Assignment of Manufacturer’s Warranties. Lessor hereby assigns to Lessee, to the extent assignable, all manufacturer's warranties, service agreements and patent indemnities with respect to the Equipment, if any, for the purpose of making appropriate claims against the manufacturer, provided that the Lessor shall retain at all times the right to be protected by these warranties, agreements and indemnities as the owner of the Equipment. The Lessee's sole remedy for the breach of any such warranty, indemnification or service agreement shall be against the manufacturer, and not against Lessor or any Assignee of Lessor, nor shall any such breach have any effect whatsoever on the rights and obligations of either party with respect to this Lease Agreement. Lessor will, upon request by Lessee and at Lessee's sole expense, cooperate with Lessee in the enforcement of any benefit provided in any such warranties, service agreements and patent indemnities.
Appears in 3 contracts
Samples: Master Lease Agreement (Rhythms Net Connections Inc), Master Lease Agreement (RMH Teleservices Inc), Master Lease Agreement (Rhythms Net Connections Inc)
Assignment of Manufacturer’s Warranties. Lessor hereby assigns to Lessee, to the extent assignable, all manufacturer's manufacturers warranties, service agreements and patent indemnities with respect to the Equipment, if any, for the purpose of making appropriate claims against the manufacturer, provided that the Lessor shall retain at all times the right to be protected by these warranties, agreements and indemnities as the owner of the Equipment. The Lessee's sole remedy for the breach of any such warranty, indemnification or service agreement shall be against the manufacturer, and not against Lessor or any Assignee of Lessor, nor shall any such breach have any effect whatsoever on the rights and obligations of either party with respect to this Lease Agreement. Lessor will, upon request by Lessee and at Lessee's sole expense, cooperate with Lessee in the enforcement of any benefit provided in any such warranties, service agreements and patent indemnities.
Appears in 2 contracts
Samples: Master Lease Agreement (Rhythms Net Connections Inc), Master Lease Agreement (Interliant Inc)
Assignment of Manufacturer’s Warranties. Lessor hereby assigns to Lessee, to the extent assignable, all manufacturer's warranties, service agreements and patent indemnities with respect to the Equipment, if any, for the purpose of making appropriate claims against the manufacturer, provided that the Lessor shall retain at all times the right to be protected by these warranties, agreements and indemnities as the owner of the Equipment. The Lessee's sole remedy for the breach of any such warranty, indemnification Indemnification or service agreement shall be against the manufacturer, and not against Lessor or any Assignee of Lessor, nor shall any such breach have any effect whatsoever on the rights and obligations of either party with respect to this Lease Agreement. Lessor will, upon request by Lessee and at Lessee's sole expense, cooperate with Lessee in the enforcement of any benefit provided in any such warranties, service agreements and patent indemnities.. 3
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