Condition of the Equipment. EACH LESSEE ACKNOWLEDGES AND AGREES THAT ALTHOUGH LESSOR WILL OWN AND HOLD LEGAL TITLE TO THE EQUIPMENT, LESSEES, JOINTLY AND SEVERALLY, ARE RESPONSIBLE (A) FOR THE SELECTION OF THE EQUIPMENT, EACH PART THEREOF AND THE MANUFACTURER THEREOF AND THE TERMS AND CONDITIONS RELATING TO THE MANUFACTURE, PURCHASE AND SHIPMENT THEREOF, (B) FOR THE DESIGN, SIZE, CAPACITY, DEVELOPMENT, BUDGETING, CONSTRUCTION, SHIPMENT, INSTALLATION, TESTING AND PLACEMENT IN SERVICE OF THE EQUIPMENT, AND (C) ANY ALTERATIONS OR MODIFICATIONS AND ALL ACTIVITIES CONDUCTED IN CONNECTION THEREWITH. EACH LESSEE ACKNOWLEDGES AND AGREES THAT LESSOR IS NOT THE MANUFACTURER OF THE EQUIPMENT OR ANY PART THEREOF NOR IS IT A DEALER IN PROPERTY OF SUCH KIND. EACH LESSEE FURTHER ACKNOWLEDGES AND AGREES THAT IT IS LEASING THE EQUIPMENT “AS IS” WITHOUT REPRESENTATION, WARRANTY OR COVENANT (EXPRESS OR IMPLIED) BY LESSOR, COLLATERAL AGENT OR ANY OF THE LENDERS AND IN EACH CASE SUBJECT TO (A) THE EXISTING STATE OF TITLE (INCLUDING THE INTERESTS OF ANY SELLER OR ANY OTHER PERSON HAVING AN INTEREST IN THE EQUIPMENT, BUT EXCLUDING LESSOR LIENS), (B) THE RIGHTS OF ANY PARTIES IN POSSESSION THEREOF AND ANY SUCH PERSON’S SUCCESSORS, ASSIGNS, INVITEES, LICENSEES, LESSEES, SUBLESSEES OR ANY OTHER PERSONS CLAIMING BY OR THROUGH ANY SUCH PERSON, (C) ANY STATE OF FACTS WHICH AN ACCURATE PHYSICAL INSPECTION MIGHT SHOW, AND (D) VIOLATIONS OF REQUIREMENTS OF LAW WHICH MAY EXIST ON THE DATE HEREOF OR ON THE DELIVERY DATE FOR THE EQUIPMENT. NONE OF LESSOR, COLLATERAL AGENT OR ANY OF THE LENDERS HAS MADE OR SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATION, WARRANTY OR COVENANT (EXPRESS OR IMPLIED) OR SHALL BE DEEMED TO HAVE ANY LIABILITY WHATSOEVER AS TO THE TITLE (OTHER THAN FOR LESSOR LIENS), MERCHANTABILITY, VALUE, HABITABILITY, USE, CONDITION, DESIGN, OPERATION, OR FITNESS FOR USE FOR ANY PURPOSE OF ANY OF THE EQUIPMENT (OR ANY PART THEREOF), THE ABILITY OF ANY OF THE EQUIPMENT TO PERFORM ANY FUNCTION, OR ANY OTHER REPRESENTATION, WARRANTY OR COVENANT WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF THE EQUIPMENT (OR ANY PART THEREOF), AND NONE OF LESSOR, COLLATERAL AGENT OR ANY OF THE LENDERS SHALL BE LIABLE FOR ANY LATENT, HIDDEN, OR PATENT DEFECT THEREIN (OTHER THAN FOR LESSOR LIENS) OR THE FAILURE OF ANY OF THE EQUIPMENT OR ANY PART THEREOF, TO COMPLY WITH ANY REQUIREMENT OF LAW. EACH LESSEE HAS BEEN AFFORDED FULL OPPORTUNITY TO INSPECT THE EQUIPMENT TO BE LEASED BY IT HEREUNDER, IS SATISFIED WITH THE RESUL...
Condition of the Equipment it will keep and maintain, and will ensure that each Trading Company keeps and maintains, its Equipment in good operating condition and repair (ordinary wear and tear excepted) and will make all necessary replacements;
Condition of the Equipment. Lessee acknowledges having examined the Equipment upon its delivery to Lessee. Lessee’s acceptance or use of the Equipment without prompt notice to StoMachine Technology that the Equipment is not in good mechanical condition constitutes Lessee’s acknowledgement that the Equipment is in good mechanical condition at that time. If, during Lessee’s possession of the Equipment, it is found by Lessee not to be in good mechanical condition as a result of conditions not the responsibility of Lessee, nor caused by the fault or negligence of Lessee or Lessee’s employees or agents, Lessee will so notify StoMachine Technology, whereupon StoMachine Technology will then, at its option and without any other liability or responsibility by StoMachine Technology to customer; (a) repair or suitably replace the Equipment within a reasonable time during StoMachine Technology’s normal working hours; or (b) remove the Equipment and terminate this Agreement and refund payments of rental charges, if any, for the un-expired term of the Agreement, less whatever is due StoMachine Technology for damage to or maintenance of Equipment which is the responsibility of Lessee. Xxxxxx agrees to provide full access to the Equipment to StoMachine Technology’s representatives so as to enable StoMachine Technology to meet its StoMachine Technology Master Equipment Lease Agreement responsibilities hereunder. Notwithstanding the foregoing provisions of this Paragraph 18, Xxxxxx agrees to indemnify and hold harmless StoMachine Technology, its subsidiary and affiliated companies, parent company and its and their officers, agents and employees, to the extent provided in Paragraph 13 of this Agreement. THE FOREGOING IS IN LIEU OF (I) ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; AND OF (II) ALL OBLIGATIONS OR LIABILITY ON THE PART OF STOMACHINE TECHNOLOGY TO LESSEE FOR DAMAGES, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE RENTING, MAINTENANCE, USE, OPERATION, STORAGE, ERECTION, DISMANTLING OR TRANSPORTATION OF THE EQUIPMENT.
Condition of the Equipment. THE BORROWER agrees that it will return the Equipment in the same condition that it was in when it left the College, ordinary wear and tear not excepted. If THE BORROWER needs to repair or replace any equipment during the course of its use, it will do so at its own expense, and will be obligated to return the Equipment to the College at the end of the agreement. If the College determines that the Equipment is not in the same or better condition that it was when it left the College, it may repair or replace any piece or part of the Equipment and THE BORROWER will pay the cost upon receipt of a bone fide invoice.
Condition of the Equipment. NationsRent acknowledges that the Equipment may be either new or used equipment. BOSTON RENTAL MAKES NO WARRANTY AS TO THE EQUIPMENT AND FURTHER BOSTON RENTAL DOES HEREBY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IT IS HEREBY ACKNOWLEDGED AND AGREED THAT THE EQUIPMENT IS RENTED “AS IS.” If Boston Rental receives from a provider of Equipment to it any warranty (express or implied) as to an item of Equipment, then a limited right to such warranty rights during the Term of such item of Equipment shall be deemed included in the rental of such item of Equipment by Boston Rental to NationsRent, to the extent not prohibited by the acquisition agreement between Boston Rental and such Equipment provider.
Condition of the Equipment. 11.1 The equipment has been inspected by Maan Rental ODE ApS and verified to be functioning properly before it is delivered to the Customer.
Condition of the Equipment. Lessor represents and warrants that the Equipment is in good condition and repair, and it is in good operating condition.
Condition of the Equipment. 6.6 You are responsible for determining whether the Equipment will be suitable and fit for your particular purposes.
Condition of the Equipment. Lessor and Lessee have examined the Equipment and stipulate, represent and warrant that the Equipment is, at the date of this Lease, in good repair, and that no representation as to the condition or repairs thereof have been made by Lessor prior to at the execution of this Lease that are not herein expressed or endorsed herein.
Condition of the Equipment. The Lessor warrants the equipment, upon delivery to Commission, to be in good mechanical and merchantable condition. The Commission’s acceptance or use of Equipment constitutes Commission’s acknowledgment that the equipment is in working condition at that time. The Commission agrees to provide Lessor reasonable access to the equipment.
