29 - Internet Services Agreement

Home Browse Search

abandoned such personal property in place, and title to such property automatically will vest in Customer. c. Alteration to Premises. Vyve will be responsible for any or all damages directly caused by its faulty workmanship or installation of the System, provided that the boring of holes or insertion of fasteners through the surface of walls for attachment of peripheral equipment is part of normal workmanship and will not be deemed damages. d. Right of Entre Term. This Section 4 will remain in full force and effect for so long as Vyve provides any Service Offering to any occupant of the Premises, plus an additional 90 days thereafter to effect any removal of the System. e. Representations and Warranties. Customer represents and warrants that (i) Customer has the full authority to fully perform its obligations hereunder and to grant the rights granted to Vyve herein, (ii) no party has any contractual right or any interest in the Premises that conflicts with any rights granted hereunder, and (iii) the Premises is not part of a bankruptcy proceeding, foreclosure action, or deed -in -lieu -of -foreclosure transaction. 5. SUPPORT & MAINTENANCE a. Vyve Equipment. Vyve shall use commercially reasonable efforts to maintain the Vyve- provided and installed equipment, including as applicable, any cabling, cable modems, related splitters, routers, handsets or other items, whether provided at no additional cost or leased by Customer from Vyve (collectively, "Vyve Equipment"), on Vyve's side of the demarcation points, as specified in the Service Order, used by Vyve to provide the Service. For the avoidance of doubt, inside telephone wiring, whether or not installed by Vyve, shall not be considered Vyve Equipment. Vyve Equipment is and shall remain the property of Vyve regardless of where installed within the Service Location(s) and shall not be considered a fixture or addition to the land or Service Location(s). At any time Vyve may remove, rearrange, disconnect, remove, attempt to repair or otherwise tamper with any Vyve Equipment in its sole discretion in connection with providing the Services. Customer shall not move, rearrange, disconnect, remove, attempt to repair or otherwise tamper with any Vyve Equipment or permit others to do so, and shall not use the Vyve Equipment for any purpose other than as authorized by this Master Agreement. b. Purchased & Customer -Provided Eui,.ment. Customer may elect to purchase certain equipment from Vyve for use of the Services at the applicable rates set forth in the Service Order(s) (collectively, "Purchased Equipment"). In addition to a cable modem, the use of the Service requires that Customer supply its own computer, Ethernet devices (if required) and operating systems that meet Vyve's technical requirements. If the Service cannot be used because of the Page 4 of 24