Common use of Equipment and Installation Clause in Contracts

Equipment and Installation. a. CrossLayer, or its agent, shall provide, install, maintain, repair, operate and control CrossLayer’s equipment (“CrossLayer Equipment”). Unless specifically provided for herein, or in any service request, CrossLayer shall pay the cost of purchase and installing any CrossLayer Equipment. b. CrossLayer Equipment shall be used exclusively for providing the Services pursuant to the Agreement, unless otherwise expressly provided. c. CrossLayer Equipment shall remain the sole and exclusive property of CrossLayer and nothing contained herein shall give or convey to Customer, or any third party, any right, title, or interest whatsoever in CrossLayer equipment. CrossLayer Equipment shall remain personal property, notwithstanding that it may be, or become, attached to, or embedded into real property. Customer shall not tamper with, nor remove, any identification markings or labels attached to CrossLayer Equipment identifying CrossLayer’s ownership interest. d. Equipment and service beyond the point of demarcation (“Demarc”) and/or interconnection between CrossLayer’s facilities and terminal equipment and the wiring at the Demarc shall be the sole responsibility of Customer unless otherwise expressly provided herein. e. If Customer provides its own equipment, CrossLayer shall have no obligation to install, maintain, or repair the equipment. If, on responding to a Customer-initiated service call, CrossLayer and Customer jointly determine that the cause of the service deficiency was in any way caused by equipment other than CrossLayer Equipment, Customer shall compensate CrossLayer for actual time and materials expended during the service call. f. Neither Party shall adjust, align, attempt to repair, relocate, or remove the other party’s equipment, except as expressly authorized in writing by the other Party. g. Customer shall be liable for any loss of or damage to CrossLayer Equipment caused by Customer’s acts. Customer agrees to reimburse CrossLayer for the reasonable cost of repair of CrossLayer’s equipment, or the replacement thereof, within thirty (30) days after receipt by Customer of a written request for reimbursement. h. CrossLayer shall be liable for any loss of, or damage to, Customer’s equipment caused by CrossLayer’s negligence, intentional acts, willful misconduct, or unauthorized maintenance. CrossLayer shall reimburse Customer for the reasonable cost of repair of the equipment, or the replacement thereof, within thirty (30) days after receipt by ▇▇▇▇▇▇▇▇▇▇ of a written request for reimbursement.

Equipment and Installation. a. CrossLayer, or its agent, shall provide, install, maintain, repair, operate and control CrossLayer’s equipment (“CrossLayer Equipment”). Unless specifically provided for herein, or in any service request, CrossLayer shall pay the cost of purchase and installing any CrossLayer Equipment. b. CrossLayer Equipment shall be used exclusively for providing the Services pursuant to the Agreementthis Schedule 4, unless otherwise expressly provided. c. CrossLayer Equipment shall remain the sole and exclusive property of CrossLayer and nothing contained herein shall give or convey to Customer, or any third party, any right, title, or interest whatsoever in CrossLayer equipment. CrossLayer Equipment shall remain personal property, notwithstanding that it may be, or become, attached to, or embedded into real property. Customer shall not tamper with, nor remove, any identification markings or labels attached to CrossLayer Equipment identifying CrossLayer’s ownership interest. d. Equipment and service beyond the point of demarcation (“Demarc”) and/or interconnection between CrossLayer’s facilities and terminal equipment and the wiring at the Demarc shall be the sole responsibility of Customer unless otherwise expressly provided herein. e. If Customer provides its own equipment, CrossLayer shall have no obligation to install, maintain, or repair the equipment. If, on responding to a Customer-initiated service call, CrossLayer and Customer jointly determine that the cause of the service deficiency was in any way caused by equipment other than CrossLayer Equipment, Customer shall compensate CrossLayer for actual time and materials expended during the service call. f. Neither Party shall adjust, align, attempt to repair, relocate, or remove the other party’s equipment, except as expressly authorized in writing by the other Party. g. Customer shall be liable for any loss of or damage to CrossLayer Equipment caused by Customer’s acts. Customer agrees to reimburse CrossLayer for the reasonable cost of repair of CrossLayer’s equipment, or the replacement thereof, within thirty (30) days after receipt by Customer of a written request for reimbursement. h. CrossLayer shall be liable for any loss of, or damage to, Customer’s equipment caused by CrossLayer’s negligence, intentional acts, willful misconduct, or unauthorized maintenance. CrossLayer shall reimburse Customer for the reasonable cost of repair of the equipment, or the replacement thereof, within thirty (30) days after receipt by ▇▇▇▇▇▇▇▇▇▇ CrossLayer of a written request for reimbursement.