO FINES AND/OR IMPRISONMENT. All other equipment installed or provided by us, including, but not limited to, security devices, set-top devices, remote control units and cable modems, shall agree that at all times ownership of the Equipment shall remain with us and that this Agreement allows you to use Equipment only in connection with your receipt and use of the Service. We may, at our property (“Company Equipment”)option, supply new or reconditioned Equipment or non-third party Other Devices to you. During the term of this Agreement, we We will repair and maintain any Company the Equipment owned by us at our expense, unless such repair or maintenance is made necessary due to your misuse, abuse, negligent acts abuse or intentional damagedamage to the Equipment, in which case you will be financially responsible for the repair or replacement of the damaged Equipment. In order Except as set forth in the terms and conditions of any Verizon limited warranty applicable to ensure compliance with applicable laws and performance standardsOther Devices, you we have no obligation to repair, replace, or maintain any such Other Devices. You also agree that Company the Equipment shall will not be serviced by anyone other than our employees or agentsour designated agents or representatives. You further agree not to tamper with Company or otherwise harm the Equipment, and that you will not copy, modify, reverse compile or reverse engineer any Equipment or Other Devices, or software or firmware provided by Verizon in connection with the Service. Upon Except as set forth below, upon termination of the Service, or if you movethe occupancy or ownership of your Premises changes, you are responsible for returning all Company Equipment. Company the Equipment must be returned to us in an undamaged condition, subject only to reasonable wear and tear expectedtear. Failure to return any Equipment owned by us within 30 days as instructed by Verizon, or returning Equipment in a damaged condition (subject only to reasonable wear and tear), will result in the imposition of an Equipment fee that may be substantial. If the Equipment is affixed with a label which includes the following (or similar) message, “PROPERTY OF VERIZON. DO NOT REMOVE FROM PREMISES,” then you must not remove the Equipment and you will not be charged an Equipment Fee as long as the Equipment is left in place in reasonable condition (subject only to reasonable wear and tear.) In the event that any Equipment is stolen, you are required to provide us with a copy of the police report to verify that such Equipment was reported stolen. If no report is produced, then you will be held financially responsible for the stolen Equipment. Fios TV Equipment and Other Devices are priced separately from the price of the Service or Bundled Services plan, and may not be subject to the price protection applicable to the Service or Bundled Services plan in a term agreement or promotional offer. You may be required to pay certain Equipment-related fees, such as restocking fees and/or exchange fees. TERMINATION OF SERVICE; TERMINATION FEES. You or Verizon may terminate the Service at any time and for any reason by giving notice to the other in accordance with the notice provisions set forth in this agreement. Unless otherwise required by applicable law, termination will be effective on the last day of that month’s billing cycle, and you are responsible for all charges incurred through the date of termination. Installation or setup fees paid at the initiation of the Service, if any, are not refundable. If a termination is a result of violation by you of the terms of this agreement, you may also be liable to pay an Early Termination Fee as set forth in Section 10(b). We may, at our sole discretion, refuse to accept your subsequent request for Service following a location we designatetermination or suspension of your use of the Service. All Company Equipment must be returned no later than ten (10) days after If your Service is disconnectedterminated for any reason, you may be required to pay a reconnection fee or additional deposit before the Service is reactivated. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, IF YOU HAVE CHOSEN TO SUBSCRIBE TO A BUNDLED SERVICES PLAN WITH A MINIMUM TERM COMMITMENT, IF ANY OF THE BUNDLE SERVICES ARE TERMINATED BY YOU OR BY US BEFORE COMPLETING YOUR MINIMUM TERM, THEN YOU AGREE TO PAY VERIZON THE EARLY TERMINATION FEE SET FORTH IN THE BUNDLED SERVICES PLAN YOU HAVE CHOSEN. PRICING AND PAYMENT. In consideration for your receipt of the Service and use of any Equipment or Other Devices, you agree to pay us as follows: Service Fees. Billing for the Service will begin automatically: Upon installation of the Service if the Service is installed by Verizon or (ii) on the Due Date established by Verizon (after the Equipment, and any applicable Other Devices, has been delivered) if the Service is self-installed by you. Billing will continue until the Service is terminated in accordance with Section 10 (a) of this Agreement. You will begin receiving any discount associated with a Bundled Services plan once all the Bundled Services have been installed. Regular Service and Equipment (and, if applicable, Other Devices) charges are billed each month in advance. You agree to pay us in advance, at our rates in effect at the fair market value time, through all periods until the Service is terminated in accordance with Section 10 (a) of this Agreement. Other transactional charges, such as for On Demand or Pay Per View Services, are billed after the applicable service or feature has been ordered or provided to you. You may also be required, based on your ordering and payment history, to provide pre-billing statement payment by credit card or such other payment method as we may designate for transactional services such as On Demand or Pay Per View Services. You agree to pay all applicable charges for the Service and Equipment or Other Devices by the due date set forth in your monthly invoice. Rates for the Service and other charges (excluding charges detailed in Section 11(b) – (d)) may be changed by us at any time, subject to the provision of prior notice to you as required by law. If we provide you with notice, it will be provided as set forth in Section 14 below. Rates for On Demand and Pay Per View Services may change at any time. Your billing statement may also contain certain other charges (including, without limitation, taxes and other governmental fees, as well as charges such as franchise fees, account activation and installation charges, franchise related costs, surcharges, reactivation fees, customized setup fees, late payment charges on past-due balances, returned payment fees, Early Termination Fees and other nonrecurring charges) and you agree to pay such other charges by the due date set forth in your billing statement. The waiver of any unreturned Company Equipmentfees or charges is at our discretion. SetIf you cancel any component of a Bundled Services plan, the monthly charges for the remaining services on your account will automatically convert to the applicable existing non-top devices can cost up to $500.00 depending on the model installed, cable modems can cost up to $300.00 depending on model installeddiscounted monthly service rate.