Provision of Service Equipment.  Customer understands that the Company may be situating certain equipment, including nut not limited to, DSL modems and routers, converters, quality of service hardware devices and Ethernet switches, on Customer’s premises, which equipment is a part or component of the] Service furnished by the Company (“Service Equipment”).  Title to Service Equipment will never pass to Customer.  Customer shall (a) maintain Service Equipment and any associated software, systems, cabling and facilities in accordance with the reasonable instructions of the Company as may be given from time to time; (b) not modify, relocate, or in any way interfere with Service Equipment unless expressly authorized by a representative of the Company to do so; and (c) not cause Service Equipment to be repaired, serviced, or otherwise accessed except by an authorized representative of the Company.  In addition, Customer shall furnish such electrical power in the form of a 120V outlet, including backup power, and such other amenities as are required in order to accommodate the service and in order for Service Equipment to function as intended.  Customer, upon reasonable request or notice, shall also allow the Company representatives to enter onto Customer premises or locations at which service is being provided in order to repair or maintain the service, including Service Equipment, or in order to remove Service Equipment.  Failure of Customer to permit such entry will discharge the Company from its service obligation.  Upon termination of Service or expiration of any Company Agreement, Customer will return Service Equipment to the Company at the Company’s expense in a manner determined by the Company.

Maintenance of Service Equipment.  With respect to the Service Equipment only, the Company will provide the following maintenance services (“Maintenance Services”): (i) Use commercially reasonable efforts to isolate any problems with the Service Equipment that reside on Customer’s site and send a technician to Customer site if necessary; (ii) If the Company, in its sole discretion, determines that any Service Equipment that resides on Customer’s premise needs to be replaced, such equipment will be replaced with equipment in good working order and of like kind and functionality from a manufacturer of the Company’s choice at the time of replacement (“Exchange Equipment”).  Maintenance Services shall only apply to problems arising out of the normal use of Service Equipment and shall not apply if Service Equipment is damaged as a result of the negligence or willful misconduct of Customer.  If repair and/or replacement is required because of damage caused by Customer’s negligence or willful misconduct, Customer will be charged time at a rate of $125 per hour to repair the Service Equipment, and Customer will be charged the replacement cost of the Service Equipment.

Return of Service Equipment.  Within 10 days of (a) expiration or termination of a Customer’s Service Equipment rental period (including any automatic extension thereof) or (b), if later, the expiration or cancellation of a the term of service of a circuit associated with both the Service Equipment and Company-provided interexchange service, the Customer shall return the Service Equipment the Company at the Company’s expense in good condition and repair, with Company-determined reasonable and proper depreciation excepted, addressed with a Company-provided shipping label.  The Customer shall properly pack the Service Equipment for return to the Company in accordance with standard commercial practices and the Company’s requirements.

Customer is liable for loss or damage to Service Equipment by any cause, including, bit not limited to, theft, mysterious disappearance, and fire.  If a Customer fails to return Service Equipment, or any portion thereof, as set forth in this section, the Customer will be billed and required to pay an amount equal to: (i) the Service Equipment manufacturer's list price in effect for at the time of expiration or termination of the rental period for the Service Equipment; and, (ii) any other associated charges incurred by the Company.