Common use of EIGHTEENTH Clause in Contracts

EIGHTEENTH. “THE PROVIDER” agrees that “THE FUND” can verify due observance of social security benefits with the Institutb Mexicano del Seguro Social (IMSS, [Mexican Social Security Institute]). Said verification can be on a random basis and through the corresponding delegations, as well as through registrations of employees providing the services object of this contract. Any breach or anomaly that may be found shall be immediately reported by "THE FUND” both to the Mexican Social Security Institute and the Secretariat of Labor and Employment Promotion for the actions required by law. NINETEENTH. PATENTS, TRADEMARKS, COPYRIGHT, AND REGULATIONS RELATED TO THE SERVICES ■- “THE PROVIDER” shall be solely liable for any violations derived from misuse of trademarks, licenses, and copyrights belonging to third parties, or any regulation that could arise on the occasion of the provision of the services covered under this instrument. When using them bn its own behalf. “THE PROVIDER” agrees to hold “THE FUND” harmless from any claim or controversy that may arise with regards to these. TWENTIETH SUPERVISION. - Through its requesting department, “THE FUND” shall be allowed, at any time, to verify that the provision of the services under the terms of this contract is being performed by “THE PROVIDER” in accordance with the terms of this contract and the instructions given pursuant to it, and “THE PROVIDER” must comply with the instructions given by “THE FUND” at all times. Likewise, “THE FUND” can test the quality and borripliance of the services provided at any time by means of inspection visits that it deems appropriate. In the event of non-compliance by “THE PROVIDER”", “THE FUND” shall be able to opt for the administrative rescission of this contract. Likewise, “THE FUND” shall be able to list in writing for “THE PROVIDER” any observations and instructions that it deems relevant regarding compliance with this instrument. “THE PROVIDER” on its behalf agrees to comply with said observations, and if it does not, “THE FUND” shall proceed to administratively rescind or request that “THE PROVIDER” comply with the contract, as well as apply the contractual penalties or collect any damages and losses caused. TWENTY-FIRST “THE PROVIDER” agrees that everything related to the coordination, linking, supervision and reporting on the correct performance of the services of this contract, as well as to carry out all actions inherent to this legal instrument, as agreed or under instructions received, shall be paid by “THE FUND”. TWENTY-SECOND. ADMINISTRATIVE RESCISSION.- I“.”THE FUND” shall be. able to rescind this contract at any time pursuant to administrative procedure, without further liability, following the application of any contractual penalties for breach of any of the obligations set forth herein, due to causes attributable to “THE PROViDER”", unless said breach derives from a unforeseeable circumstances or force majeure as established in paragraph two of Article 58 of the Regulations of the Procurement Act for Mexico City.

Appears in 1 contract

Sources: Contract for Provision of Services

EIGHTEENTH. “THE PROVIDER” agrees It is expressly covenanted and agreed by Grantor that “THE FUND” can verify due observance of social security benefits with in the Institutb Mexicano del Seguro Social (IMSSevent that Grantor fails to pay when due, [Mexican Social Security Institute]). Said verification can be on a random basis and through whether by acceleration or otherwise, the corresponding delegations, as well as through registrations of employees providing the services object of this contract. Any breach or anomaly that may be found shall be immediately reported by "THE FUND” both Lender Obligations pursuant to the Mexican Social Security Institute and the Secretariat of Labor and Employment Promotion for the actions required by law. NINETEENTH. PATENTS, TRADEMARKS, COPYRIGHT, AND REGULATIONS RELATED TO THE SERVICES ■- “THE PROVIDER” shall be solely liable for any violations derived from misuse of trademarks, licenses, and copyrights belonging terms to third parties, or any regulation that could arise on the occasion of the provision of the services covered under this instrument. When using them bn its own behalf. “THE PROVIDER” agrees to hold “THE FUND” harmless from any claim or controversy that may arise with regards to these. TWENTIETH SUPERVISION. - Through its requesting department, “THE FUND” shall be allowed, at any time, to verify that the provision of the services under the terms of this contract is being performed by “THE PROVIDER” in accordance with the terms of this contract and the instructions given pursuant Subsidiary Guaranty or fails to itpay when due any other indebtedness secured hereby, and “THE PROVIDER” must comply with the instructions given by “THE FUND” at all times. Likewiseor if Grantor fails to perform, “THE FUND” can test the quality and borripliance of the services provided at any time by means of inspection visits that it deems appropriate. In the event of non-compliance by “THE PROVIDER”"or cause to be performed, “THE FUND” shall be able to opt for the administrative rescission of this contract. Likewise, “THE FUND” shall be able to list in writing for “THE PROVIDER” any observations and instructions that it deems relevant regarding compliance with this instrument. “THE PROVIDER” on its behalf agrees to comply with said observations, and if it does not, “THE FUND” shall proceed to administratively rescind or request that “THE PROVIDER” comply with the contract, as well as apply the contractual penalties or collect any damages and losses caused. TWENTY-FIRST “THE PROVIDER” agrees that everything related to the coordination, linking, supervision and reporting on the correct performance of the services of this contract, as well as to carry out all actions inherent to this legal instrument, as agreed or under instructions received, shall be paid by “THE FUND”. TWENTY-SECOND. ADMINISTRATIVE RESCISSION.- I“.”THE FUND” shall be. able to rescind this contract at any time pursuant to administrative procedure, without further liability, following the application of any contractual penalties for breach of any of the other obligations set forth herein, due to causes attributable to “THE PROViDER”", unless said breach derives from a unforeseeable circumstances or force majeure as established in paragraph two of Article 58 of the Regulations Subsidiary Guaranty, this Deed of Trust, the Subsidiary Security Agreement or other document or instrument secured hereby or providing security for the indebtedness or other obligations secured hereby, then Beneficiary shall as a matter of right be entitled to the appointment of a receiver or receivers for all or any part of the Procurement Act Property, whether such receivership be incident to a proposed sale (or sales) of such property or otherwise, and without regard to the value of the Property or the solvency of any person or persons liable for Mexico Citythe payment of the indebtedness secured hereby, and Grantor does hereby irrevocably consent to the appointment of such receiver or receivers, waives any and all defenses to such appointment, agrees not to oppose any application therefor by Beneficiary, and agrees that such appointment shall in no manner impair, prejudice or otherwise affect the rights of Beneficiary to application of Rents as provided in this Deed of Trust. Nothing herein is to be construed to deprive Beneficiary of any other right, remedy or privilege it may have under the law to have a receiver appointed. Any money advanced by Beneficiary in connection with any such receivership shall be a demand obligation (which obligation Grantor hereby promises to pay) owing by Grantor to Beneficiary pursuant to this Deed of Trust.

Appears in 1 contract

Sources: Revolving Credit and Letter of Credit Issuance Agreement (Carbide Graphite Group Inc /De/)

EIGHTEENTH. “THE PROVIDER” In the event that the DISTRIBUTOR should fail to comply with any of its obligations under this agreement or the Distributor’s Manual, OMNILIFE will have the power to terminate the agreement, with said termination taking place automatically once the DISTRIBUTOR receives a written communication affirming this clause, without prejudice to any legal actions OMNILIFE may carry out against the DISTRIBUTOR, who has the right to do the same under equal terms. With the termination of this agreement, neither party shall have any subsequent rights in regards to the other except for the liquidation of outstanding debts. NINETEENTH.- Pursuant to the type of business, the DISTRIBUTOR agrees that “THE FUND” can verify due observance OMNILIFE has the right to modify at any time the Distributor’s Manual – which it has made available to the DISTRIBUTOR in electronic as well as written form. These modifications will be made available to the DISTRIBUTOR on the notice boards of social security benefits the Distribution Centers and on OMNILIFE’S website, which the DISTRIBUTOR knows how to access, and will be published prior to their implementation. In the event the DISTRIBUTOR does not agree with a particular modification, he/she will be entitled to terminate his/her agreement by sending a simple message to OMNILIFE. If there is no statement opposing the Institutb Mexicano del Seguro Social (IMSSchanges made by the DISTRIBUTOR during the allotted time, [Mexican Social Security Institute])the amendments to the Distributor’s Manual will be considered approved and accepted, and will become enforceable. Said verification can TWENTIETH.- The DISTRIBUTOR is not obligated to purchase certain Products or do so with any type of frequency, nor is he/she subject to any particular business hours for the distribution of the Products; furthermore, he/she shall not be on a random basis subject to the authority or instructions of OMNILIFE employees, nor be held accountable by them in the performance of his/her activities, except those activities pursuant to the nature of this agreement. TWENTY-FIRST.- The DISTRIBUTOR may authorize another person to participate in the distribution of OMNILIFE Products under his/her same agreement; this person, who assumes the role of Co-distributor, will participate directly in the purchase and through sale of the corresponding delegationsProducts, as well as through registrations in the operation and marketing of employees providing the services object Independent Business. Being appointed Co-distributor implies becoming the beneficiary of this contractall the rights and obligations of the DISTRIBUTOR in the event of his/her death. Any breach or anomaly TWENTY-SECOND.- The DISTRIBUTOR agrees to maintain confidentiality of all the economic, financial, accounting, strategic, marketing, customer, and any other information that may be found shall be immediately reported by "THE FUND” both obtained from OMNILIFE pursuant to the Mexican Social Security Institute present agreement. Likewise, the sales information obtained by the DISTRIBUTOR as a result of the relationship originating from this agreement regarding the company’s business, marketing, sales, and promotion practices, are new to the Secretariat DISTRIBUTOR and have been especially designed by OMNILIFE at a high cost, granting competitive advantages to the company. Because of Labor this, the DISTRIBUTOR must observe the strictest confidentiality; he or she may not use this private information for any other purposes that those described herein, and Employment Promotion is responsible for any damages caused to OMNILIFE due to a breach of confidentiality. TWENTY-THIRD.- In order to ensure that activities performed by the actions DISTRIBUTOR do not provide unlawful organizations with an opportunity to conceal the proceeds of illegal activities, or use resources destined for illegal organizations or activities, the DISTRIBUTOR shall put into practice the measures required by law, performing each of his/her operations in accordance with the strictest ethical principles and in strict observance of the applicable laws, rules and regulations, especially those related to the prevention of illegal activities or any similar or related activity. NINETEENTHTWENTY-FIFTH.- The DISTRIBUTOR is aware and agrees to his/her personal information being processed by OMNILIFE in its database, to be used within the context of the business relationship that exists between the PARTIES, as well as for marketing purposes, including offering products and services other than those initially stipulated. PATENTSLikewise, TRADEMARKSthe DISTRIBUTOR authorizes the company to communicate or transfer this information to other companies within the OMNILIFE GROUP on a national and international level. TWENTY-SIXTH.- Due to the nature of the business structure and as previously noted, COPYRIGHTthe DISTRIBUTOR may also have access to the information of his/her personally sponsored distributors regarding their contact information, AND REGULATIONS RELATED TO THE SERVICES ■- “THE PROVIDER” product purchases, and of those distributors’ personally sponsored distributors which you authorize by signing this contract; the personally sponsored distributors may also have access to their sponsor´s information, product purchases and other personally sponsored distributors. The Distributor agrees to comply with the all applicable laws referring to privacy and data protection; therefore, In the event of a breach on behalf of the DISTRIBUTOR, he or she will assume complete responsibility, freeing OMNILIFE from any liability. TWENTY-SEVENTH.- Any notification or announcement between the PARTIES shall be solely liable for any violations derived from misuse made to the address that is registered in OMNILIFE’S system at the time of trademarks, licenses, the notification. TWENTY-EIGHT.- This agreement shall be governed by and copyrights belonging construed in accordance with the laws of the State of Texas. Any controversy or claim arising out of or relating to third partiesthis agreement, or any regulation that could arise on the occasion breach thereof, shall be settled in Dallas county, Texas by binding arbitration administered by the American Arbitration Association (“AAA”) and governed by the AAA Commercial Arbitration rules (“AAA Rules”) of the provision AAA. The judgment upon the award rendered by the arbitrator may be entered for enforcement, if necessary, in any court of competent jurisdiction sitting in Dallas County, Texas. Claims shall be heard by a single arbitrator. The arbitrator shall award all arbitration costs and attorney fees incurred as a result of enforcing the services covered arbitration to the prevailing party, as well as, any obligation created under this instrumentthe agreement, any remedy, or declaratory or injunctive relief that a Texas State Court could order grant. When using them bn its own behalf. “THE PROVIDER” agrees Omnilife will attempt to hold “THE FUND” harmless from resolve any claim or controversy that may arise with regards to these. TWENTIETH SUPERVISION. - Through its requesting departmentin a friendly and informal manner, “THE FUND” so that, before such arbitration is established, the disputing party shall be allowed, at any time, to verify that give the provision other party written notice of the services under the terms of this contract is being performed by “THE PROVIDER” in accordance with the terms of this contract and the instructions given pursuant to it, and “THE PROVIDER” must comply with the instructions given by “THE FUND” at all times. Likewise, “THE FUND” can test the quality and borripliance nature of the services provided at dispute. The parties will have ten (10) business days following actual receipt of the Notice to meet in an attempt to resolve the dispute. If the Parties are unable to resolve the dispute within ten (10) business days, either Party may initiate a binding arbitration proceeding. Both the distributor and Omnilife waive the right to sue in court and agree that any time arbitration under this agreement will be on an individual basis, waiving the possibility of filing a class or representative lawsuit. Except as may be required by means law, neither the DISTRIBUTOR nor an arbitrator may disclose the existence, content, or results of inspection visits that it deems appropriate. In any arbitration hereunder without the event prior written consent of non-compliance by “THE PROVIDER”", “THE FUND” shall be able to opt for the administrative rescission of this contract. Likewise, “THE FUND” shall be able to list in writing for “THE PROVIDER” any observations and instructions that it deems relevant regarding compliance with this instrument. “THE PROVIDER” on its behalf agrees to comply with said observations, and if it does not, “THE FUND” shall proceed to administratively rescind or request that “THE PROVIDER” comply with the contract, as well as apply the contractual penalties or collect any damages and losses causedOMNILIFE. TWENTY-FIRST “THE PROVIDER” agrees that everything related NINTH.- For matters not provided for in the present agreement, the PARTIES are subject to the coordinationDistributor’s Manual, linking, supervision and reporting on the correct performance which as an annex to this document represents an integral part of the services of this contractagreement, as well as and secondly to carry out all actions inherent to this legal instrument, as agreed or under instructions received, shall be paid by “THE FUND”. TWENTY-SECOND. ADMINISTRATIVE RESCISSION.- I“the applicable rules and regulations.”THE FUND” shall be. able to rescind this contract at any time pursuant to administrative procedure, without further liability, following the application of any contractual penalties for breach of any of the obligations set forth herein, due to causes attributable to “THE PROViDER”", unless said breach derives from a unforeseeable circumstances or force majeure as established in paragraph two of Article 58 of the Regulations of the Procurement Act for Mexico City.

Appears in 1 contract

Sources: Independent Distribution Agreement

EIGHTEENTH. “THE PROVIDER” agrees All notices and demands, legal or otherwise, incidental to this lease, or the occupation of the demised premises, shall be in writing. If the Landlord or its agent desires to give or serve upon the Tenant any notice or demand, it shall be sufficient to send a copy thereof by registered mail, addressed to the Tenant at the demised premises, or to leave a copy thereof with a person of suitable age found on the premises, or to post a copy thereof upon the door to said premises Notices from the Tenant to the Landlord shall be sent by registered mail or delivered to the Landlord at the place hereinbefore designated for the payment of rent, or to such party or place as the Landlord may from time to time designate in writing. Nineteenth.--It is further agreed that “THE FUND” can verify due observance of social security benefits with if at any time during the Institutb Mexicano del Seguro Social (IMSS, [Mexican Social Security Institute]). Said verification can be on a random basis and through the corresponding delegations, as well as through registrations of employees providing the services object term of this contract. Any breach lease the Tenant shall make any assignment for the benefit of creditors, or anomaly that may be found decreed insolvent or bankrupt according to law, or if a receiver shall be immediately reported by "THE FUND” both to the Mexican Social Security Institute and the Secretariat of Labor and Employment Promotion appointed for the actions required Tenant, then the Landlord may, at its option, terminate this lease, exercise of such option to be evidenced by law. NINETEENTH. PATENTSnotice to that effect served upon the assignee, TRADEMARKSreceiver, COPYRIGHTtrustee or other person in charge of the liquidation of the property of the Tenant or the Tenant’s estate, AND REGULATIONS RELATED TO THE SERVICES ■- “THE PROVIDER” but such termination shall be solely liable for not release or discharge any violations derived from misuse payment of trademarks, licenses, rent payable hereunder and copyrights belonging to third partiesthen accrued, or any regulation that could arise liability then accrued by reason of any agreement or covenant herein contained on the occasion part of the provision Tenant, or the Tenant’s legal representative. Twentieth.--In the event that the Tenant shall remain in the demised premises after the expiration of the services covered term of this lease without having executed a new written lease with the Landlord, such holding over shall not constitute a renewal or extension of this lease. The Landlord may, at its option, elect to treat the Tenant as one who has not removed at the end of his term, and thereupon be entitled to all the remedies against the Tenant provided by law in that situation, or the Landlord may elect, at its option, to construe such holding over as a tenancy from month to month, subject to all the terms and conditions of this lease, except as to duration thereof, and in that event the Tenant shall pay monthly rent in advance at the rate provided herein as effective during the last month of the demised term. Twenty-first.--If the property or any part thereof wherein the demised premises are located shall be taken by public or quasi-public authority under any power of eminent domain or condemnation, this instrument. When using them bn its own behalf. “THE PROVIDER” agrees to hold “THE FUND” harmless from any lease, at the option of the Landlord, shall forthwith terminate and the Tenant shall have no claim or controversy that may arise interest in or to any award of damages for such taking. Twenty-second.--The Tenant has this day deposited with regards the Landlord the sum of $ 1,045.00 as security for the full and faithful performance by the Tenant of all terms, covenants and conditions of this lease upon the Tenant's part to these. TWENTIETH SUPERVISION. - Through its requesting departmentbe performed, “THE FUND” which said sum shall be allowed, at any time, returned to verify that the provision Tenant after the time fixed as the expiration of the services under term herein, provided the terms Tenant has fully and faithfully carried out all of this contract is being performed by “THE PROVIDER” in accordance with the terms of this contract said terms, covenants and the instructions given pursuant conditions on Tenant's part to it, and “THE PROVIDER” must comply with the instructions given by “THE FUND” at all times. Likewise, “THE FUND” can test the quality and borripliance of the services provided at any time by means of inspection visits that it deems appropriatebe performed. In the event of non-compliance by “THE PROVIDER”"a bona fide sale, “THE FUND” subject to this lease, the Landlord shall have the right to transfer the security to the vendee for the benefit of the Tenant and the Landlord shall be able to opt considered released by the Tenant from all liability for the administrative rescission return of such security; and the Tenant agrees to look to the new Landlord solely for the return of said security, and it is agreed that this shall apply to every transfer or assignment made of the security to a new Landlord. The security deposited under this Lease shall not be mortgaged, assigned or encumbered by the Tenant without the written consent of the Landlord. Twenty-third.--Any dispute arising under this lease shall be settled by arbitration. Then Landlord and Tenant shall each choose an arbitrator, and the two arbitrators thus chosen shall select a third arbitrator. The findings and award of the three arbitrators thus chosen shall be final and binding on the parties hereto. Twenty-fourth.--No rights are to be conferred upon the Tenant until this lease has been signed by the Landlord, and an executed copy of the lease has been delivered to the Tenant. Twenty-fifth.--The foregoing rights and remedies are not intended to be exclusive but as additional to all rights and remedies the Landlord would otherwise have by law. Twenty-sixth.--All the terms, covenants and conditions of this contractlease shall inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns of the parties hereto. LikewiseHowever, “THE FUND” in the event of the death of the Tenant, if an individual, the Landlord may, at its option, terminate this lease by notifying the executor or administrator of the Tenant at the demised premises. Twenty-seventh.--This lease and the obligation of Tenant to pay rent hereunder and perform all of the other covenants and agreements hereunder on part of Tenant to be performed shall in nowise be able affected, impaired or excused because Landlord is unable to list supply or is delayed in writing for “THE PROVIDER” supplying any observations and instructions that it deems relevant regarding compliance with this instrument. “THE PROVIDER” on its behalf agrees service expressly or impliedly to comply with said observationsbe supplied or is unable to make, and or is delayed in making any repairs, additions, alterations or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if it does not, “THE FUND” shall proceed to administratively rescind Landlord is prevented or request that “THE PROVIDER” comply delayed from so doing by reason of governmental preemption in connection with the contract, as well as apply National Emergency declared by the contractual penalties or collect any damages and losses caused. TWENTY-FIRST “THE PROVIDER” agrees that everything related to the coordination, linking, supervision and reporting on the correct performance President of the services of this contractUnited States or in connection with any rule, as well as to carry out all actions inherent to this legal instrument, as agreed order or under instructions received, shall be paid by “THE FUND”. TWENTY-SECOND. ADMINISTRATIVE RESCISSION.- I“.”THE FUND” shall be. able to rescind this contract at any time pursuant to administrative procedure, without further liability, following the application regulation of any contractual penalties for breach department or subdivision thereof of any governmental agency or by reason of the obligations set forth herein, due to causes attributable to “THE PROViDER”", unless said breach derives from conditions of supply and demand which have been or are affected by the war. Twenty-eighth.--This instrument may not be changed orally. See attached addendum which is made a unforeseeable circumstances or force majeure as established in paragraph two of Article 58 of the Regulations of the Procurement Act for Mexico Citypart hereof and annexed hereto.

Appears in 1 contract

Sources: Sublease Agreement (Southern Connecticut Bancorp Inc)

EIGHTEENTH. “THE PROVIDER” agrees that “THE FUND” can verify due observance of social security benefits with the Institutb Mexicano del Seguro Social RISKS, INSURANCE, AND GLOBAL POSITIONING SYSTEM (IMSS, [Mexican Social Security Institute]GPS). Said verification can be on a random basis and through Expressly, the corresponding delegationsparties agree that the "Tenant" assumes all risk for loss or partial or total deterioration of the GOODS, as well as through registrations of employees providing the services object of this contract. Any breach or anomaly all liability for damages and losses that may be found shall be immediately reported by "THE FUND” both to the Mexican Social Security Institute and the Secretariat of Labor and Employment Promotion for the actions required by law. NINETEENTH. PATENTS, TRADEMARKS, COPYRIGHT, AND REGULATIONS RELATED TO THE SERVICES ■- “THE PROVIDER” shall be solely liable for any violations derived from misuse of trademarks, licenses, and copyrights belonging occur to third parties, in their persons or properties, even in cases of fortuitous events or force majeure, without any regulation liability for the "Landlord", with the "Tenant" also agreeing that could arise on simultaneously upon receiving the occasion GOODS, they shall contract with a company legally authorized for it, the necessary insurances to cover the eventualities described above, ensuring that at no time will the GOODS be left unprotected or the responsibility towards third parties for their possession or use be disregarded, expressly designating the "Landlord" as the preferred and irrevocable beneficiary, if applicable, of the provision of the services covered under this instrument. When using them bn its own behalf. “THE PROVIDER” agrees to hold “THE FUND” harmless from any claim or controversy amount that insurers cover as compensation for any claims that may arise during the entire term of this Contract and its respective ANNEXES; additionally, the "Tenant" agrees to provide the "Landlord" with regards to thesethe policy, original premium payment receipts, the preferred and irrevocable endorsement, and the non-cancellation endorsement, unless written consent is obtained from the "Landlord". TWENTIETH SUPERVISION. - Through its requesting department, “THE FUND” shall be allowed, at any time, to verify In the event that the provision "Landlord" deems the coverage obtained insufficient, it shall notify the "Tenant" in writing, and within a period not exceeding 5 (five) business days from the date of receiving such communication, the "Tenant" must rectify the omission, covering any differences in premiums that may result. Both parties agree that the "Landlord" may directly contract the insurance in question if so agreed upon by an ANNEX to this Contract or, in case the "Tenant," as its obligation, does not directly contract them, with the insurer of its choice, and in such a case the "Landlord" makes premium payments on behalf of the services under "Tenant", such act does not release the terms "Tenant" from the obligations referred to in the first paragraph of this contract is being performed by “THE PROVIDER” clause. In this scenario, the "Tenant" must reimburse the "Landlord" the amount paid to the insurance company within a period not exceeding 3 business days, counted from the date of receipt of the written notice delivered in accordance with this regard, and failing to do so, and without prejudice to the terms "Landlord's" right to demand the early termination of this contract Contract and its ANNEXES, the instructions given pursuant "Tenant" shall pay monthly interest on the same, equivalent to itthe late interest rate referred to in Clause nine, and “THE PROVIDER” must comply with subsection D) of this Contract, from the instructions given by “THE FUND” at all times. Likewise, “THE FUND” can test the quality and borripliance date of verification of the services provided at any time by means payment in question until the date of inspection visits payment to the "Landlord". Both parties also agree that it deems appropriatethe amount of the corresponding premiums may be included, totally or partially, within the Partial Payments of rent referred to in Annex A of this Contract, if so agreed therein. In the event of non-compliance loss, destruction, irreparable damage, or any other contingency that prevents, totally or partially, the use of the GOODS, the "Tenant" undertakes to continue paying the rents agreed upon in the respective ANNEXES, until such time as the insurance company delivers the corresponding compensation, and once such compensation is covered, it also undertakes to pay the "Landlord" any difference that may exist between the amount of the compensation and the balance owed for the lease as of the compensation payment date. For its part, the "Landlord" undertakes to return to the "Tenant" any difference that may result in its favor if the compensation covered by “THE PROVIDER”the insurance company exceeds the outstanding balance of the lease as of the compensation payment date. The "Tenant" undertakes to release the "Landlord" or any assignee thereof from any expenses, costs, or indemnities to third parties or to the "Tenant" itself, claimed or determined by competent authorities, regardless of their nature, derived from the possession or use of the GOODS, while they are available, regardless of the validity or termination of this Contract and its ANNEXES. Notwithstanding the foregoing, the "Tenant" also undertakes to timely carry out all the necessary or convenient procedures, notices, claims, demands, and other acts for the insurers in question to cover the compensations that, in each case of loss, theft, destruction, or any other damage suffered by the GOODS, proceed in favor of the "Landlord", “THE FUND” being responsible to the latter for damages and losses caused by its omission, deceit, or negligence. Both parties agree that in no event shall the "Landlord" be liable for damages or losses caused to the "Tenant" or any third parties by the insurance company in question, in case of delays in the payment of compensations for losses covered under the respective insurances. The "Tenant" shall have the obligation to satisfactorily prove to the Landlord that such insurance is contracted and/or in force. The Landlord reserves the right to contract on behalf of the Tenant and at the expense of the latter, the insurance referred to in this clause when the Tenant has not satisfactorily proven to the Landlord the existence of such insurance and granting a preferential endorsement for the collection of the policies in favor of the Landlord. Notwithstanding the foregoing, the lack of insurance in the event of a loss shall be able solely attributable to opt for the administrative rescission Tenant, who, in such case, shall be liable with its assets." Likewise, the "Tenant" accepts and authorizes that the vehicle subject to this lease will be equipped with a GLOBAL POSITIONING SYSTEM (GPS), which will be installed before or after the signing of this contract. Likewisecontract by a certified distributor contacted by the "Landlord", “THE FUND” shall therefore it will be able the obligation of the latter to list in writing for “THE PROVIDER” any observations manage the installation date and instructions that it deems relevant regarding compliance with this instrument. “THE PROVIDER” on its behalf agrees to comply with said observations, and if it does not, “THE FUND” shall proceed to administratively rescind or request that “THE PROVIDER” comply with the contract, time as well as apply the contractual penalties or collect any damages and losses caused. TWENTY-FIRST “THE PROVIDER” agrees that everything related to it, and it undertakes to provide the coordination, linking, supervision appropriate information to the "Tenant" at any time during the lease regarding the GPS. The expenses generated by the contracting and reporting on the correct performance of the services installation of this contract, as well as global positioning system will be included in the financing to carry out all actions inherent to this legal instrument, as agreed or under instructions received, shall be paid by “THE FUND”. TWENTY-SECOND. ADMINISTRATIVE RESCISSION.- I“the "Tenant".”THE FUND” shall be. able to rescind this contract at any time pursuant to administrative procedure, without further liability, following the application of any contractual penalties for breach of any of the obligations set forth herein, due to causes attributable to “THE PROViDER”", unless said breach derives from a unforeseeable circumstances or force majeure as established in paragraph two of Article 58 of the Regulations of the Procurement Act for Mexico City.

Appears in 1 contract

Sources: Simple Credit With Pledge Guarantee

EIGHTEENTH. “THE PROVIDER” agrees The Mortgagor does hereby agree that “THE FUND” can verify due observance in the event the Note is validly pledged or otherwise validly assigned as collateral security for any obligations, the pledgee, pledge holder or assignee of social security benefits the same shall have all those rights, remedies, powers and privileges provided herein or by law to a holder of a mortgage note or to the Mortgagee, to the same extent and with the Institutb Mexicano del Seguro Social (IMSSsame force and effect as if the pledgee were the owner thereof, [Mexican Social Security Institute]). Said verification can be on a random basis and through the corresponding delegations, as well as through registrations of employees providing the services object of this contract. Any breach or anomaly that may be found shall be immediately reported by "THE FUND” both to the Mexican Social Security Institute and the Secretariat of Labor and Employment Promotion for the actions required fullest extent allowed by law. NINETEENTH. PATENTSIn such event, TRADEMARKSthe pledgee, COPYRIGHT, AND REGULATIONS RELATED TO THE SERVICES ■- “THE PROVIDER” pledge holder or assignee of the Note shall be solely liable for entitled to demand payment on the Note, foreclose on the Note or otherwise foreclose on any violations derived from misuse other collateral securing the Note under this Mortgage. In such event, the Mortgagee shall be entitled to simultaneously foreclose both the pledge and the mortgage granted hereby. Executed in New York, New York as of trademarksthe 17th day of December, licenses1996. MORTGAGEE MORTGAGOR --------- --------- UNITED STATES TRUST COMPANY CONTINENTAL CARIBBEAN OF NEW YORK CONTAINERS, INC. By:/s/▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ By:/s/▇▇▇▇ ▇▇▇▇▇ ----------------------- ---------------------------- ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Assistant Vice President Vice President WITNESSES: /s/ /s/ --------------------------- --------------------------- CERTIFICATE OF RECEIPT I, the MORTGAGOR, do hereby certify that I have received a true and exact copy of the foregoing Personal Property Mortgage and Affidavit. CONTINENTAL CARIBBEAN CONTAINERS, INC. By: /s/▇▇▇▇ ▇▇▇▇▇ ------------------------------- ▇▇▇▇ ▇▇▇▇▇ Vice President AFFIDAVIT --------- ▇▇▇▇ ▇▇▇▇▇, of legal age, married, business executive and resident of Glen Cove, New York, being duly sworn, deposes and says that: He is the Secretary and Vice President of Continental Caribbean Containers, Inc., a corporation organized and existing under the laws of the State of Delaware duly qualified and authorized to transact business in the Commonwealth of Puerto Rico, and copyrights belonging to third partieshaving its principal office in the municipality of Caguas, or any regulation Puerto Rico; that could arise on Continental Caribbean Containers, Inc. is the occasion lawful owner of the provision property described in the foregoing Mortgage, of which this affidavit forms a part thereof; that the said property is free of liens and encumbrances, except the Mortgage of which this affidavit forms a part thereof; that there are no judgments or executions pending against Continental Caribbean Containers, Inc. that affect the title of said property described in Exhibit A of the services covered under this instrument. When using them bn its own behalf. “THE PROVIDER” agrees to hold “THE FUND” harmless from any claim or controversy that may arise with regards to these. TWENTIETH SUPERVISION. - Through its requesting department, “THE FUND” shall be allowed, at any time, to verify Mortgage; that the provision Mortgage is made for the purpose of securing the services under the terms of this contract is being performed by “THE PROVIDER” in accordance with the terms of this contract obligations specified therein and the instructions given pursuant to itfor no other purpose, and “THE PROVIDER” must comply with that the instructions given same is a just and valid obligation. CONTINENTAL CARIBBEAN CONTAINERS, INC. By: /s/▇▇▇▇ ▇▇▇▇▇ ------------------------------- ▇▇▇▇ ▇▇▇▇▇ Vice President Affidavit No. ___ Sworn and subscribed to before me by “THE FUND” at all times. Likewise_______________________, “THE FUND” can test the quality of legal age, married, a business executive and borripliance resident of the services provided at any time by means of inspection visits that it deems appropriate. In the event of non-compliance by “THE PROVIDER”"________, “THE FUND” shall be able to opt for the administrative rescission of this contract. Likewise, “THE FUND” shall be able to list in writing for “THE PROVIDER” any observations and instructions that it deems relevant regarding compliance with this instrument. “THE PROVIDER” on its behalf agrees to comply with said observations, and if it does not, “THE FUND” shall proceed to administratively rescind or request that “THE PROVIDER” comply with the contractPuerto Rico, as well as apply the contractual penalties or collect any damages and losses caused_________ of Continental Caribbean Containers, Inc., personally known to me, this _____ day of December, 1996, in San ▇▇▇▇, Puerto Rico. TWENTY___________________________________ Notary Public EXHIBIT A MORTGAGED PROPERTY EXHIBIT X --------- PREVIOUSLY LEASED / FINANCED EQUIPMENT loc # asset # Lease Month Equipment Description PEA # ▇▇ # ▇▇▇▇▇▇ # ▇▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇: 65 1506 Sep-95 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 065-FIRST “THE PROVIDER” agrees that everything related to the coordination0140 065-00070 $50,682.00 65 2101 Jan-96 ▇▇▇▇▇ MILLING MACHINE 065-0143 065-1070 $29,371.64 65 2302 Apr-96 AIS CONVEYOR 065-0153 065-00359 $75,971.00 65 2613 Jul-96 APT COMPRESSOR SYSTEM 134-1926 134-50304 $18,778.38 $174,803.02 Santa Ana, linkingCA: 110 104 Sep-94 TCM FORKLIFT 110-0827 A23C44868 $25,855.00 110 104 Sep-94 TCM FORKLIFT 110-0827 A23C44835 $25,855.00 110 907 Apr-95 ▇▇▇▇▇ EXTRUDER 110-0851 110-00036 R04054 $189,552.00 110 908 Apr-95 ▇▇▇▇▇ CO-EXTRUDER 110-0851 110-00036 4057 $56,695.00 110 1001 May-95 ELKHART RAISING FRAME 110-0851 110-00031 $43,675.00 110 1002 May-95 ▇▇▇▇▇▇▇▇ INSPECTOR 110-0852 134-10640 $50,682.00 110 1003 May-95 INTEC HEAT CONTROL CABINET 110-0851 110-00032 $15,913.00 110 1011 May-95 INTEC HEAT CONTROL CABINET 110-0851 $15,913.00 110 1105 May-95 RAPID GRANULATOR 110-0845 134-10641 $35,054.00 110 1201 Jul-95 ▇▇▇▇▇▇▇ PALLETIZER 110-0851 134-10644 $241,746.00 110 1218 Jul-95 SIGNODE STRAPPER 110-0851 142-02932? 100927 $34,704.00 110 1220 Jul-95 PAC ENGINEERING BLENDER 110-0851 $51,580.00 110 1701 Sep-95 ▇▇▇▇▇ CO-EXTRUDER 110-0855 110-00521 $89,851.00 110 1704 Sep-95 ELKHART RAISING FRAME 110-0855 $49,143.00 110 1705 Sep-95 ▇▇▇▇▇ EXTRUDER 110-0855 110-00614 $227,293.00 110 1803 Oct-95 RAPID GRANULATOR 110-0855 110-00729 $37,771.21 110 1804 Oct-95 PACIFIC ENGINEERING BLENDER 110-0855 M110-781 $109,235.87 110 1907 Dec-95 INTEC HEAT CONTROL CABINET 110-0855 110-0657 $19,801.22 110 1911 Dec-95 ▇▇▇▇▇▇▇▇ INSPECTOR 110-0855 110-00727 $55,579.61 110 1912 Dec-95 BWI INEX LABEL INSPECTOR 110-0855 110-00731 $51,612.25 110 2002 Dec-95 AIS AIR ELEVATORS 110-0855 110-00769 $142,475.58 110 2003 Dec-95 ▇▇▇▇▇▇▇▇ CONVEYOR 110-0855 110-00776 $77,442.32 110 2102 Jan-96 FLEETWOOD SCRAP CONVEYOR 110-0855 110-00770 $8,975.00 110 2310 Apr-96 THERMAL CARE CHILLER 110-0862 110-01089 $158,484.09 110 2402 May-96 APT COMPRESSOR SYSTEM 134-1926 134-50144 $22,385.06 $1,837,273.21 Suisun City, supervision and reporting on the correct performance of the services of this contractCA: 121 105 Sep-94 ▇▇▇▇▇ FORKLIFT 121-0197 GXE230501579372 $18,548.00 121 105 Sep-94 ▇▇▇▇▇ FORKLIFT 121-0197 GXE230501589372 $18,548.00 121 202 Sep-94 INEX GEMINI VISION SYSTEM 121-0205 G5016-079 $34,000.00 ▇▇▇ ▇▇▇ ▇▇▇-▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ SEALER 121-0220 121-00110 5808 $37,665.00 121 1301 Jul-95 APEX FORKLIFT 121-0217 $21,287.00 121 1402 Jul-95 AIS CONTAINER 121-0235 121-00544 $6,138.00 121 1403 Jul-95 AIS CONTAINER 121-0235 121-00544 $9,207.00 121 1501 Sep-95 SOUTHERN PKG CASE ERECTOR 121-0220 146-02687 5851 $43,020.00 121 2004 Dec-95 PRO-PAK CONVEYOR 121-0209 121-00937 $21,260.00 121 2005 Dec-95 SIGNODE STRAPPER 121-0209 121-00834 $10,503.76 121 2006 Dec-95 SOUTHERN PKG CASE SEALER 121-0233 121-00957 $44,020.00 121 2103 Jan-96 FLEETWOOD CABLE BELT CONVEYOR 121-0240 121-991 $6,855.00 121 2301 Apr-96 AIS CONVEYOR 121-0245 121-01222 $16,457.51 121 2508 Jul-96 CONAIR VACUUM LOADER 121-0280 121-00233 $4,812.94 121 ▇▇▇▇ ▇▇▇-▇▇ ▇▇▇-▇▇▇ ▇▇▇▇▇▇▇▇ $12,032.38 121 2601 Jul-96 BWI INEX VISON SYSTEM 121-0291 134-50339 $43,865.25 $348,219.84 loc # asset # Lease Month Equipment Description PEA # PO # Serial # Total Cost Cincinnati, as well as to carry out all actions inherent to this legal instrumentOH: 122 1209 Jul-95 INEX GEMINI VISION SYSTEM 122-0840 $45,000.00 122 1805 Oct-95 AIS AIR ELEVATOR BYPASS 122-0813 122-01010 $22,440.00 122 1902 Dec-95 AIS TABLE TOP CONVEYER 122-0862 122-01239 $33,508.00 122 2403 May-96 APT COMPRESSOR SYSTEM 134-1926 134-50144 $21,638.95 122 2501 Jul-96 NAUTICA DEHUMIDIFIER 134-1913 134-50603 $58,000.00 122 2610 Jul-96 MAT HANDLING ENCLOSURE 134-1913 134-50611 $990.40 122 2611 Jul-96 MAT HANDLING ENCLOSURE 134-1913 134-50611 $55,331.82 122 2612 Jul-96 AIS CONVEYOR 122-0888 122-00771 $48,101.00 $285,010.17 West Chicago, as agreed or under instructions receivedIL: 123 207 Sep-94 ▇▇▇▇ ▇▇▇▇▇▇▇ 123-0284 123-00086 C033934 $67,805.00 123 401 Oct-94 ▇▇▇▇▇ EXTRUDER 123-0285 123-00089 P-2588 $97,280.00 123 502 Dec-94 ▇▇▇▇▇ EXTRUDER 123-0290 123-01716 R0075 $88,800.00 123 703 Feb-95 INEX GEMINI VISION SYSTEM 123-0285 G091-124 $45,000.00 123 1215 Jul-95 NAUTICA DEHUMIDIFIER 134-1834 134-50039 0003 $14,500.00 123 1303 Jul-95 NAUTICA DEHUMIDIFIER 134-1834 134-50039 0005 $14,500.00 123 2410 May-96 NAUTICA DEHUMIDIFIER 134-1913 134-50603 $29,000.00 123 2507 Jul-96 ELKHART RAISING FRAME 123-0336 $24,549.00 123 2510 Jul-96 ▇▇▇▇▇ STANDARD EXTRUDER 123-0336 123-07724 $745,700.00 123 2603 Jul-96 MAT HANDLING ENCLOSURE 134-1913 134-50611 $13,712.50 $1,140,846.50 Baltimore, shall be paid by “THE FUND”. TWENTYMD: 124 705 Feb-95 DOBOY CASE ERECTOR 124-SECOND. ADMINISTRATIVE RESCISSION.- I“.”THE FUND” shall be. able to rescind this contract at any time pursuant to administrative procedure1326 124-0543 94-16781 $58,425.00 124 1905 Dec-95 CONTROL ELECTRIC CONTROL PANEL 124-1339 124-691 $17,431.10 124 1906 Dec-95 SIGNODE STRAPPER 124-1346 124-697 $19,691.91 124 2506 Jul-96 APT COMPRESSOR SYSTEM 134-1926 134-50144 $20,375.00 124 2608 Jul-96 BWI INEX VISON SYSTEM 134-1981 134-50339 $40,900.00 $156,823.01 Elk Grove, without further liabilityIL (tech center): 134 601 Feb-95 AT & T PHONE SYSTEM 134-1812 $156,549.00 134 1401 Jul-95 ▇▇▇▇ ▇▇▇▇▇▇▇ 148-0669 134-10639 $39,991.00 134 2007 Dec-95 BWI INEX GEMINI QR STROBE 134-1904 134-50563 $15,108.50 134 2008 Dec-95 ▇▇▇▇ ▇▇▇▇▇▇▇ 134-1885 134-50464 $42,096.00 134 2104 Jan-96 KAMAN TRIMMER TRANSFORMER 134-1885 065-1137 $26,687.97 134 2304 Apr-96 ALPHEUS BLAST CLEANER 134-1928 134-50004 $58,549.00 134 2511 Jul-96 PANAMETRICS THICKNESS GAUGE 134-1959 135-05022 $6,361.75 $345,343.22 loc # asset # Lease Month Equipment Description PEA # PO # Serial # Total Cost Houston, following the application of any contractual penalties for breach of any of the obligations set forth hereinTX: 142 101 Sep-94 NISSAN FORKLIFT ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇ $24,294.00 142 101 Sep-94 NISSAN FORKLIFT ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇ $24,294.00 142 204 Sep-94 ▇▇▇▇▇ CASEMAKER 142-0949 142-01338 24797-3130 $62,925.00 ▇▇▇ ▇▇▇ ▇▇▇-▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ 142-0973 142-02045 270 $267,845.00 ▇▇▇ ▇▇▇ ▇▇▇-▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ SEALER 142-0985 142-02849 5805 $37,665.00 142 1013 May-95 KAMAN SERVO 142-0987 065-456 $0.00 142 1013 May-95 ▇▇▇▇ ▇▇▇▇▇▇▇ 142-0987 C035278 $65,313.00 142 1014 May-95 INEX GEMINI VISION SYTEM 142-0987 $45,000.00 142 1015 May-95 IDEAL RAISING FRAME 142-0987 $49,500.00 142 1112 May-95 ▇▇▇▇▇ EXTRUDER 142-0987 142-02865 $379,100.00 142 1113 May-95 INTEC HEAT CONTROL CABINET 142-0987 142-02933 $17,504.00 142 1114 May-95 ▇▇▇▇▇▇▇▇ INSPECTOR 142-0987 134-10640 $50,682.00 142 1115 May-95 RAPID GRANULATOR 142-0987 134-10641 $35,054.00 142 1203 Jul-95 NAUTICA DEHUMIDIFIER 134-1834 134-50039 0002 $14,500.00 142 1206 Jul-95 NOVATECH BLENDER 142-0987 $40,405.00 142 1217 Jul-95 UNISOURCE WRAPPER 142-0987 142-02947 $50,620.00 142 1502 Sep-95 SIGNODE STRAPPER 142-0987 110-00023 200090 $36,034.97 142 1503 Sep-95 ▇▇▇▇▇▇▇ PALLETIZER 142-0987 134-50162 $263,950.00 142 1904 Dec-95 AIS LEAK DETECTOR 142-1006 142-01815 $9,845.00 142 2009 Dec-95 ACTION HANDLING FORKLIFTS 142-1009 142-2005 $26,968.00 142 2010 Dec-95 ACTION HANDLING FORKLIFTS 142-1009 142-2005 $20,368.00 142 2011 Dec-95 ACTION HANDLING FORKLIFT 142-1011 142-2006 $27,346.00 142 2303 Apr-96 AIS CONVEYOR 142-1022 142-03009 $16,645.00 142 2306 Apr-96 BWI INEX INSPECTOR 142-1013 142-02152 $50,900.00 142 2309 Apr-96 SOUTHERN PKG CASE SEALER 142-1026 142-03025 $40,684.22 142 2404 May-96 APT COMPRESSOR SYSTEM 134-1926 134-50144 $21,736.00 142 2405 May-96 NAUTICA DEHUMIDIFIER 134-1913 134-50603 $58,000.00 142 2503 Jul-96 MAT HANDLING ENCLOSURE 134-1913 134-50611 $71,000.00 142 2614 Jul-96 MAT HANDLING ENCLOSURE 134-1913 134-50611 $8,587.39 $1,816,765.58 Lima, due to causes attributable to “THE PROViDER”"OH: 143 103 Sep-94 NISSAN FORKLIFT 143-316 901684 $17,800.00 143 103 Sep-94 NISSAN FORKLIFT 143-316 901686 $17,800.00 143 2201 Feb-96 ▇▇▇▇▇▇▇▇ CONTAINER TESTER 143-0341 143-01216 $55,426.00 143 2305 Apr-96 BWI INEX INSPECTOR 143-0351 143-01951 $25,820.86 143 2502 Jul-96 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 143-0353 143-00023 $55,426.00 143 2505 Jul-96 APT COMPRESSOR SYSTEM 134-1926 134-50144 $22,116.16 143 2609 Jul-96 NAUTICA DEHUMIDIFIER 143-0365 143-00438 $14,500.00 143 2609 Jul-96 NAUTICA DEHUMIDIFIER 143-0365 143-00438 $14,500.00 143 2609 Jul-96 NAUTICA DEHUMIDIFIER 143-0365 143-00438 $14,500.00 $237,889.02 loc # asset # Lease Month Equipment Description PEA # PO # Serial # Total Cost Elk Grove, unless said breach derives from a unforeseeable circumstances or force majeure as established in paragraph two of Article 58 of the Regulations of the Procurement Act for Mexico City.IL (plant): 145 901 Apr-95 KAMAN SERVO 145-1148 065-454 N/A $0.00 145 901 Apr-95 ▇▇▇▇ ▇▇▇▇▇▇▇ 145-1148 145-03087 C035277 $65,313.00 145 906 Apr-95 INTEC HEAT CONTROL CABINET 145-1148 $15,913.00 145 1005 May-95 INEX GEMINI VISION SYTEM 145-1148 145-03089 $45,000.00 145 1006 May-95 ▇▇▇▇▇▇▇▇ INSPECTOR 145-1148 145-03088 $50,682.00 145 1007 May-95 RAPID GRANULATOR 145-1148 145-03090 $35,054.00 145 1106 May-95 NOVATECH BLENDER 145-1148 145-03024 $40,405.00 145 1107 May-95 SIGNODE STRAPPER 145-1148 145-30017 $34,704.00 145 1202 Jul-95 NAUTICA DEHUMIDIFIER 134-1834 134-50039 0004 $14,500.00 145 1207 Jul-95 ▇▇▇▇▇▇▇ PALLETIZER 145-1148 134-10644 $239,718.00 145 1208 Jul-95 INEX GEMINI VISION SYSTEM 145-1148 $45,000.00 145 1216 Jul-95 UNISOURCE WRAPPER 145-1148 145-03032 $44,065.00 145 1302 Jul-95 NAUTICA DEHUMIDIFIER 134-1834 134-50039 0006 $14,500.00 145 1801 Oct-95 AUTOMATIC FEEDER 145-1154 145-03113 $106,712.00 145 1910 Dec-95 FLEETWOOD SCRAP CONVEYORS 145-1153 145-03209 $9,199.00 145 2411 May-96 NAUTICA DEHUMIDIFIER 134-1913 134-50603 $29,000.00 $789,765.00 New Market, NJ: 146 205 Sep-94 ▇▇▇▇ ▇▇▇▇▇▇▇ 480-0004 134-50058 C034200 $67,805.00 146 1219 Jul-95 ▇▇▇▇▇ CO-EXTRUDER 146-0697 134-10153 $745,700.00 146 1221 Jul-95 ELKHART RAISING FRAME 146-0697 134-10204 $25,482.00 146 1222 Jul-95 DATACOLOR SPEC-PHOTOMETER 146-0695 $14,900.00 146 1504 Sep-95 AIS LEAK TESTER 146-0697 146-05051 20079? $15,345.00 146 1505 Sep-95 RAPID GRANULATOR 146-0697 $35,054.49 146 1703 Sep-95 SIGNODE STRAPPER 146-0697 146-02685 $36,981.00 146 1706 Sep-95 ▇▇▇▇▇▇▇▇ JET CLEANER 146-0697 $25,700.00 146 1708 Sep-95 FOREMOST VACUUM CHAMBER 146-0697 146-02649 $61,500.00 146 1807 Oct-95 AIS CABLE CONVEYOR 146-0697 146-03107 $36,052.00 146 1809 Oct-95 ▇▇▇▇▇▇▇▇▇ PALLETIZER 146-0697 146-02641 $313,020.80 146 2203 Feb-96 APT CONTROLLER 146-0705 146-03386 $74,955.00 $1,452,495.29 loc # asset # Lease Month Equipment Description PEA # PO # Serial # Total Cost Lenexa, KS: 148 203 Sep-94 INEX GEM INI VISION SYSTEM 148-0661 00140? $34,000.00 148 206 Sep-94 ▇▇▇▇ TRI MMER 123-0285 123-00091 C033868 $67,805.00 148 701 Feb-95 ▇▇▇▇ ▇▇▇▇▇▇▇ 148-0665 123-00136 C34729 $42,096.00 148 704 Feb-95 INEX GEMINI VISION SYSTEM 148-0654 148-00562 G089-114 $45,000.00 ▇▇▇ ▇▇▇ ▇▇▇-▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ SEALER 148-0671 148-00483 5806 $37,665.00 ▇▇▇ ▇▇▇ ▇▇▇-▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ SEALER 148-0670 148-00483 5805 $37,665.00 148 1004 May-95 RELIANCE EXTRUDER DRIVE CAB 121-0211 121-00124? $13,922.00 148 1008 May-95 ELKHART RAISING FRAME 148-0668 148-00466 $43,675.00 148 1009 May-95 ELKHART RAISING FRAME 148-0669 148-00467 $43,675.00 148 1010 May-95 INTEC HEAT CONTROL CABINET 148-0668 148-00132 $15,913.00 148 1012 May-95 KAMAN SERVO 148-0665 065-455 $25,322.00 148 1108 May-95 ▇▇▇▇▇ EXTRUDER 148-0669 148-00743 $189,552.00 148 1109 May-95 ▇▇▇▇▇ EXTRUDER 148-0668 148-00739 189,552.00 148 1110 May-95 KOMATSU FORKLIFT 148-0677 $18,251.00 148 1110 May-95 KOMATSU FORKLIFT 148-0677 $18,251.00 148 1211 Jul-95 INEX GEMINI VISION SYSTEM 148-0669 148-00744 $45,000.00 148 1212 Jul-95 KAMAN SERVO 148-0668 $0.00 148 1212 Jul-95 ▇▇▇▇ ▇▇▇▇▇▇▇ 148-0668 C035371 $65,313.00 148 1213 Jul-95 RAPID GRANULATOR 148-0669 148-00745 $35,054.00 148 1304 Jul-95 AIR POWER COMPRESSOR 148-0676 $70,337.00 148 1305 Jul-95 FOREMOST BLENDER 148-0668 148-00394 $45,793.00 148 1306 Jul-95 FOREMOST BLENDER 148-0669 148-00393 $45,793.00 148 1404 Jul-95 AIS CONTAINER 148-0669 148-00384 $6,138.00 148 1405 Jul-95 AIS CONTAINER 148-0669 148-00384 $9,207.00 148 1507 Sep-95 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 148-0668 $41,754.00 148 1601 Sep-95 ESP CASE PACKER 148-0665 $105,495.00 148 1602 Sep-95 ESP CASE PACKER 148-0670 148-00319 3034C $105,495.00 148 1603 Sep-95 ESP CASE PACKER 148-0671 148-00318 3033C $105,495.00 148 1806 Oct-95 AIS AIR ELEVATORS & CHUTES 148-0695 148-00786 $13,810.00 148 1808 Oct-95 COMPRESSED AIR DRYER 148-0676 148-00693 $30,500.00 148 2307 Apr-96 FLEETWOOD CONVEYORS 148-0702 148-00293 $35,618.00 148 2308 Apr-96 SOUTHERN PKG CASE SEALER 148-0702 148-00288 $42,522.00 148 2401 May-96 AIS CONVEYOR 148-0702 148-00287 $52,198.00 148 2408 May-96 NAUTICA DEHUMIDIFIER 134-1913 134-50603 $116,000.00 148 2604 Jul-96 MAT HANDLING ENCLOSURE 134-1913 134-50611 $70,371.53 148 2605 Jul-96 MAT HANDLING ENCLOSURE 134-1913 134-50611 $1,687.27 148 2606 Jul-96 NAUTICA DEHUMIDIFIER 134-1913 134-50234 $14,500.00 148 2607 Jul-96 TOP WAVE BOTTLE GAUGE 104-0465 134-50189 $61,900.00 $1,942,324.80 Lakeland, FL: 150 102 Sep-94 TOYOTA FORKLIFT 150-0060 150-0720 80423 $18,400.00 150 102 Sep-94 TOYOTA FORKLIFT 150-0060 150-0720 80421 $18,400.00 150 201 Sep-94 INEX GEMINI VISION SYSTEM 150-0087 G5017-079 $34,000.00 150 501 Dec-94 TOYOTA FORKLIFT 150-0104 82318 $18,900.00 150 1204 Jul-95 TOYOTA FORKLIFT 150-0110 $19,600.00 150 1204 Jul-95 TOYOTA FORKLIFT 150-0110 $19,600.00 150 1204 Jul-95 TOYOTA FORKLIFT 150-0110 $19,600.00 150 1702 ▇▇▇-▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ 150-0130 134-50157 $459,710.00 150 2407 May-96 NAUTICA DEHUMIDIFIER 134-1913 134-50603 $43,500.00 150 2504 Jul-96 MAT HANDLING ENCLOSURE 134-1913 134-50611 $53,250.00 $704,960.00 loc # asset # Lease Month Equipment Description ▇▇▇ # ▇▇ # ▇▇▇▇▇▇ # ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇: 430 2202 ▇▇▇-▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇-▇▇▇▇ 134-50752 $38,294.40 4

Appears in 1 contract

Sources: Indenture (Continental Caribbean Containers Inc)