Common use of EQUIPMENT SUBJECT TO LEASE Clause in Contracts

EQUIPMENT SUBJECT TO LEASE. Lessee shall select the type and quantity of Equipment (which Equipment shall in each case be Eligible Equipment acceptable to Lessor) to be subject to each Schedule. Subject to the terms and conditions of this Lease: (i) if such Equipment is not previously owned by Lessee and is not subject to a purchase order issued by Lessee, Lessor shall at Lessee's direction order each Unit from the respective suppliers, and upon delivery and acceptance by Lessee each such Unit shall be leased to Lessee hereunder; (ii) if Lessee has previously issued its purchase order to a supplier, Lessee shall execute a Purchase Order Assignment assigning such purchase order to Lessor and the Units subject to such purchase order, upon delivery and acceptance by Lessee, shall be leased to Lessee hereunder; or (iii) if Lessee owns the Equipment which it intends to make subject to this Lease, Lessee shall execute a Xxxx of Sale transferring title to such Equipment to Lessor at the purchase price agreed to between Lessor and Lessee according to an appraisal undertaken at the expense of Lessee (except in the case of Equipment placed in service by Lessee not more than sixty (60) days prior to the date of any Schedule for which the purchase price shall be the original cost to Lessee thereof (net of freight, taxes, installation and similar costs). Lessee acknowledges that Lessor may have the ability to obtain discounts or rebates not available to Lessee from suppliers from which Lessor buys in volume. Any discounts or rebates remitted to Lessee shall be turned over to Lessor and Cost of the Equipment set forth on any Schedule shall be deemed to be the Cost net of such discount or rebate. Any request by Lessee to Lessor to purchase Equipment directly or by assignment of a purchase order shall be irrevocable.

EQUIPMENT SUBJECT TO LEASE. Lessee shall select the type and quantity of Equipment (which Equipment shall in each case be Eligible Equipment acceptable to Lessor) to be subject to each Schedule. Subject to the terms and conditions of this Lease: (i) if such Equipment is not previously owned by Lessee and is not subject to a purchase order issued by Lessee, Lessor shall at Lessee's direction order each Unit from the respective suppliers, and upon delivery and acceptance by Lessee each such Unit shall be leased to Lessee hereunder; (ii) if Lessee has previously issued its purchase order to a supplier, Lessee shall execute a Purchase Order Assignment assigning such purchase order to Lessor and the Units subject to such purchase order, upon delivery and acceptance by Lessee, shall be leased to Lessee hereunder; or (iii) if Lessee owns the Equipment which it intends to make subject to this Lease, Lessee shall execute a Xxxx of Bill xx Sale transferring title to such Equipment to Lessor at the purchase price agreed to between Lessor and Lessee according to an appraisal undertaken at the expense of Lessee (except in the case of Equipment placed in service by Lessee not more than sixty (60) days prior to the date of any Schedule for which the purchase price shall be the original cost to Lessee thereof (net of freight, taxes, installation and similar costs). Lessee acknowledges that Lessor may have the ability to obtain discounts or rebates not available to Lessee from suppliers from which Lessor buys in volume. Any discounts or rebates remitted to Lessee shall be turned over to Lessor and Cost of the Equipment set forth on any Schedule shall be deemed to be the Cost net of such discount or rebate. Any request by Lessee to Lessor to purchase Equipment directly or by assignment of a purchase order shall be irrevocable.

EQUIPMENT SUBJECT TO LEASE. Lessee shall select the type and quantity of Equipment (which Equipment shall in each case be Eligible Equipment acceptable to LessorEquipment) to be subject to each Schedule. Subject to the terms and conditions of this Lease: (i) if such Equipment is not previously owned by Lessee and is not subject to a purchase order issued by Lessee, Lessor shall at Lessee's direction order each Unit from the respective suppliers, and upon delivery and acceptance by Lessee each such Unit shall be leased to Lessee hereunder; (ii) if Lessee has previously issued its purchase order to a supplier, Lessee shall execute a Purchase Order Assignment assigning such purchase order to Lessor and the Units subject to such purchase order, upon delivery and acceptance by Lessee, shall be leased to Lessee hereunder; or (iii) if Lessee owns the Equipment which it intends to make subject to this Lease, Lessee shall execute a Xxxx of Sale transferring title to such Equipment to Lessor at the purchase price agreed to between Lessor and Lessee according to an appraisal undertaken at the expense of Lessee (except in the case of Equipment placed in service by Lessee not more than sixty (60) days prior to the date of any Schedule for which the purchase price shall be the original cost to Lessee thereof (net of freight, taxes, installation and similar costs). Lessee acknowledges that Lessor may have the ability to obtain discounts or rebates not available to Lessee from suppliers from which Lessor buys in volume. Any discounts or rebates remitted to Lessee shall be turned over to Lessor and Cost of the Equipment set forth on any Schedule shall be deemed to be the Cost net of such discount or rebate. Any request by Lessee to Lessor to purchase Equipment directly or by assignment of a purchase order shall be irrevocable.

EQUIPMENT SUBJECT TO LEASE. Lessee shall select the type and quantity of Equipment (which Equipment shall in each case be Eligible Equipment acceptable to Lessor) to be subject to each Schedule. Subject to the terms and conditions of this Lease: (i) if such Equipment is not previously owned by Lessee and is not subject to a purchase order issued by Lessee, Lessor shall at Lessee's direction order each Unit from the respective suppliers, and upon delivery and acceptance by Lessee each such Unit shall be leased to Lessee hereunder; (ii) if Lessee has previously issued its purchase order to a supplier, Lessee shall execute a Purchase Order Assignment assigning such purchase order to Lessor and the Units subject to such purchase order, upon delivery and acceptance by Lessee, shall be leased to Lessee hereunder; or (iii) if Lessee owns the Equipment which it intends to make subject to this Lease (which Equipment shall have been new and placed in service by Lessee not more than one hundred eighty (180) days prior to the date of this Lease), Lessee shall execute a Xxxx of Bill xx Sale transferring title to such Equipment to Lessor at the purchase price agreed to between Lessor and Lessee according Lessee. All sale/leaseback Equipment will be purchased at fair market value based upon an appraisal. All appraisal costs will be borne by Lessee. Subject to an appraisal undertaken at the expense of Lessee (except restrictions set forth in the case definition of Eligible Equipment, Equipment placed consisting of software may be funded under a Schedule without obtaining assignment or sublicensing documentation from the vendor so long as the aggregate Cost of software supplied by such vendor does not exceed $30,000. In cases in service which the aggregate Cost of software supplied by Lessee not more than sixty (60) days a vendor exceeds $30,000, Lessor may require that such assignment or sublicensing documentation in form and substance satisfactory to Lessor be executed prior to the date inclusion of the software as Equipment on any Schedule for which the purchase price shall be the original cost to Lessee thereof (net of freight, taxes, installation and similar costs)Schedule. Lessee acknowledges that Lessor may have the ability to obtain discounts or rebates not available to Lessee from suppliers from which Lessor buys in volume. Any discounts or rebates remitted to Lessee shall be turned over to Lessor and Cost of the Equipment set forth on any Schedule shall be deemed to be the Cost net of such discount or rebate. Any request by Lessee to Lessor to purchase Equipment directly or by assignment of a purchase order shall be irrevocable.Any

EQUIPMENT SUBJECT TO LEASE. Lessee shall select the type and quantity of Equipment (which Equipment shall in each case be Eligible Equipment acceptable to Lessor) to be subject to each Schedule. Subject to the terms and conditions of this Lease: (i) if such Equipment is not previously owned by Lessee and is not subject to a purchase order issued by Lessee, Lessor shall at Lessee's direction order each Unit from the respective suppliers, and upon delivery and acceptance by Lessee each such Unit shall be leased to Lessee hereunder; , (ii) if Lessee has previously issued its purchase order to a supplier, Lessee shall execute a Purchase Order Assignment assigning such purchase order to Lessor and the Units subject to such purchase order, upon delivery and acceptance by Lessee, shall be leased to Lessee hereunder; or (iii) if Lessee owns the Equipment which it intends to make subject to this Lease,, Lessee shall execute a Xxxx of Bill xx Sale transferring title to such Equipment to Lessor at the purchase price agreed to between Lessor and Lessee according to an appraisal undertaken at the expense of Lessee (except in the case of Equipment placed in service by Lessee not more than sixty (60) days prior to the date of any Schedule for which the purchase price shall be the original cost to Lessee thereof (net of freight, taxes, installation and similar costs). Lessee acknowledges that Lessor may have the ability to obtain discounts or rebates not available to Lessee from suppliers from which Lessor buys in volume. Any discounts or rebates remitted to Lessee shall be turned over to Lessor and Cost of the Equipment set forth on any Schedule shall be deemed to be the Cost net of such discount or rebate. Any request by Lessee to Lessor to purchase Equipment directly or by assignment of a purchase order shall be irrevocable.