Common use of ACURUS Equipment Clause in Contracts

ACURUS Equipment. 5.12.1. Except as expressly provided by this Standard Agreement: (a) you will bear the risk of loss or damage to any ACURUS Equipment used or located on Your Premises or whilst in your possession or control; (b) the ACURUS Equipment always remains our property (or where relevant the lessor or licensors of the ACURUS Equipment to us); (c) you will ensure that, you have all necessary consents and approvals (including landlord approval where applicable) necessary or desirable for us to deliver, install and maintain the ACURUS Equipment at the Access Site; (d) you will not part with possession of the ACURUS Equipment except to us and will comply with all our reasonable directions relating to our rights of ownership of the ACURUS Equipment; (e) you will provide a suitable physical environment at Your Premises for the storage and operation of the ACURUS Equipment including supplying an adequate power supply for the operation of the ACURUS Equipment; (f) you must ensure that the ACURUS Equipment will not be altered, repaired, serviced, moved or disconnected except by service personnel approved by us; (g) you must take good care of the ACURUS Equipment while it is in your possession or control and must notify us immediately if you become aware of any damage to or malfunction of the ACURUS Equipment; (h) you will be liable to us for all loss of, or damage to, the ACURUS Equipment while at Your Premises or whilst in your possession or control, apart from fair wear and tear; and (i) you will only use the ACURUS Equipment in accordance with the manufacturer’s specifications or our written directions. 5.12.2. We may at any time change, modify, replace or service the ACURUS Equipment provided that the performance of the Service is not materially adversely affected. 5.12.3. We may charge you for any repair, maintenance or replacement of the ACURUS Equipment due to events other than normal wear and tear, including but not limited to: (a) Force Majeure Events; (b) failure to use that ACURUS Equipment in accordance with this Standard Agreement; (c) any act of wilful damage or interference by a party other than us, our employees or agents; (d) negligent use or misuse of that ACURUS Equipment by a party other than us, our employees or agents; (e) any failure or fluctuation of the electrical power supply to that ACURUS Equipment, or any external electromagnetic interference or any failure of air-conditioning and humidity control for that equipment; or (f) the performance of maintenance services by a party other than us or service personnel approved by us.

ACURUS Equipment. 5.12.1. 13.1 Except as expressly provided by this Standard Agreement: (a) you will bear the risk of loss or damage to any ACURUS Equipment used or located on Your Premises or whilst in your possession or control; (b) the ACURUS Equipment always remains our property (or where relevant the lessor or licensors of the ACURUS Equipment to us); (c) you will ensure that, you have all necessary consents and approvals (including landlord approval where applicable) necessary or desirable for us to deliver, install and maintain the ACURUS Equipment at the Access Site; (d) you will not part with possession of the ACURUS Equipment except to us and will comply with all our reasonable directions relating to our rights of ownership of the ACURUS Equipment; (e) you will provide a suitable physical environment at Your Premises for the storage and operation of the ACURUS Equipment including supplying an adequate power supply for the operation of the ACURUS Equipment; (f) you must ensure that the ACURUS Equipment will not be altered, repaired, serviced, moved or disconnected except by service personnel approved by us; (g) you must take good care of the ACURUS Equipment while it is in your possession or control and must notify us immediately if you become aware of any damage to or malfunction of the ACURUS Equipment; (h) you will be liable to us for all loss of, or damage to, the ACURUS Equipment while at Your Premises or whilst in your possession or control, apart from fair wear and tear; and (i) you will only use the ACURUS Equipment in accordance with the manufacturer’s specifications or our written directions. 5.12.2. 13.2 We may at any time change, modify, replace or service the ACURUS Equipment provided that the performance of the Service is not materially adversely affected. 5.12.3. 13.3 We may charge you for any repair, maintenance or replacement of the ACURUS Equipment due to events other than normal wear and tear, including but not limited to: (a) Force Majeure Events; (b) failure to use that ACURUS Equipment in accordance with this Standard Agreement; (c) any act of wilful damage or interference by a party other than us, our employees or agents; (d) negligent use or misuse of that ACURUS Equipment by a party other than us, our employees or agents; (e) any failure or fluctuation of the electrical power supply to that ACURUS Equipment, or any external electromagnetic interference or any failure of air-conditioning and humidity control for that equipment; or (f) the performance of maintenance services by a party other than us or service personnel approved by us.