Common use of Maintenance; Damage and Destruction Clause in Contracts

Maintenance; Damage and Destruction. Lessee shall, at its own expense, at all times keep the leased Equipment in good and efficient working order, condition, and repair and shall keep and maintain thereon such tags of identification and signs of ownership as Lessor may require and are in place on the leased Equipment when delivered to Lessee. Lessee shall bear the risk of damage, theft or destruction of the leased Equipment from every cause. Lessee shall notify Lessor of all damage to the Equipment, repairs needed or replacements needed to the Equipment as soon as noticed by Lessee. Failure of the Lessee to notify Lessor of damage or malfunctions in a timely manner may result in additional damage, for which Lessee shall assume all responsibility for repair or replacement costs. Lessor shall make all replacements, repairs or substitutions of parts or equipment thereon at Lessee’s sole expense if, and only if, Lessee timely reports damage or malfunctions, all of which shall constitute an accession to the leased Equipment with title thereto vesting and remaining in Lessor. At Lessor’s option, Lessee may repair any damage or destruction to the leased Equipment at Lessee’s expense. However, any such repairs made by Lessee shall be made strictly to the specifications and requirements of Lessor. Repairs will be made at full repair or replacement cost as of the day the loss or damage is incurred. Provided the following items are not damaged by Lessee, or while in the Lessee’s possession, or damaged through Lessee’s failure to properly maintain the leased Equipment, the following repairs will be made only by Lessor or it’s agents; HVAC system, electrical system, plumbing system, roof or window leaks. Lessee shall change air conditioner filters at least every three (3) months, and more often as required in dusty areas. Pads shall be used under all roller chairs on both tile and carpet floors. Lessee shall be liable to Lessor for any and all damage to the leased Equipment resulting from the failure to use such a chair pad. For all equipment with plumbing, the operating water pressure range shall be 45-60 lbs. Lessee shall be liable to Lessor for any failure of, or damage to, plumbing systems due to inadequate water pressure or water pressure over 60 lbs. Water pressure regulators shall be used on all water supply lines to ensure proper water pressure. Any water source must be clean and flushed prior to connecting to the leased Equipment. Failure to do so could result in malfunction of the toilet and other plumbing equipment which can lead to flooding. Lessee shall be liable to Lessor for any damages resulting from unclean or contaminated water supply which causes damage to any portion of the leased Equipment. Electrical connections “Hookups” must be completed by a licensed and certified electrical contractor hired by Lessee. Failure to provide a proper supply of electricity or electrical connections could result in damage to the HVAC unit, light ballasts, wiring and electrical system, and other property and could cause fire, injury or death of persons. Lessee assumes all responsibility for insuring proper electrical hookups regarding the leased Equipment.

Appears in 3 contracts

Samples: www.apitrailers.com, www.apitrailers.com, www.apitrailers.com

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Maintenance; Damage and Destruction. Lessee shallmust, at its own expense, at all times keep the leased Equipment in good and efficient working order, condition, and repair repair, and shall must keep and maintain thereon on the Equipment such tags of identification and signs of ownership as Lessor may require and are in place on the leased Equipment when delivered to Lesseerequire. Lessee shall bear bears the risk of damage, theft theft, or destruction of the leased Equipment from every cause. Lessee shall notify Lessor of all damage to the Equipment, repairs needed or replacements needed to the Equipment as soon as noticed by Lessee. Failure of the Lessee to notify Lessor of damage or malfunctions in a timely manner may result in additional damage, for which Lessee shall assume all responsibility for repair or replacement costs. Lessor shall and must make all replacements, repairs repairs, or substitutions substitution of parts or equipment thereon Equipment at Lessee’s sole expense if, and only if, Lessee timely reports damage or malfunctionsits expense, all of which shall will constitute an accession to the leased Equipment, and title of the Equipment with title thereto vesting and remaining will vest in Lessor. At Should the Equipment be damaged by any reason and be capable of repair, Lessor may repair the same at Lessee’s expense, or at Lessor’s option, Lessee may must repair any damage or destruction to the leased Equipment same at Lessee’s expenseexpense to Lessor’s specifications, as quickly as circumstances permit. However, any such repairs made Lessee will be responsible for all damages caused by moisture or water intrusion not reported promptly to Lessor for correction and repair. Lessee shall be made strictly to the specifications and requirements will not move Equipment without written permission of Lessor. Repairs will be made at full Upon the total loss of any or all the Equipment, to such an extent as to make the repair or replacement cost as of the Equipment uneconomical in Lessor’s sole opinion, Lessor may declare the Equipment a “Total Loss.” Upon a Total Loss of the Equipment, Lessee must pay Lessor on the next day for the loss payment of rent: the rent then due, plus the current market value of the Equipment had a Total Loss not occurred, less all insurance proceeds actually paid or damage is incurred. Provided assigned to Lessor from the following items are not damaged insurance maintained by Lessee, or while in the Lessee’s possession, or damaged through Lessee’s failure to properly maintain the leased Equipmentplus all applicable taxes and fees and transfer taxes (together, the following repairs will be made only by Lessor or it“Total Loss Amounts”). Upon Xxxxxx’s agents; HVAC system, electrical system, plumbing system, roof or window leaks. Lessee shall change air conditioner filters at least every three (3) months, and more often as required in dusty areas. Pads shall be used under all roller chairs on both tile and carpet floors. Lessee shall be liable to Lessor for any and all damage to the leased Equipment resulting from the failure to use such a chair pad. For all equipment with plumbing, the operating water pressure range shall be 45-60 lbs. Lessee shall be liable to Lessor for any failure of, or damage to, plumbing systems due to inadequate water pressure or water pressure over 60 lbs. Water pressure regulators shall be used on all water supply lines to ensure proper water pressure. Any water source must be clean and flushed prior to connecting to the leased Equipment. Failure to do so could result in malfunction receipt of the toilet Total Loss Amount, Xxxxxx’s lease obligations will terminate and other plumbing equipment which can lead Lessor will transfer available ownership documents, if any, to flooding. Lessee shall be liable Lessee, unless Lessor agrees in writing to Lessor for any damages resulting from unclean or contaminated water supply which causes damage to any portion dispose of the leased Equipment. Electrical connections “Hookups” must be completed by a licensed Equipment and certified electrical contractor hired by Lessee. Failure to provide a proper supply of electricity or electrical connections could result in damage to the HVAC unit, light ballasts, wiring at Xxxxxx’s sole cost and electrical system, and other property and could cause fire, injury or death of persons. Lessee assumes all responsibility for insuring proper electrical hookups regarding the leased Equipmentexpense.

Appears in 1 contract

Samples: www.satelliteco.com

Maintenance; Damage and Destruction. Lessee shallmust, at its own expense, at all times keep the leased Equipment in good and efficient working order, condition, and repair repair, and shall must keep and maintain thereon on the Equipment such tags of identification and signs of ownership as Lessor may require and are in place on the leased Equipment when delivered to Lesseerequire. Lessee shall bear bears the risk of damage, theft theft, or destruction of the leased Equipment from every cause. Lessee shall notify Lessor of all damage to the Equipment, repairs needed or replacements needed to the Equipment as soon as noticed by Lessee. Failure of the Lessee to notify Lessor of damage or malfunctions in a timely manner may result in additional damage, for which Lessee shall assume all responsibility for repair or replacement costs. Lessor shall and must make all replacements, repairs repairs, or substitutions substitution of parts or equipment thereon Equipment at Lessee’s sole expense if, and only if, Lessee timely reports damage or malfunctionsits expense, all of which shall will constitute an accession to the leased Equipment, and title of the Equipment with title thereto vesting and remaining will vest in Lessor. At Should the Equipment be damaged by any reason and be capable of repair, Lessor may repair the same at Lessee’s expense, or at Lessor’s option, Lessee may must repair any damage or destruction to the leased Equipment same at Lessee’s expenseexpense to Lessor’s specifications, as quickly as circumstances permit. However, any such repairs made Lessee will be responsible for all damages caused by moisture or water intrusion not reported promptly to Lessor for correction and repair. Lessee shall be made strictly to the specifications and requirements will not move Equipment without written permission of Lessor. Repairs will be made at full Upon the total loss of any or all the Equipment, to such an extent as to make the repair or replacement cost as of the Equipment uneconomical in Lessor’s sole opinion, Lessor may declare the Equipment a “Total Loss.” Upon a Total Loss of the Equipment, Lessee must pay Lessor on the next day for the loss payment of rent: the rent then due, plus the current market value of the Equipment had a Total Loss not occurred, less all insurance proceeds actually paid or damage is incurred. Provided assigned to Lessor from the following items are not damaged insurance maintained by Lessee, or while in plus all applicable taxes and fees and transfer taxes (together, the “Total Loss Amounts”). Upon Lessor’s receipt of the Total Loss Amount, Lessee’s possessionlease obligations will terminate and Lessor will transfer available ownership documents, or damaged through if any, to Lessee, unless Lessor agrees in writing to dispose of the Equipment and at Lessee’s failure to properly maintain the leased Equipment, the following repairs will be made only by Lessor or it’s agents; HVAC system, electrical system, plumbing system, roof or window leaks. Lessee shall change air conditioner filters at least every three (3) months, sole cost and more often as required in dusty areas. Pads shall be used under all roller chairs on both tile and carpet floors. Lessee shall be liable to Lessor for any and all damage to the leased Equipment resulting from the failure to use such a chair pad. For all equipment with plumbing, the operating water pressure range shall be 45-60 lbs. Lessee shall be liable to Lessor for any failure of, or damage to, plumbing systems due to inadequate water pressure or water pressure over 60 lbs. Water pressure regulators shall be used on all water supply lines to ensure proper water pressure. Any water source must be clean and flushed prior to connecting to the leased Equipment. Failure to do so could result in malfunction of the toilet and other plumbing equipment which can lead to flooding. Lessee shall be liable to Lessor for any damages resulting from unclean or contaminated water supply which causes damage to any portion of the leased Equipment. Electrical connections “Hookups” must be completed by a licensed and certified electrical contractor hired by Lessee. Failure to provide a proper supply of electricity or electrical connections could result in damage to the HVAC unit, light ballasts, wiring and electrical system, and other property and could cause fire, injury or death of persons. Lessee assumes all responsibility for insuring proper electrical hookups regarding the leased Equipmentexpense.

Appears in 1 contract

Samples: www.satelliteco.com:443

Maintenance; Damage and Destruction. Lessee shallmust, at its own expense, at all times keep the leased Equipment in good and efficient working order, condition, and repair repair, and shall must keep and maintain thereon on the Equipment such tags of identification and signs of ownership as Lessor may require and are in place on the leased Equipment when delivered to Lesseerequire. Lessee shall bear bears the risk of damage, theft theft, or destruction of the leased Equipment from every cause. Lessee shall notify Lessor of all damage to the Equipment, repairs needed or replacements needed to the Equipment as soon as noticed by Lessee. Failure of the Lessee to notify Lessor of damage or malfunctions in a timely manner may result in additional damage, for which Lessee shall assume all responsibility for repair or replacement costs. Lessor shall and must make all replacements, repairs repairs, or substitutions substitution of parts or equipment thereon Equipment at Lessee’s sole expense if, and only if, Lessee timely reports damage or malfunctionsits expense, all of which shall will constitute an accession to the leased Equipment, and title of the Equipment with title thereto vesting and remaining will vest in Lessor. At Should the Equipment be damaged by any reason and be capable of repair, Lessor may repair the same at Lessee’s expense, or at Lessor’s option, Lessee may must repair any damage or destruction to the leased Equipment same at Lessee’s expenseexpense to Lessor’s specifications, as quickly as circumstances permit. However, any such repairs made Lessee will be responsible for all damages caused by moisture or water intrusion not reported promptly to Lessor for correction and repair. Lessee shall be made strictly to the specifications and requirements will not move Equipment without written permission of Lessor. Repairs will be made at full Upon the total loss of any or all the Equipment, to such an extent as to make the repair or replacement cost as of the Equipment uneconomical in Lessor’s sole opinion, Lessor may declare the Equipment a “Total Loss.” Upon a Total Loss of the Equipment, Lessee must pay Lessor on the next day for the loss payment of rent: the rent then due, plus the full replacement value of the Equipment had a Total Loss not occurred, less all insurance proceeds actually paid or damage is incurred. Provided assigned to Lessor from the following items are not damaged insurance maintained by Lessee, or while in the Lessee’s possession, or damaged through Lessee’s failure to properly maintain the leased Equipmentplus all applicable taxes and fees and transfer taxes (together, the following repairs “Total Loss Amounts”). Upon Xxxxxx’s receipt of the Total Loss Amount, Xxxxxx’s lease obligations will be made only by Lessor or it’s agents; HVAC system, electrical system, plumbing system, roof or window leaks. Lessee shall change air conditioner filters at least every three (3) monthsterminate, and more often as required Lessor will transfer available ownership documents, if any, to Lessee, unless Xxxxxx agrees in dusty areas. Pads shall be used under all roller chairs on both tile and carpet floors. Lessee shall be liable writing to Lessor for any and all damage to the leased Equipment resulting from the failure to use such a chair pad. For all equipment with plumbing, the operating water pressure range shall be 45-60 lbs. Lessee shall be liable to Lessor for any failure of, or damage to, plumbing systems due to inadequate water pressure or water pressure over 60 lbs. Water pressure regulators shall be used on all water supply lines to ensure proper water pressure. Any water source must be clean and flushed prior to connecting to the leased Equipment. Failure to do so could result in malfunction dispose of the toilet Equipment and other plumbing equipment which can lead to flooding. Lessee shall be liable to Lessor for any damages resulting from unclean or contaminated water supply which causes damage to any portion of the leased Equipment. Electrical connections “Hookups” must be completed by a licensed at Xxxxxx’s sole cost and certified electrical contractor hired by Lessee. Failure to provide a proper supply of electricity or electrical connections could result in damage to the HVAC unit, light ballasts, wiring and electrical system, and other property and could cause fire, injury or death of persons. Lessee assumes all responsibility for insuring proper electrical hookups regarding the leased Equipmentexpense.

Appears in 1 contract

Samples: cdn.satelliteco.com

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Maintenance; Damage and Destruction. Lessee shall, at its own expense, at all times keep the leased Equipment in good and efficient working order, condition, and repair and shall keep and maintain thereon such tags of identification and signs of ownership as Lessor may require and are in place on the leased Equipment when delivered to Lessee. Lessee shall bear the risk of damage, theft or destruction of the leased Equipment from every cause. Lessee shall notify Lessor of all damage to the Equipment, repairs needed or replacements needed to the Equipment as soon as noticed by Lessee. Failure of the Lessee to notify Lessor of damage or malfunctions in a timely manner may result in additional damage, for which Lessee shall assume all responsibility for repair or replacement costs. Lessor shall make all replacements, repairs or substitutions of parts or equipment thereon at Lessee’s sole expense if, and only if, Lessee timely reports damage or malfunctions, all of which shall constitute an accession to the leased Equipment with title thereto vesting and remaining in Lessor. At Lessor’s option, Lessee may repair any damage or destruction to the leased Equipment at Lessee’s expense. However, any such repairs made by Lessee shall be made strictly to the specifications and requirements of Lessor. Repairs will be made at full repair or replacement cost as of the day the loss or damage is incurred. Provided the following items are not damaged by Lessee, or while in the Lessee’s possession, or damaged through Lessee’s failure to faixxxx xo properly maintain the leased Equipment, the following repairs will be made only by Lessor or it’s agents; HVAC system, electrical system, plumbing system, roof or window leaks. Lessee shall change air conditioner filters at least every three (3) months, and more often as required in dusty areas. Pads shall be used under all roller chairs on both tile and carpet floors. Lessee shall be liable to Lessor for any and all damage to the leased Equipment resulting from the failure to use such a chair pad. For all equipment with plumbing, the operating water pressure range shall be 45-60 lbs. Lessee shall be liable to Lessor for any failure of, or damage to, plumbing systems due to inadequate water pressure or water pressure over 60 lbs. Water pressure regulators shall be used on all water supply lines to ensure proper water pressure. Any water source must be clean and flushed prior to connecting to the leased Equipment. Failure to do so could result in malfunction of the toilet and other plumbing equipment which can lead to flooding. Lessee shall be liable to Lessor for any damages resulting from unclean or contaminated water supply which causes damage to any portion of the leased Equipment. Electrical connections “Hookups” must be completed by a licensed and certified electrical contractor hired by Lessee. Failure to Faixxxx xo provide a proper supply of electricity or electrical connections could result in damage to the HVAC unit, light ballasts, wiring and electrical system, and other property and could cause fire, injury or death of persons. Lessee assumes all responsibility for insuring proper electrical hookups regarding the leased Equipment.

Appears in 1 contract

Samples: www.apitrailers.com

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