OPERATION AND TERMINATION Sample Clauses

OPERATION AND TERMINATION. Lessee shall be solely responsible for the installation, operation, and maintenance of the Equipment, shall keep it in good condition and running order, and shall use and operate the Equipment in compliance with applicable laws. If the Equipment is of the type not normally maintainable by the Lessee, the Lessee, at its expense, shall maintain in full force and effect throughout the Lease term Supplier's standard maintenance contract. Upon return to Lessor, the Equipment must be eligible, without further cost or expense, for immediate continuation of coverage under Supplier's standard maintenance contract. Lessee agrees to keep and use this Equipment only at the business address specified above, to never abandon or move the Equipment from that address and relinquish possession of the Equipment except to Lessors's agent. At the end of the Lease term, Lessee must contact Lessor, who will designate the return location within the continental United States, and Lessee shall, at Lessee's expense, immediately crate, insure and return the Equipment to the designated location in as good a condition as when Lessee received it, excepting only reasonable wear and tear. Until Lessor actually receives the Equipment at the return location, the Lease renews automatically from month to month, and Lessee agrees to continue to make lease payments at the last effective rate under the lease.
Sample 1
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OPERATION AND TERMINATION. Lessee shall be solely responsible for the installation, operation, and maintenance of the Equipment; shall keep it in good condition and running order, and shall use and operate the Equipment in compliance with applicable laws and vendor licenses. If the Equipment is of the type not normally maintainable by the Lessee, the Lessee shall maintain at its own expense throughout the Lease term a maintenance contract acceptable to Lessor. Upon return to Lessor, the Equipment must be eligible, without further cost or expense, for immediate continuation of maintenance coverage. Lessee agrees to keep and use the Equipment only at the business address identified in writing by Lessee to Lessor, to never abandon the Equipment, and to never relinquish possession of the Equipment except to Seller’s agent. At the end of the Lease term, if Lessee exercises no purchase option, Lessee must contact Lessor, who will designate the return location within the continental United States. Lessee shall immediately crate, insure and ship all returned equipment to the designated location at is own expense in the same condition as when received, excepting only reasonable wear and tear. Unless Lessee exercises the purchase option or return option under the Lease with ninety (90) days written notice prior to Lease expiration and, in case of returns, unless Lessor actually receives the Equipment at the return location within ten (10) days of Lease termination, the Lease renews automatically from month to month, and Lessee agrees to make a full monthly lease payment at the last effective rate under the Lease for each holdover month or part thereof until Lessor receives the Equipment. Lessee agrees to accept and pay a separate billing for all damaged and missing Equipment, including any components and peripheral parts.
Sample 1
OPERATION AND TERMINATION. Lessee shall be solely responsible for the installation, operation and maintenance of the Equipment and at its own cost and expense, keep it in good condition and running order, and shall use, operate and maintain the Equipment in compliance with applicable laws and any applicable manufacturer's manuals. The Lessee, at its expense, shall maintain in full force and effect throughout the Lease Term a maintenance contract with a party acceptable to Lessor. Upon return to lessor the Equipment must be eligible, without further cost or expense, for immediate continuation of coverage under Supplier's standard maintenance contract. Lessee agrees to keep and use the Equipment only at the business address specified in the applicable Lease Schedule, to never abandon or move the Equipment from that address, nor relinquish possession of the Equipment except to Lessor. Lessee shall give Lessor one hundred twenty (120) days written notice prior to the expiration of the Lease Term, and sixty (60) days written notice prior to expiration of any renewal term of the return of the Equipment and Lessor will designate the return location within the continental United States. At the end of the Lease Term Lessee shall, at Lessee's expense, immediately crate, insure and return the Equipment to the designated location in as good a condition as when Lessee received it, excepting only reasonable wear and tear and in the condition reflecting Lessee's full compliance with the terms and conditions of this section. If Lessee fails to give notice or fails to return the Equipment, the Lease shall automatically renew on a month to month basis for a period not to exceed twelve (12) months. The extension period may be terminated by either party by giving thirty (30) days prior written notice. Upon such termination or at the end of the twelfth month of the extension, Lessee shall return the Equipment as provided above. Until the Equipment is returned to Lessor, Lessee shall continue to pay rent in an amount equal to the monthly average rent during the Lease Term, on the same due date set forth in the Lease.
Sample 1
OPERATION AND TERMINATION. (a) The Lessee shall be solely responsible for the installation, operation, and maintenance of the Equipment, shall cause it to be kept in good condition and running order, and shall cause the Equipment to be used and operated only in compliance with applicable laws. The Lessee shall pay all installation and programming costs and all commissions in connection with and/or with respect to the Equipment.
Sample 1
OPERATION AND TERMINATION. Lessee shall be solely responsible for the operation and day to day handling of the Equipment, shall keep it in good condition and running order and shall use and operate the Equipment in compliance with applicable law. Lessee shall be responsible for securing maintenance service from Lessor or from an independent party as determined by Lessor and shall be responsible for repair and/or replacement costs that may be necessary as a result of improper or negligent use and/or handling of the Equipment or loss the Equipment. Lessor will be responsible for the cost of any upgrade of Equipment, as may be required from time to time by a change in system specifications, and Equipment repair due to mechanical failure. Lessee agrees to keep and use the Equipment only at the Domicile Location specified above ("Equipment Location") and to never relinquish possession of the Equipment except to Lessor's agent. At the end of the Master Lease Term, Lessee must contact Lessor who will designate the return location within the continental United States, and Lessee shall, at Lessee's expense, immediately crate, insure and return the Equipment to the designated location in as good a condition as when Lessee received it, excepting only reasonable wear and tear. Until Lessor actually receives the Equipment at the return location, the Master Lease renews automatically from month to month and Lessee agrees to continue to make lease payments at the last effective rate under the Master Lease. Upon early termination of the Distributor Agreement by Company without cause or by Distributor for cause and upon receipt by Company of all Scheduled Equipment in good repair, this lease shall be terminated at no additional cost to Distributor. Upon early termination of the Distributor Agreement by the Company for cause or by the Distributor without cause, and upon receipt by Company of all Scheduled Equipment in good repair, the Company will use its best efforts to lease all of the Scheduled Equipment under all addenda to current or new Distributors so as to relieve Distributor of further lease schedule payments. If the Distributor requests in writing, early termination of one or more schedules, the Company will use its best efforts to re-lease the equipment as indicated above. The Company makes no promise or guarantee that the aforementioned best efforts will be successful and Distributor unconditionally agrees to continue making scheduled lease payments according to this Master Lease until no...
Sample 1
OPERATION AND TERMINATION. You shall be solely responsible for the installation, operation, and maintenance of the Equipment, shall keep it in good condition and working order, and shall use and operate the Equipment in compliance with applicable laws. If the Equipment is of the type not normally maintained by you, then you, at your expense, shall maintain in full force and effect throughout the term of this Lease Supplier's standard maintenance contract. You agree to keep and use this Equipment only at the address specified above, to never abandon or move the Equipment from that address, nor relinquish possession of the Equipment except to our agent. If you are required to return the Equipment to us for any reason, you shall, at your expense, wipe clean or permanently delete all data contained on the Equipment, including without limitation, any data contained on internal or external drives, discs, or accompanying media, immediately crate, insure and return the Equipment to the designated location in as good a condition as when you received it, excepting only reasonable wear and tear. In the case of any item of Software to be returned to us, you will also deliver to us the original certificate of authenticity issued by the licensor of such Software, if any.
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Related to OPERATION AND TERMINATION

  • Duration and Termination This Agreement shall become effective on July 21, 2015 and shall continue in effect until February 28, 2017, and thereafter, only if such continuance is approved at least annually by a vote of the Board, including the vote of a majority of the directors who are not parties to this Agreement or interested persons of any such party, cast in person, at a meeting called for the purpose of voting such approval. In addition, the question of continuance of this Agreement may be presented to the shareholders of the Portfolio; in such event, such continuance shall be effected only if approved by the affirmative vote of the holders of a majority of the outstanding voting securities of the Portfolio. This Agreement may at any time be terminated without payment of any penalty either by vote of the Board or by vote of the holders of a majority of the outstanding voting securities of the Portfolio, on not more than (60) sixty days’ written notice to the Manager. This Agreement shall automatically terminate in the event of its assignment. This Agreement may be terminated by the Manager after ninety (90) days’ written notice to the Fund. Any notice under this Agreement shall be given in writing, addressed and delivered, or mailed post-paid, to the other party at any office of such party. As used in this Section, the terms “assignment,” “interested persons,” “voting securities,” and a “majority of the outstanding voting securities” shall have the respective meanings set forth in Section 2(a)(4), Section 2(a)(19), Section 2(a)(42) of the 1940 Act and Rule 18f-2 thereunder.

  • Modification and Termination No agreement to modify, amend, extend, supersede, terminate, or discharge this Settlement Agreement, or any portion thereof, is valid or enforceable unless it is in writing and signed by all Parties to this Settlement Agreement.

  • Expiration and Termination This Agreement is for one academic year (August 1, 2018 through July 31, 2019) and will automatically renew for the following academic year unless terminated as indicated below by either party.

  • Dissolution and Termination (a) The Company shall not be dissolved by the admission of Substitute Members or Additional Members. The Company shall dissolve, and its affairs shall be wound up, upon:

  • Duration and Termination of Trust Section 4. Unless terminated as provided herein, the Trust shall continue without limitation of time. Subject to the voting powers of one or more classes or series of Shares as set forth in the Bylaws, the Trust may be terminated at any time (i) by vote or consent of Shareholders holding at least seventy-five percent (75%) of the Shares entitled to vote or (ii) by vote or consent of majority of the entire Board of Trustees and seventy-five percent (75%) of the Continuing Trustees upon written notice to the Shareholders. Any series or class of Shares may be terminated at any time (x) by vote or consent of Shareholders holding at least seventy-five percent (75%) of the Shares of such series of class entitled to vote or (y) by vote or consent of majority of the entire Board of Trustees and seventy-five percent (75%) of the Continuing Trustees upon written notice to the Shareholders of such series or class. For the avoidance of any doubt and notwithstanding anything to the contrary in this Declaration, Shareholders shall have no separate right to vote with respect to the termination of the Trust or a series of class of Shares if the Trustees (including the Continuing Trustees) exercise their right to terminate the Trust or such series or class pursuant to clauses (ii) and (y) of this Section 4. Upon termination of the Trust or of any one or more series or classes of Shares, after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, of the Trust or of the particular series or class, as may be determined by the Trustees, the Trust shall in accordance with such procedures as the Trustees consider appropriate reduce the remaining assets to distributable form in cash or shares or other property, or any combination thereof, and distribute the proceeds to the Shareholders of the series or class(es) involved, ratably according to the number of Shares of such series or class held by the several Shareholders on the date of termination, except to the extent otherwise required or permitted by the preferences and special or relative rights and privileges of any classes or series of Shares.

  • Suspension and Termination Schedule 6 shall have effect.

  • Liquidation and Termination On dissolution of the Company, the Majority Members may appoint one or more Members as liquidator. The liquidators shall proceed diligently to wind up the affairs of the Company and make final distributions as provided herein and in the Act. The costs of liquidation shall be borne as a Company expense. Until final distribution, the liquidators shall continue to operate the Company properties with all of the power and authority of the Members. The steps to be accomplished by the liquidators are as follows:

  • Duration and Termination of Agreement This Agreement shall become effective with respect to each Portfolio on the later of (i) its execution and (ii) the date of the meeting of the Board of Trustees of the Trust, at which meeting this Agreement is approved as described below. The Agreement will continue in effect for a period more than two years from the date of its execution only so long as such continuance is specifically approved at least annually either by the Trustees of the Trust or by a majority of the outstanding voting securities of each of the Portfolios, provided that in either event such continuance shall also be approved by the vote of a majority of the Trustees of the Trust who are not interested persons (as defined in the Investment Company Act) of any party to this Agreement cast in person at a meeting called for the purpose of voting on such approval. Any required shareholder approval of the Agreement or of any continuance of the Agreement shall be effective with respect to any Portfolio if a majority of the outstanding voting securities of the series (as defined in Rule 18f-2(h) under the Investment Company Act) of shares of that Portfolio votes to approve the Agreement or its continuance, notwithstanding that the Agreement or its continuance may not have been approved by a majority of the outstanding voting securities of (a) any other Portfolio affected by the Agreement or (b) all the portfolios of the Trust. If any required shareholder approval of this Agreement or any continuance of the Agreement is not obtained, the Subadviser will continue to act as investment subadviser with respect to such Portfolio pending the required approval of the Agreement or its continuance or of a new contract with the Subadviser or a different adviser or subadviser or other definitive action; provided, that the compensation received by the Subadviser in respect of such Portfolio during such period is in compliance with Rule 15a-4 under the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, by the Trustees of the Trust, by the vote of a majority of the outstanding voting securities of the Trust, or with respect to any Portfolio by the vote of a majority of the outstanding voting securities of such Portfolio, on sixty days' written notice to the Adviser and the Subadviser, or by the Adviser or Subadviser on sixty days' written notice to the Trust and the other party. This Agreement will automatically terminate, without the payment of any penalty, in the event of its assignment (as defined in the Investment Company Act) or in the event the Advisory Agreement between the Adviser and the Trust terminates for any reason.

  • Disposition and Termination The Depositor and the Issuer agree to notify the Escrow Agent in writing of any subscription revocations and the Initial Closing date of the Offering. Additionally, subsequent to an Initial Closing, Depositor and the Issuer agree to notify the Escrow Agent in writing of Subsequent Closing dates, if any, and of the termination of the Offering. Upon receipt of such written notification(s), the following procedures will take place:

  • Term, Duration and Termination This Agreement shall become effective with respect to each Fund as of the date first written above (the "Effective Date") (or, if a particular Fund is not in existence on such date, on the earlier of the date an amendment to Schedule A to this Agreement relating to that Fund is executed or the Distributor begins providing services under this Agreement with respect to such Fund) and, unless sooner terminated as provided herein, shall continue for a two year period following the Effective Date. Thereafter, if not terminated, this Agreement shall continue with respect to a particular Fund automatically for successive one-year terms, provided that such continuance is specifically approved at least annually (a) by the vote of a majority of those members of the Trust's Board of Trustees who are not parties to this Agreement or interested persons of any such party, cast in person at a meeting for the purpose of voting on such approval and (b) by the vote of the Trust's Board of Trustees or the vote of a majority of the outstanding voting securities of such Fund. This Agreement is terminable without penalty with sixty days' prior written notice, by the Trust's Board of Trustees, by vote of a majority of the outstanding voting securities of the Trust, or by the Distributor. This Agreement will also terminate automatically in the event of its assignment. (As used in this Agreement, the terms "majority of the outstanding voting securities," "interested persons" and "

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