Common use of Leasing Options Clause in Contracts

Leasing Options. Unless otherwise agreed to by the parties, equipment leases shall be in the form of the Kyocera Master Lease Agreement Terms and Conditions and Kyocera Master Lease Agreement Schedule attached to the NASPO Master Agreement as Attachment A and Attachment B To initiate a lease, Lessee may issue a Purchase Order (“PO”) and reference the type of lease (FMV, Straight, or Capital Lease) on the PO or may simply sign other transactional documents deemed acceptable to the parties. Each PO shall contain the following statement “This PO is subject to terms and conditions of the NASPO ValuePoint Master Agreement No. 140599 (“NASPO Master Agreement”) and Local Government Participating Addendum for Leases between Contractor and Lessee dated , 20 (“Participating Addendum”). Each Lease, whether in the form of a Schedule or PO, constitutes a separate and independent agreement of lease incorporating all of the terms of the Master Lease Agreement attached to the NASPO Master Agreement as Attachment A (“MLA”). Each Schedule or PO, as applicable, together with the MLA and this Section 6.C(b) constitutes the entire agreement of the parties thereto with respect to the subject matter thereof; provided, however, that in the event of any conflict between a Lease and Sections 4.5.4 through 4.5.7 and 4.10.1 through 4.10.6 of the NASPO Master Agreement, the NASPO ValuePoint Master Agreement shall control and in the event of any conflict between a Schedule or PO, as applicable, and the MLA, the Schedule or PO shall control. In the event of a conflict between the NASPO Master Agreement and this Participating Addendum, the terms of this Participating Addendum will control. No modification or amendment to any Lease shall be binding upon the parties thereto unless the same is in writing and signed by such parties. For the avoidance of doubt, standard PO terms and conditions attached to, included in or incorporated into a PO do not constitute part of any Lease. Assignment: Contractor may assign, solely for financing purposes, their right title and interest in and to: (i) the Products subject to the Lease Agreement; (ii) all payments and other amounts due and to become due thereunder with respect to the Products; and (iii) all rights and remedies under this Participating Addendum with respect to the Products, such payments and other amounts due. Any such assignment however, does not excuse Contractor from bearing any obligation, terms and conditions as outlined under either the NASPO ValuePoint Master Agreement 140599 or this Participating Addendum. Contractor intends to assign, solely for financing purposes, rights as set forth immediately above and this paragraph constitutes the required written notification to the Lessee entity. All lease and rental programs must remain with the Contractor or Authorized Dealers through an in- house leasing program, or through the financial branch or subsidiary of the Contractor. In addition, Contractor and their Authorized Dealers may use Third Party leasing companies, but all billing must be invoiced in the name of the Contractor or their Authorized Dealer, and all contractual obligations shall remain with the Contractor. End of Term Notification: Contractor must notify Lessee, in writing, of its End of Term options at least sixty (60) to ninety (90) days prior to the end of any Initial Lease or Rental Term. Such notification may include, but not be limited to, the following: i. Any acquisition or return options, based on the type of lease agreement; ii. Any renewal options, if applicable; and/or iii. Hard drive removal and surrender cost, if applicable. End of Term Options: If Lessee desires to exercise a purchase, renewal, or return of the Equipment, it shall give Contractor at least thirty (30) days written notice prior to the expiration of such lease or rental term. Notwithstanding anything to the contrary, if ▇▇▇▇▇▇ fails to notify Contractor of its intent with respect to the exercise of a purchase, renewal, or return of the Equipment, the Initial Lease or Rental Term shall be terminated on the date as stated in the Order and removal of the Product will be mutually arranged

Leasing Options. Unless (i) Except as provided in this Participating Addendum or otherwise agreed to by Contractor and the partiesPurchasing Entity in writing, equipment leases shall be in each Lease is subject to NASPO Agreement. (ii) A Purchasing Entity may enter into a Lease by utilizing the form of the Kyocera Master Lease Agreement Terms and Conditions and Kyocera Master Lease Agreement Schedule lease forms attached to the NASPO ValuePoint Master Agreement as Attachment A and Attachment B To initiate a lease#140599, Lessee in which event the Purchasing Entity may issue a Purchase Order (“PO”) and reference the type of lease (FMV, Straight, or Capital Lease) on the PO or may simply sign other transactional documents deemed acceptable to the parties. Each PO shall contain containing the following statement “This PO is subject to terms and conditions of the NASPO ValuePoint Master Agreement No. 140599 (“NASPO Master Agreement”) and Local Government Participating Addendum for Leases between Contractor and Lessee dated , 20 (“Participating Addendum”). iii) Each Lease, whether in the form of a Schedule the schedule or PO, constitutes a separate and independent agreement of lease incorporating all of PO shall be deemed to incorporate by reference the terms of and conditions set forth on the Master Lease Agreement attached to the NASPO Master Agreement as Attachment A (“MLA”). Each Schedule or such PO, as applicable, together with the MLA and Attachment A, this Section 6.C(b5 (as applicable to leases), and Sections 4.5.4 through 4.5.7 and 4.10.1 through 4.10.6 of the NASPO Master Agreement (as applicable to leases) constitutes shall be deemed to constitute the entire agreement of the parties thereto between Contractor and Purchasing Entity with respect to the subject matter thereofthereof and shall constitute a separate and independent agreement between the parties; provided, however, that in the event of any conflict between a Lease and Sections 4.5.4 through 4.5.7 and 4.10.1 through 4.10.6 of the NASPO Master Agreement, the NASPO ValuePoint Master Agreement shall control and in the event of any conflict between a Schedule or PO, as applicable, the PO and Attachment A the MLA, the Schedule or PO shall control. In the event of a conflict between the NASPO Master Agreement and this Participating Addendum, the terms of this Participating Addendum will control. No modification or amendment to any Lease shall be binding upon the parties thereto unless the same is in writing and signed by such parties. . (iv) For the avoidance of doubt, standard PO terms and conditions attached to, included in or incorporated into a PO do not constitute part of any Lease. Assignment: . (v) Contractor may assign, solely for financing purposes, their Contractor’s right title and interest in and to: : (i) the Products subject to the Lease AgreementLease; (ii) all payments and other amounts due and to become due thereunder with respect to under the Products; Lease and (iii) all rights and remedies under this the Lease. No assignment will release Contractor from any obligations and rights Contractor may have to Purchasing Entity under the NASPO Master Agreement, the Participating Addendum with respect to or the ProductsLease, such payments and other amounts due. Any such assignment however, does not excuse Contractor from bearing any obligation, terms and conditions as outlined under either the NASPO ValuePoint Master Agreement 140599 or this Participating Addendumapplicable. Contractor intends to assign, solely for financing purposes, rights as set forth immediately above and this paragraph constitutes the required written notification to the Lessee entity. Purchasing Entity. (vi) All lease and rental programs must remain with the Contractor or Authorized Dealers through an in- in-house leasing program, or through the financial branch or subsidiary of the Contractor. In addition, Contractor and their Authorized Dealers may use Third Party leasing companies, but all billing must be invoiced in the name of the Contractor or their Authorized Dealer, and all contractual obligations shall remain with the Contractor. End of Term Notification: Contractor must notify Lessee, in writing, of its End of Term options at least sixty (60) to ninety (90) days prior to the end of any Initial Lease or Rental Term. Such notification may include, but not be limited to, the following: i. Any acquisition or return options, based on the type of lease agreement; ii. Any renewal options, if applicable; and/or iii. Hard drive removal and surrender cost, if applicable. End of Term Options: If Lessee desires to exercise a purchase, renewal, or return of the Equipment, it shall give Contractor at least thirty (30) days written notice prior to the expiration of such lease or rental term. Notwithstanding anything to the contrary, if ▇▇▇▇▇▇ fails to notify Contractor of its intent with respect to the exercise of a purchase, renewal, or return of the Equipment, the Initial Lease or Rental Term shall be terminated on the date as stated in the Order and removal of the Product will be mutually arranged.