Common use of Computer Software and Equipment Clause in Contracts

Computer Software and Equipment. A. All Software is and shall remain the exclusive property of Operator or one of its Affiliates (or the licensor of such Software, as the case may be), and Owner shall have no right to use, or to copy, any Software. B. Upon Termination, Operator shall have the right to remove from the Retirement Community, without compensation to Owner, all Software. Furthermore, upon Termination, Operator shall be entitled to remove from the Retirement Community any computer equipment which is utilized as part of a centralized operations control or property management system of Operator or is otherwise considered proprietary by Operator, or (ii) any other computer equipment utilized as part of a centralized system that is owned by Operator or a third party other than Owner. If any of such removed computer equipment is owned by Owner, Operator shall reimburse Owner for the book value of such equipment and shall repair any damage caused by the removal of such computer equipment. C. Upon Termination, Operator shall have the right to remove from the Retirement Community without compensation to Owner, any computer software (including upgrades and replacements) owned or licensed by Operator, or any of its Affiliates.