LESSEE’S RESPONSIBILITIES. 7.1 The Lessee shall during the term of this agreement: (a) ensure that the Equipment is kept and operated in a suitable environment. (b) take such steps (including compliance with all safety and usage instructions provided by the Lessor) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; (c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment; (d) make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Lessor immediately upon installation; (e) keep the Lessor fully informed of all material matters relating to the Equipment; (f) permit the Lessor or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection; (g) maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Lessor, together with such additional information as the Lessor may reasonably require; (h) not, without the prior written consent of the Lessor, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (i) not without the prior written consent of the Lessor, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor against all losses, costs or expenses incurred as a result of such affixation or removal; (j) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Lessor in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment; (k) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (l) not use the Equipment for any unlawful purpose; (m) ensure that at all times the Equipment remains identifiable as being the Lessor's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (n) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as the Lessor requires, or if necessary, allow the Lessor or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment; and (o) not do or permit to be done anything which could invalidate the insurances referred to in clause 6 (Title, risk and insurance). 7.2 The Lessee acknowledges that the Lessor shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors, and the Lessee undertakes to indemnify the Lessor on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Lessee to comply with the terms of this agreement.
Appears in 2 contracts
Sources: Technology as a Service Agreement, Technology as a Service Agreement
LESSEE’S RESPONSIBILITIES. 7.1 The Lessee shall during the term of this agreementContract:
(ai) ensure that the Equipment is kept and operated in a suitable environment., used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions and/or Lessor instructions from time to time;
(bii) take such steps (including compliance with all safety and usage instructions provided by the Lessor) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(ciii) maintain at its own expense undertake upgrades and/or updates to the Embedded Software as instructed from time to time;
(iv) keep the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Commencement Effective Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment);
(dv) make no alteration to the Equipment and shall not remove any existing component(s) ), labels, markings, brands or trademarks from the Equipment unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of itEquipment. Title and property in all substitutions, replacements, renewals made in or to the Equipment (which shall be made only by the Lessor) shall vest in the Lessor immediately upon installationor its suppliers;
(evi) keep the Lessor fully informed of all material matters relating to the Equipment;
(fvii) at all times keep the Equipment in the possession or control of the Lessee and keep the Lessor informed of its location;
(viii) permit the Lessor or Lessor, its suppliers, and/or their duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon on the Site Site(s) or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(g) maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Lessor, together with such additional information as the Lessor may reasonably require;
(hix) not, without the prior written consent of the Lessor, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(i) not without the prior written consent of the Lessor, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor against all losses, costs or expenses incurred as a result of such affixation or removal;
(jx) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or or interest of the Lessor or its suppliers in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment;
(kxi) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(lxii) not use the Equipment for any unlawful purpose;
(mxiii) not repair or alter the Equipment other than by return of the Equipment to the Lessor as contemplated at clauses 8 to 10;
(xiv) ensure that at all times the Equipment remains identifiable as being the Lessor's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(nxv) deliver up the Equipment to Lessor or its representative at the end of the Rental Period or on earlier termination of this agreement Contract, in compliance with Lessor’s instructions, at such address as the Lessor requires, or if necessary, necessary allow the Lessor or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment;
(xvi) use the Equipment only at the Site(s) and only in the Territory; and
(oxvii) not do or permit to be done anything which could invalidate the insurances referred to in clause 6 (Title, risk and insurance)6.
7.2 In relation to any ▇▇▇▇ provided by the Lessor to the Lessee:
(i) The Lessee acknowledges shall ensure that the ▇▇▇▇ are not removed from the Equipment and are not used for any other purpose other than the proper functioning of the Equipment in the Territory in accordance with this Contract.
(ii) The Lessor may immediately, without notice, disable or suspend any SIM at any time in the case of any suspected misuse of the SIM. The Lessor shall not be responsible have no liability in the event that it disables or suspends the SIM in this way.
(iii) The Lessor shall have no liability for any failure or malfunction or degradation, of, to, and in, the SIM or any telecoms network, however it shall replace a non-functioning SIM upon request from the Lessee.
(iv) the Lessee shall: (a) take reasonable precautions to prevent the theft or loss of of, or damage to that SIM; and (b) notify the Equipment arising out Lessee immediately if it becomes aware of any misuse or loss or theft of any SIM.
(v) Lessor may immediately, without notice, disable or suspend any SIM at any time in connection with the case of any negligence, misuse, mishandling suspected misuse of the Equipment SIM. Lessor shall have no liability if it disables or otherwise caused by suspends the SIM in this way.
(vi) The Lessee or its officers, employees, agents shall indemnify and contractors, and the Lessee undertakes to indemnify hold harmless the Lessor on demand against the same, and against its suppliers in respect of all losses, liabilities, claims, damages, costs costs, and expenses, suffered or expenses incurred as a result of whatever nature otherwise arising out of or in connection with any failure by the Lessee to comply with the terms breach of this agreementclause 7.2.
Appears in 2 contracts
Sources: Pos Terminal Service Description, Pos Terminal Hire Agreement
LESSEE’S RESPONSIBILITIES. 7.1 8.1 The Lessee shall during the term of this agreementAgreement:
(a) 8.1.1 ensure that the Equipment is kept and operated in a suitable environment., used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions;
(b) 8.1.2 take such steps (including compliance with all safety and usage instructions provided by the Lessor) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) 8.1.3 maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;
(d) 8.1.4 make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment without the prior written consent of the Lessor unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Lessor immediately upon installation;
(e) 8.1.5 keep the Lessor fully informed of all material matters relating to the Equipment;
(f) 8.1.6 keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without the Lessor's prior written consent and other than in accordance with clause 9;
8.1.7 permit the Lessor or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(g) 8.1.8 maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Lessor, together with such additional information as the Lessor may reasonably require;
(h) 8.1.9 not, without the prior written consent of the Lessor, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(i) 8.1.10 not without the prior written consent of the Lessor, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor against all losses, costs or expenses incurred as a result of such affixation or removal;
(j) 8.1.11 not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Lessor in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment;
(k) 8.1.12 not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(l) 8.1.13 not use the Equipment for any unlawful purpose;
(m) 8.1.14 ensure that at all times the Equipment remains identifiable as being the Lessor's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(n) 8.1.15 deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement Agreement at such address as the Lessor requires, or if necessary, necessary allow the Lessor or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment; and
(o) 8.1.16 not do or permit to be done anything which could invalidate the insurances referred to in clause 6 7 (Title, risk and insurance).
7.2 8.2 The Lessee acknowledges that the Lessor shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors, and the Lessee undertakes to indemnify the Lessor on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Lessee to comply with the terms of this agreementAgreement.
Appears in 2 contracts
Sources: Rental Agreement, Rental Agreement
LESSEE’S RESPONSIBILITIES. 7.1 6.1 The Lessee shall during the term of this agreement:
(a) ensure that the Equipment is kept and operated in a suitable environment., used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by the Lessor;
(b) take such steps (including compliance with all safety and usage instructions provided by the Lessor) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the EquipmentEquipment and be responsible for any costs incurred by the Lessor in carrying out any repairs to the Equipment required to return the Equipment to its operating condition at the beginning of the Rental Period ;
(d) make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment unless without the component(s) is/are replaced immediately (or if removed in prior written consent of the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of itLessor. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Lessor immediately upon installation;
(e) keep the Lessor fully informed of all material matters relating to the Equipment;
(f) at all times keep the Equipment in the possession or control of the Lessee and keep the Lessor informed of its location and not permit the Equipment to be transferred to any country prohibited by the government of the United Kingdom;
(g) permit the Lessor or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(gh) maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Lessor, together with such additional information as the Lessor may reasonably require;
(hi) not, without the prior written consent of the Lessor, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(i) not without the prior written consent of the Lessor, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor against all losses, costs or expenses incurred as a result of such affixation or removal;
(j) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Lessor in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment;
(k) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(l) not use the Equipment for any unlawful purpose;
(m) ensure that at all times the Equipment remains identifiable as being the Lessor's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(n) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as the Lessor requires, or if necessary, necessary allow the Lessor or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment or in the event of a loss of the Equipment pay to the Lessor the full replacement cost of the Equipment; and
(o) not do or permit to be done anything which could invalidate the insurances referred to in clause 6 (Title, risk and insurance)5.
7.2 6.2 The Lessee acknowledges that the Lessor shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors, and the Lessee undertakes to indemnify the Lessor on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Lessee to comply with the terms of this agreement.
Appears in 2 contracts
Sources: Equipment Rental Agreement, Equipment Rental Agreement
LESSEE’S RESPONSIBILITIES. 7.1 The Lessee shall during the term of this agreementagrees:
(a) ensure that Sidewalks, doorways, vestibules, halls, stairways and other similar areas shall not be obstructed by Lessee or used by Lessee for any purpose other than ingress and egress to and from the Equipment is kept Premises and operated in a suitable environmentfor going from one to another part of the Premises.
(b) take such steps (including compliance With respect to work being performed by Lessee in the Premises with the approval of Lessor, Lessee will refer all safety contractors, contractors’ representatives and usage instructions provided by installation technicians rendering any service to them to Lessor for Lessor’s CONFIDENTIAL TREATMENT REQUESTED BY DIVERSEY, INC. – CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND HAVE BEEN SEPARATELY FILED WITH THE COMMISSION. supervision, approval and control before the Lessor) as may be necessary performance of any contractual services. This provision shall apply to ensureall work performed in the Premises including, so far as is reasonably practicablebut not limited to, that installations of telephones, electrical devices and attachments, and any and all installations of every nature affecting floors, walls, woodwork, trim, windows, ceilings, equipment and any other physical portion of the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;Premises.
(c) maintain at its own expense Should Lessee require telephonic or other communication service, Lessor will direct the Equipment in good electrician where and substantial repair in order how wires are to keep it in be introduced and placed and none shall be introduced or placed except as good an operating condition as it was on the Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and Lessor shall make good any damage to the Equipment;direct. Such electric current shall not be used for power or heating without Lessor’s prior written permission.
(d) make no alteration to the Equipment and Lessee shall not remove make or permit any existing component(s) from the Equipment unless the component(s) is/are replaced immediately (improper, objectionable or if removed unpleasant noises or odors in the ordinary course of repair and maintenance as soon as practicable) by the same component Premises other than those typically found in operations similar to Lessee’s or by one of a similar make and model otherwise interfere in any way with other lessees or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Lessor immediately upon installation;persons having business with them.
(e) Unless Lessee and Lessor enter into alternative arrangements, Lessee shall expeditiously obtain and keep current any and all Permits, licenses and certificates now or hereafter required by any governmental body having jurisdiction over the Premises and/or Lessee’s activities thereon. Unless Lessee and Lessor fully informed enter into an alternative arrangement, and subject to a reasonable transition period (not to exceed ninety (90) days from the Commencement Date) for transfer or reissuance (if required), such Permits, licenses and certificates shall be acquired and maintained by Lessee in its separate corporate status and not in the name of all material matters relating Lessor. This requirement shall include, but shall not be limited to the Equipment;any Permits, licenses and certificates which relate solely to Lessee’s waste disposal, including any activity which is solely related to Lessee’s operation.
(f) permit Lessee has been given a copy of certain of Lessor’s Product Supply Division Policies and Procedures and a copy of Lessor’s Safety and Audit Assessment Policies and Procedures. Lessee shall comply with such policies and procedures, as the Lessor or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment same may be locatedamended from time to time.
(i) Lessee shall achieve and maintain, throughout the term of this Lease, a minimum score of 4.0.
(ii) Lessee shall achieve and shall grant reasonable access and facilities for such inspection;maintain, throughout the term of this Lease, a minimum score of 4.0.
(g) maintain operating Lessee shall participate in Lessor’s safety and maintenance records of the Equipment and make copies of such records readily available to the Lessor, together with such additional information as the Lessor may reasonably require;environmental exercises.
(h) notLessee shall participate in pan-Waxdale committees, without including the prior written consent of Waxdale Safety Committee, Waxdale Safety and Environmental Committee, and the Lessor, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;Waxdale Environment Committee.
(i) not without the prior written consent Lessee shall encourage its employees to become members of the Lessor, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor against all losses, costs or expenses incurred as a result of such affixation or removal;
(j) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Lessor in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment;
(k) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(l) not use the Equipment for any unlawful purpose;
(m) ensure that at all times the Equipment remains identifiable as being the Lessor's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(n) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as the Lessor requires, or if necessary, allow the Lessor or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment; and
(o) not do or permit to be done anything which could invalidate the insurances referred to in clause 6 (Title, risk and insurance)Waxdale Emergency Response Brigade.
7.2 The Lessee acknowledges that the Lessor shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors, and the Lessee undertakes to indemnify the Lessor on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Lessee to comply with the terms of this agreement.
Appears in 2 contracts
Sources: Lease Agreement (Diversey, Inc.), Lease Agreement (Diversey Inc)
LESSEE’S RESPONSIBILITIES.
7.1 The Lessee shall during the term of this agreement:
(a) ensure that the Equipment is kept and operated in a suitable environment., used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by the Lessor;
(b) take such steps (including compliance with all safety and usage instructions provided by the Lessor) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;
(d) make no alteration to the Equipment and shall not remove any existing component(scomponent (or components) from the Equipment without the prior written consent of the Lessor unless the component(scomponent (or components) is/are is (or are) replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/improved or advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Lessor immediately upon on installation;
(e) keep the Lessor fully informed of all material matters relating to the Equipment;
(f) permit the Lessor or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon on the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(g) maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Lessor, together with such additional information as the Lessor may reasonably require;
(h) not, without the prior written consent of the Lessor, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(i) not without the prior written consent of the Lessor, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor against all losses, costs or expenses incurred as a result of such affixation or removal;
(j) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or or interest of the Lessor in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment;
(k) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(l) not use the Equipment for any unlawful purpose;
(m) ensure that at all times the Equipment remains identifiable as being the Lessor's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(n) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as the Lessor requires, or if necessary, necessary allow the Lessor or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment; and
(o) not do or permit to be done anything which could invalidate the insurances referred to in clause 6 (Title, risk and insurance)6.
7.2 The Lessee acknowledges that the Lessor shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors, and the Lessee undertakes to shall indemnify the Lessor on demand against the same, and in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, liabilitiesloss of profit, claimsloss of reputation and all interest, damages, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or expenses of whatever nature otherwise incurred by the Lessor arising out of of, or in connection with any failure by the Lessee to comply with the terms of this agreement.
Appears in 1 contract
Sources: Terms and Conditions of Hire
LESSEE’S RESPONSIBILITIES.
7.1 The Lessee shall during the term of this agreement:
(a) ensure that the Equipment is kept and operated in a suitable environment., used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by the Lessor;
(b) take such steps (including compliance with all safety and usage instructions provided by the Lessor) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Commencement Delivery Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;
(d) make no alteration to the Equipment and shall not remove any existing component(scomponent (or components) from the Equipment unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Lessor immediately upon installationEquipment;
(e) keep the Lessor fully informed of all material matters relating to the Equipment;
(f) keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without the Lessor's prior written consent;
(g) permit the Lessor or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon on the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(g) maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Lessor, together with such additional information as the Lessor may reasonably require;
(h) not, without the prior written consent of the Lessor, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(i) not without the prior written consent of the Lessor, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor against all losses, costs or expenses incurred as a result of such affixation or removal;
(j) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or or interest of the Lessor in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment;
(kj) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(lk) not use the Equipment for any unlawful purpose;
(ml) ensure that at all times the Equipment remains identifiable as being the Lessor's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;; Notwithstanding the foregoing, the Lessee may, subject to advance written agreement of the Lessor (which will not be unreasonably withheld) add its own brand name and/or logo to the exterior of the Equipment by applying temporary covering or stickers to the Equipment which are capable of being removed without causing damage to the Equipment. In the event that damage is caused to the Equipment by the addition of such covering or stickers, the Lessor shall make good the damage and restore the Equipment to its appearance as it was at the Commencement Date .
(nm) deliver up permit the removal by the Lessor or its contracted haulage contractor to recover the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as the Lessor requires, or if necessary, and allow the Lessor or its representatives haulage contractor access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment; andand
(on) not do or permit to be done anything which could invalidate the insurances referred to in clause 6 (Title, risk and insurance)6.2.
7.2 The Lessee acknowledges that the Lessor shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors, and the Lessee undertakes to shall indemnify the Lessor on demand against the same, and in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, liabilitiesloss of profit, claimsloss of reputation and all interest, damages, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or expenses of whatever nature otherwise incurred by the Lessor arising out of of, or in connection with any failure by the Lessee to comply with the terms of this agreement.
Appears in 1 contract
Sources: Hire Agreement
LESSEE’S RESPONSIBILITIES. 7.1 The Lessee shall during the term of this agreement:
(a) ensure that the Equipment Vehicle is kept and operated stored in a suitable environment., used only for the purposes for which it is designed, and driven and maintained in a proper manner to include but not limited to weekly tyre pressure, tread depth, oil and coolant checks;
(b) not to use the Vehicle for:
(i) any illegal purposes or in a way which would cause nuisance;
(ii) carrying passengers or goods for a fee;
(iii) driving lessons;
(iv) towing or pushing any vehicle, trailer or other object, without the Lessor’s written permission;
(v) competition, racing, pace making, or to test the Vehicle’s reliability, performance or speed;
(vi) off road driving or on roads unsuitable for the Vehicle;
(vii) driving after drinking alcohol or taking drugs that would result in the Vehicle being operated illegally;
(viii) carrying such a weight that exceeds the manufacturer’s maximum weight recommendations;
(ix) carrying unsecured loads; or
(x) carrying more passengers than the Vehicle was manufactured to legally carry; or
(c) take such steps (including compliance with all safety and usage instructions provided by the Lessor) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment Vehicle is at all times safe and without risk to health when it is being set, used, cleaned or maintained used by a person at work;
(cd) maintain at its own expense the Equipment Vehicle in good and substantial repair in order to keep it in as good an operating condition as it was on the Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, parts and shall make the making good of any damage to the EquipmentVehicle subject to obtaining the Lessor’s written consent prior to any such works being carried out;
(de) deliver the Vehicle to the Lessor in advance of the Annual Service Date or the Annual Service Mileage Limit whichever occurs sooner;
(f) immediately inform the Lessor of the Vehicle breaking down so that the Lessor can arrange for the Vehicle to be recovered pursuant to the BMW/MINI
(g) engage with BMW or MINI Breakdown Recovery services in the event of any recovery incident;
(h) make no alteration to the Equipment Vehicle and shall not remove any existing component(scomponent (or components) from the Equipment Vehicle unless the component(scomponent (or components) is/are is (or are) replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/improved or advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment Vehicle shall vest in the Lessor immediately upon on installation;
(ei) keep the Lessor fully informed of all material matters relating to the EquipmentVehicle, seek the Lessor’s consent prior to travelling in the Vehicle outside of the United Kingdom and to return the Vehicle from outside the United Kingdom within two weeks of departing;
(fj) pay the Lessor’s Foreign Travel Consent Fee as referred to in the Additional Charges at the same time as seeking consent under clause 7.1(h);
(k) immediately inform the Lessor of any damage to the Vehicle by telephoning its Accident Line on 08452308444, arrange for its return to the Lessor for inspection and any necessary repairs and immediately pay the costs of those repairs to the Lessor insurer upon receipt of an invoice from the Lessor;
(l) permit the Lessor or its duly authorised representative to inspect the Equipment Vehicle at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment Vehicle may be located, and shall grant reasonable access and facilities for such inspection;
(gm) maintain operating and maintenance records of the Equipment Vehicle and make copies of such records readily available to the Lessor, together with such additional information as the Lessor may reasonably require;
(hn) not, without the prior written consent of the Lessor, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment Vehicle or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(i) not without the prior written consent of the Lessor, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor against all losses, costs or expenses incurred as a result of such affixation or removal;
(jo) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or or interest of the Lessor in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the EquipmentVehicle;
(kp) not suffer or permit the Equipment Vehicle to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment Vehicle is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment Vehicle and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(lq) not use the Equipment Vehicle for any unlawful purpose;
(mr) not to smoke any tobacco products or use any type of electronic cigarette inside the Vehicle;
(s) not carry any object or substance which, because of its condition or smell, may harm the Vehicle or delay the Lessor’s ability to hire or sell the Vehicle.
(t) ensure that at all times the Equipment Vehicle remains identifiable as being the Lessor's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipmentproperty;
(nu) deliver up the Equipment Vehicle at the end of the Rental Period or on earlier termination of this agreement at such address as the Lessor requires, or if necessary, necessary allow the Lessor or its representatives access to the Site or any premises where the Equipment Vehicle is located for the purpose of removing the Equipment; andVehicle;
(ov) not do or permit to be done anything which could invalidate the insurances referred to in clause 6 6;
(Titlew) consent by signing this agreement to the Lessor using and accessing the Vehicle’s electronic tracking device to obtain its location and telematics information at any time during or after the hire period and for any reason; and
(x) be responsible for payment of all parking fines, risk congestion charges and insurance)road traffic offences and fines during the period of hire and the Lessor’s administration fee as listed in Schedule 3.
7.2 The Lessee acknowledges that the Lessor shall not be responsible for any loss of or damage to the Equipment Vehicle arising out of or in connection with any negligence, misuse, mishandling of the Equipment Vehicle or otherwise caused by the Lessee or its officers, employees, agents and contractors, and the Lessee undertakes to shall indemnify the Lessor on demand against the same, and in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, liabilitiesloss of profit, claimsloss of reputation and all interest, damages, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or expenses of whatever nature otherwise incurred by the Lessor arising out of of, or in connection with any failure by the Lessee to comply with the terms of this agreement.
Appears in 1 contract
Sources: Vehicle Hire Agreement
LESSEE’S RESPONSIBILITIES. 7.1 The Lessee shall during the term of this agreementAgreement:
(a) 7.1.1 ensure that the Equipment is kept and operated in a suitable environment., used only for the purposes for which it is designed, and operated in a proper manner in accordance with any operating instructions;
(b) 7.1.2 take such steps steps, (including compliance with all safety and usage instructions provided by the Lessor) ), as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) 7.1.3 maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;order
(d) 7.1.4 make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment unless the component(s) is/are replaced immediately immediately, (or if removed in the ordinary course of repair and maintenance as soon as practicable) ), by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Lessor immediately upon installation;
(e) 7.1.5 keep the Lessor fully informed of all material matters relating to the Equipment;
(f) 7.1.6 at all times keep the Equipment in the possession or control of the Lessee and keep the Lessor informed of its location;
7.1.7 permit the Lessor or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(g) 7.1.8 maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Lessor, together with such additional information as the Lessor may reasonably require;
(h) 7.1.9 not, without the prior written consent of the Lessor, part with control of of, (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(i) not 7.1.10 not, without the prior written consent of the Lessor, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury damage to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor against all losses, costs or expenses incurred as a result of such affixation or removal;
(j) 7.1.11 not do do, or permit to be done done, any act or thing which will or may jeopardise the right, title and/or interest of the Lessor in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment;a
(k) 7.1.12 not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall shall, at its sole expense expense, use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(l) 7.1.13 not use the Equipment for any unlawful purpose;
(m) 7.1.14 ensure that at all times the Equipment remains identifiable as being the Lessor's ’s property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(n) 7.1.15 deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement Agreement at such address as the Lessor requires, or if necessary, allow the Lessor or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment; and
(o) 7.1.16 not do do, or permit to be done done, anything which could invalidate the insurances referred to in clause Clause 6 (Title, risk Risk and insuranceInsurance).
7.2 The Lessee acknowledges that the Lessor shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors, and the Lessee undertakes to indemnify the Lessor on demand against the same, same and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Lessee to comply with the terms of this agreementAgreement.
Appears in 1 contract
Sources: Supply of Hire Equipment Agreement
LESSEE’S RESPONSIBILITIES. 7.1 8.1 The Lessee shall during the term of this agreementthe Contract:
(a) ensure that the Equipment is kept and operated in a suitable environment., used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions;
(b) take such steps (including compliance with all safety and usage instructions provided by the Lessor) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts), and shall make good any damage to the Equipment;
(d) make no alteration to the Equipment and shall not remove any existing component(s) from without the Equipment unless prior written consent of the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Lessor immediately upon installationLessor;
(e) neither remove the Lessor’s brands or labels from the Equipment nor attach or in any other way fix the Lessee’s own or other brands or labels to the Equipment;
(f) keep the Lessor fully informed of all material matters relating to the Equipment;
(fg) keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without the Lessor's prior written consent;
(h) permit the Lessor or its duly authorised representative to inspect or test the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(g) maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Lessor, together with such additional information as the Lessor may reasonably require;
(hi) not, without the prior written consent of the Lessor, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(i) not without the prior written consent of the Lessor, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor against all losses, costs or expenses incurred as a result of such affixation or removal;
(j) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Lessor in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement the Contract and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment;
(k) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(l) not use the Equipment for any unlawful purpose;
(m) ensure that at all times the Equipment remains identifiable as being the Lessor's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(n) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement the Contract at such address as the Lessor requires, or if necessary, necessary allow the Lessor or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment; and
(o) not do or permit to be done anything which could invalidate the insurances referred to in clause 6 (Title, risk and insurance)7.
7.2 8.2 The Lessee acknowledges that the Lessor shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors, and the Lessee undertakes to indemnify the Lessor on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Lessee to comply with the terms of this agreementthe Contract.
Appears in 1 contract
Sources: Equipment Hire Agreement
LESSEE’S RESPONSIBILITIES. 7.1 The Lessee shall during the term of this agreementContract:
(ai) ensure that the Equipment is kept and operated in a suitable environment., used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions and/or Lessor instructions from time to time;
(bii) take such steps (including compliance with all safety and usage instructions provided by the Lessor) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(ciii) maintain at its own expense undertake upgrades and/or updates to the Embedded Software as instructed from time to time;
(iv) keep the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Commencement Effective Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment);
(dv) make no alteration to the Equipment and shall not remove any existing component(s) ), labels, markings, brands or trademarks from the Equipment unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of itEquipment. Title and property in all substitutions, replacements, renewals made in or to the Equipment (which shall be made only by the Lessor) shall vest in the Lessor immediately upon installationor its suppliers;
(evi) keep the Lessor fully informed of all material matters relating to the Equipment;
(fvii) at all times keep the Equipment in the possession or control of the Lessee and keep the Lessor informed of its location;
(viii) permit the Lessor or Lessor, its suppliers, and/or their duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon on the Site Site(s) or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(g) maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Lessor, together with such additional information as the Lessor may reasonably require;
(hix) not, without the prior written consent of the Lessor, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(i) not without the prior written consent of the Lessor, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor against all losses, costs or expenses incurred as a result of such affixation or removal;
(jx) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or or interest of the Lessor or its suppliers in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment;
(kxi) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(lxii) not use the Equipment for any unlawful purpose;
(mxiii) not repair or alter the Equipment other than by return of the Equipment to the Lessor as contemplated at clauses 8 to 10;
(xiv) ensure that at all times the Equipment remains identifiable as being the Lessor's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(nxv) deliver up the Equipment to Lessor or its representative at the end of the Rental Period or on earlier termination of this agreement Contract, in compliance with Lessor’s instructions, at such address as the Lessor requires, or if necessary, necessary allow the Lessor or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment;
(xvi) use the Equipment only at the Site(s) and only in the Territory; and
(oxvii) not do or permit to be done anything which could invalidate the insurances referred to in clause 6 (Title, risk and insurance)6.
7.2 In relation to any ▇▇▇▇ provided by the Lessor to the Lessee:
(i) The Lessee acknowledges shall ensure that the ▇▇▇▇ are not removed from the Equipment and are not used for any other purpose other than the proper functioning of the Equipment in the Territory in accordance with this Contract.
(ii) The Lessor may immediately, without notice, disable or suspend any SIM at any time in the case of any suspected misuse of the SIM. The Lessor shall not be responsible have no liability in the event that it disables or suspends the SIM in this way.
(iii) The Lessor shall have no liability for any failure or malfunction or degradation, of, to, and in, the SIM or any telecoms network, however it shall replace a non- functioning SIM upon request from the Lessee.
(iv) the Lessee shall: (a) take reasonable precautions to prevent the theft or loss of of, or damage to that SIM; and (b) notify the Equipment arising out Lessee immediately if it becomes aware of any misuse or loss or theft of any SIM.
(v) Lessor may immediately, without notice, disable or suspend any SIM at any time in connection with the case of any negligence, misuse, mishandling suspected misuse of the Equipment SIM. Lessor shall have no liability if it disables or otherwise caused by suspends the SIM in this way.
(vi) The Lessee or its officers, employees, agents shall indemnify and contractors, and the Lessee undertakes to indemnify hold harmless the Lessor on demand against the same, and against its suppliers in respect of all losses, liabilities, claims, damages, costs costs, and expenses, suffered or expenses incurred as a result of whatever nature otherwise arising out of or in connection with any failure by the Lessee to comply with the terms breach of this agreementclause 7.2.
Appears in 1 contract
Sources: Pos Terminal Service Agreement
LESSEE’S RESPONSIBILITIES. 7.1 The Lessee shall during the term of this agreement:
(a) ensure that the Equipment is kept and operated in a suitable environment., used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by the manufacturer;
(b) take such steps (including compliance with all safety and usage instructions provided by the Lessorinstructions) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;
(d) make no alteration or modification to the Equipment or installation infrastructure and shall not remove any existing component(s) from the Equipment unless without the component(s) is/are replaced immediately (or if removed in the ordinary course prior written consent of repair and maintenance as soon as practicable) Microminder whether that be by the same component lessee or by one of their employees or a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Lessor immediately upon installationthird party;
(e) keep the Lessor Microminder fully informed of all material matters relating to the Equipment;
(f) keep the Equipment at all times at the Site (with the exception of notebook laptop products where there is a common understanding that such item shall be used in a mobile way) and shall not move or attempt to move any part of the Equipment to any other location without Microminder's prior written consent, which shall be given provided that Microminder alone moves the Equipment at the cost of the Lessee;
(g) permit the Lessor Microminder or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(gh) maintain operating and maintenance records of the Equipment and make copies of such records readily available to the LessorMicrominder, together with such additional information as the Lessor Microminder may reasonably require;
(hi) not, without the prior written consent of the LessorMicrominder, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet underlet, sub-licence, allow remote access from a host device/third party device that provides resources, services and /or information or lend all or any of the Equipment or Equipment;
(j) not allow the creation of any mortgage, charge, lien or other security interest in respect of itall or any of the Equipment;
(ik) not without the prior written consent of the LessorMicrominder, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor Microminder against all losses, costs or expenses incurred as a result of such affixation or removal;
(jl) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Lessor Microminder in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor Microminder may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor Microminder of any rights such person may have or acquire in the Equipment and a right for the Lessor Microminder to enter onto such land or building to remove the Equipment;
(km) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor Microminder and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor Microminder on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(ln) not use the Equipment for any unlawful purpose;
(mo) ensure that at all times the Equipment remains identifiable as being the LessorMicrominder's property and wherever possible shall ensure that a visible sign (and in particular any signs supplied by Microminder) to that effect is attached to the Equipment;
(np) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as the Lessor Microminder requires, or if necessary, necessary allow the Lessor Microminder or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment; and
(oq) not do or permit to be done anything which could invalidate the insurances referred to in clause 6 (Title, risk and insurance)6.
7.2 The Lessee acknowledges that the Lessor Microminder shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors, and the Lessee undertakes to indemnify the Lessor Microminder on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Lessee to comply with the terms of this agreement. Furthermore, any works required as a result of third party (being anyone other than Microminder employees) involvement shall not be covered by the associated support contract and shall be chargeable.
Appears in 1 contract
Sources: Equipment Rental Agreement
LESSEE’S RESPONSIBILITIES. 7.1 The From the date of delivery until the Equipment is returned to the Lessor the Lessee shall during the term of this agreementshall:
(a) 5.1 ensure that the Equipment is kept used in the normal course of the Lessee’s business in accordance with the manufacturer’s instructions and operated in a suitable environment.recommendations;
(b) take such steps (including compliance 5.2 except for portable equipment which is intended by its nature to be moved around and which may be used for business trips away from the Location, not move or relocate the Equipment from the Location without the Lessor’s written consent, which shall not be unreasonably withheld;
5.3 not use or permit the Equipment to be used unlawfully or for any unlawful purpose and comply with all safety and usage instructions provided mandatory legal requirements;
5.4 not remove, obscure or alter any serial number or any other identification ▇▇▇▇ on the Equipment, including any ownership notice required by the Lessor) as may be necessary ;
5.5 not make any alterations, substitutions or additions to ensure, so far as is reasonably practicable, that the Equipment is without the prior written consent of the Lessor. All alterations, substitutions or additions of whatever kind or nature made to the Equipment shall automatically become the property of the Lessor (at no additional cost to the Lessor) and be leased to the Lessee on the terms of the Lease Agreement;
5.6 keep the Equipment at all times safe in the Lessee’s possession and without risk / or control and maintain accurate records as to health when it is being set, used, cleaned or maintained by a person at work;
(c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Commencement Date (fair wear and tear only excepted) including replacement whereabouts of worn, damaged and lost parts, and shall make good any damage to the Equipment;
(d) 5.7 make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Lessor immediately sure upon installation;
(e) keep the Lessor fully informed of all material matters relating to the Equipment;
(f) permit receiving reasonable notice that the Lessor or its duly authorised representative agents have access at all reasonable times during normal business hours and at any time in an emergency to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site ▇▇▇▇ or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspectionlabel it to show ownership;
(ga) maintain operating and maintenance records not let anyone obtain any rights over the Equipment or interfere with the Lessor’s ownership of the Equipment. The Lessee shall not sell, assign, mortgage, charge, sub-let, lend, share or in any way deal with the Equipment or any part of it or try to do so and make copies of such records readily available to shall keep the LessorEquipment free from any legal process, together with such additional information as the Lessor may reasonably requirelien or encumbrance;
(hb) not, without the prior written consent of the Lessor, attach any part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(i) not without the prior written consent of the Lessor, attach the Equipment to any land or building premises so as to cause that the Equipment to becomes or may become a permanent fixture;
(c) promptly notify any mortgagee or immovable fixture on such land or buildingchargee of the Lessee's assets and any landlord of the premises where any Equipment is located that the Equipment is the property of the Lessor. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused requested by the affixation or removal Lessor, provide written confirmation of notification and/or obtain such confirmation from the third party as the Lessor may request in writing;
5.9 ensure the safe and proper storage and custody of the Equipment until its return to the Lessor;
5.10 obtain, keep in effect and comply at all times with the terms of all consents, permits and licences (including, where appropriate, any software licences) which may from any land or building time to time be required in connection with the business of the Lessee and the use of the Equipment;
5.11 not claim capital allowances on the Equipment; and
5.12 indemnify the Lessor against all lossesduties, costs rates, taxes and other sums of whatever nature payable in respect of the ownership, possession or expenses incurred as a result use of such affixation the Equipment, excluding taxes assessed on the profits or removal;
(j) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest gains of the Lessor in from the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour leasing of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment;
(k) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(l) not use the Equipment for any unlawful purpose;
(m) ensure that at all times the Equipment remains identifiable as being the Lessor's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(n) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as the Lessor requires, or if necessary, allow the Lessor or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment; and
(o) not do or permit to be done anything which could invalidate the insurances referred to in clause 6 (Title, risk and insurance).
7.2 The Lessee acknowledges that the Lessor shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors, and the Lessee undertakes to indemnify the Lessor on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Lessee to comply with the terms of this agreement.
Appears in 1 contract
Sources: Master Agreement
LESSEE’S RESPONSIBILITIES. 7.1 The Lessee shall during the term of this agreementagrees:
(a) ensure that Sidewalks, doorways, vestibules, halls, stairways and other similar areas shall not be obstructed by Lessee or used by Lessee for any purpose other than ingress and egress to and from the Equipment is kept Premises and operated in a suitable environmentfor going from one to another part of the Premises.
(b) take such steps (including compliance With respect to work being performed by Lessee in the Premises with the approval of Lessor, Lessee will refer all safety contractors, contractors’ representatives and usage instructions provided by installation technicians rendering any service to them to Lessor for Lessor’s supervision, approval and control before the Lessor) as may be necessary performance of any contractual services. This provision shall apply to ensureall work performed in the Premises including, so far as is reasonably practicablebut not limited to, that installations of telephones, telegraph equipment, electrical devices and attachments, and any and all installations of every nature affecting floors, walls, woodwork, trim, windows, ceilings, equipment and any other physical portion of the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;Premises.
(c) maintain at its own expense Should Lessee require telegraphic, telephonic, or other communication service, Lessor will direct the Equipment in good electrician where and substantial repair in order how wires are to keep it in be introduced and placed and none shall be introduced or placed except as good an operating condition as it was on the Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and Lessor shall make good any damage to the Equipment;direct. Such electric current shall not be used for power or heating without Lessor’s prior written permission.
(d) make no alteration to the Equipment and Lessee shall not remove make or permit any existing component(s) from the Equipment unless the component(s) is/are replaced immediately (improper, objectionable or if removed unpleasant noises or odors in the ordinary course of repair and maintenance as soon as practicable) by the same component Premises other than those typically found in operations similar to Lessee’s or by one of a similar make and model otherwise interfere in any way with other Lessees or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Lessor immediately upon installation;persons having business with them.
(e) Unless Lessee and Lessor enter into alternative arrangements, Lessee shall expeditiously obtain and keep current any and all Permits, licenses and certificates now or hereafter required by any governmental body having jurisdiction over the Premises and/or Lessee’s activities thereon. Unless Lessee and Lessor fully informed enter into an alternative arrangement, and subject to a reasonable transition period (not to exceed 90 days from the Commencement Date) for transfer or reissuance (if required), such Permits, licenses and certificates shall be acquired and maintained by Lessee in its separate corporate status and not in the name of all material matters relating Lessor. This requirement shall include, but shall not be limited to the Equipment;any Permits, licenses and certificates which relate solely to Lessee’s waste disposal, including any activity which is solely related to Lessee’s operation.
(f) permit Lessee has been given a copy of certain of Lessor’s Product Supply Division Policies and Procedures and a copy of Lessor’s Safety and Audit Assessment Policies and Procedures. Lessee shall comply with such policies and procedures, as the Lessor or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment same may be locatedamended from time to time.
(i) Lessee shall use its best efforts to achieve a minimum score of 4.0 on Lessor’s Safety and Environment Program Assessment Audit, but in any event Lessee shall achieve, within 2 years after the Commencement Date, and maintain, throughout the term of this Lease, a minimum score of 4.0.
(ii) Lessee shall grant reasonable access use its best efforts to achieve a minimum score of 4.0 on Lessor’s Waxdale Housekeeping Audit, but in any event Lessee shall achieve, within 1 year after the Commencement Date, and facilities for such inspection;maintain, throughout the term of this Lease, a minimum score of 4.0.
(g) maintain operating Lessee shall participate in Lessor’s safety and maintenance records of the Equipment and make copies of such records readily available to the Lessor, together with such additional information as the Lessor may reasonably require;environmental exercises.
(h) notLessee shall participate in pan-Waxdale committees, without including the prior written consent of Waxdale Safety Committee, Waxdale Safety and Environmental Committee, and the Lessor, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;Waxdale Environment Committee.
(i) not without the prior written consent Lessee shall encourage its employees to become members of the Lessor, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor against all losses, costs or expenses incurred as a result of such affixation or removal;
(j) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Lessor in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment;
(k) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(l) not use the Equipment for any unlawful purpose;
(m) ensure that at all times the Equipment remains identifiable as being the Lessor's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(n) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as the Lessor requires, or if necessary, allow the Lessor or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment; and
(o) not do or permit to be done anything which could invalidate the insurances referred to in clause 6 (Title, risk and insurance)Waxdale Emergency Response Brigade.
7.2 The Lessee acknowledges that the Lessor shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors, and the Lessee undertakes to indemnify the Lessor on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Lessee to comply with the terms of this agreement.
Appears in 1 contract
LESSEE’S RESPONSIBILITIES. 7.1 The Lessee shall during hereby accepts the term of this agreement:
(a) ensure that Premises in its present condition, and agrees to maintain the Equipment is kept and operated Premises in a suitable environment.
(b) take such steps (including compliance with all safety and usage instructions provided by the Lessor) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating same condition as it was exists on the Commencement Date (fair Date, except for reasonable wear and tear only excepted) including replacement of worntear. Except as provided in Article 12.B., damaged and lost partsLessee shall keep the Premises in good, tenantable, useable condition throughout the Lease Term, and without limiting the generality thereof, shall:
1) Maintain the Premises in a safe and neat manner, free from garbage, debris, or other unsightly or unsanitary waste matter (whether solid or liquid). All garbage, debris, or other waste matter temporarily stored in the open shall make be kept in suitable garbage and waste receptacles. Lessee shall use extreme care when performing removal activities of all such waste matter and shall conduct such removal activities in accordance with all applicable laws, ordinances, rules, regulations, and procedures.
2) Replace all light bulbs and filters of any window air conditioning units on the Premises.
3) Maintain the Premises, including both the interior and exterior, in a good any state of repair (excepting those responsibilities of Lessor as set forth in Article 12.B. hereof), and maintain the Premises in a clean, orderly and safe condition so as to avoid injury to persons and property.
4) Repair all damage to the Equipment;
Premises (dincluding, but not limited to, any fencing, gates, lighting, or pavement) make no alteration to caused by any act, omission, negligence, or misconduct on the Equipment and shall not remove any existing component(spart of Lessee, its employees, agents, contractors, or invitees, within thirty (30) from calendar days after the Equipment unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Lessor immediately upon installation;
(e) keep the Lessor fully informed of all material matters relating to the Equipment;
(f) permit the Lessor or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(g) maintain operating and maintenance records date of the Equipment and make copies of such records readily available to Port Department's written notice. In the Lessor, together with such additional information as the Lessor may reasonably require;
(h) not, without the prior written consent of the Lessor, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of event Lessee fails in any mortgage, charge, lien or other security interest in material respect of it;
(i) not without to commence to maintain, clean, repair, replace, rebuild, or paint on or before the prior thirtieth (30th) calendar day after the date of written consent notice from the Port Department is sent, or (ii) to continue to completion in a diligent manner the maintenance, repair, replacement, rebuilding, or painting of the Lessor, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor against all losses, costs or expenses incurred as a result of such affixation or removal;
(j) not do or permit Premises required to be done any act or thing which will or may jeopardise the rightmaintained, title and/or interest of the Lessor in the Equipment andrepaired, where the Equipment has become affixed to any land or buildingreplaced, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment;
(k) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(l) not use the Equipment for any unlawful purpose;
(m) ensure that at all times the Equipment remains identifiable as being the Lessor's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
(n) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as the Lessor requiresrebuilt, or if necessary, allow the Lessor or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment; and
(o) not do or permit to be done anything which could invalidate the insurances referred to in clause 6 (Title, risk and insurance).
7.2 The Lessee acknowledges that the Lessor shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors, and the Lessee undertakes to indemnify the Lessor on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Lessee to comply with painted under the terms of this agreementLease, then Lessor may, at its option, and in addition to any other remedies, which may be available to it, immediately commence to maintain, repair, replace, rebuild, or paint all or any part of the Premises included in said notice and the cost thereof shall be payable by Lessee within fifteen (15) calendar days after written demand therefor is sent.
Appears in 1 contract
Sources: Lease Agreement