Common use of Return Provisions Clause in Contracts

Return Provisions. In addition to the provisions provided for in Section XI of the Lease, and provided that Lessee has elected not to exercise its option to purchase the Equipment Lessee shall, at its expense: (a) Upon the request of Lessor, Lessee shall no later than ninety (90) days prior to the expiration or other termination of the Lease provide: (i) a detailed inventory of the Equipment (including the model and serial number of each major component thereof), including, without limitation, all internal circuit boards, module boards, and software features; (ii) a complete and current set of all manuals, equipment configuration diagrams, maintenance records and other data that may be reasonably requested by Lessor concerning the configuration and operation of the Equipment; and (iii) a certification of the manufacturer or of a maintenance provider acceptable to Lessor that the Equipment (1) has been tested and is operating in accordance with manufacturers specifications (together with a report detailing the conditions of the Equipment), the results of such test(s) and inspection(s) and all repairs that were performed as a result of such test(s) and inspection(s) and (2) qualifies for the manufacturers used equipment maintenance program. (b) Upon the request of Lessor, Lessee shall, no later than sixty (60) days prior to the expiration or other termination of the Lease, make the Equipment available for on-site operational inspection by persons designated by the Lessor who shall be duly qualified to inspect the Equipment in its operational environment. (c) All Equipment shall be cleaned and tested with respect to rust, corrosion and appearance in accordance with manufacturers recommendations and consistent with the best practices of dealers in used equipment similar to the Equipment; shall have no Lessee installed markings or labels which are not necessary for the operation, maintenance or repair of the Equipment; and shall be in compliance with all applicable governmental laws, rules and regulations. (d) Provide for the deinstallation, packing, transporting, and certifying of the Equipment to include, but not limited to, the following: (i) the manufacturer's representative shall de-install all Equipment (including all wire, cable and mounting hardware) in accordance with the specifications of the manufacturer; (ii) each item of Equipment will be returned with a certificate supplied by the manufacturer's representative qualifying the Equipment to be in good condition and (where applicable) to be eligible for the manufacturer's maintenance plan; the certificate of eligibility shall be transferable to another operator of the Equipment; (iii) the Equipment shall be packed properly and in accordance to the manufacturer's recommendations;

Return Provisions. In addition to the provisions provided for in of Section XI X ("Return of the LeaseEquipment") of this lease, and provided that Lessee has elected not to exercise its option to purchase the Equipment Lessee shall, at its expense: : Provide to Lessor at least two hundred forty (a) Upon the request of Lessor, Lessee shall no later than ninety (90240) days prior to the expiration or other lease termination of the Lease provide: (i) a detailed inventory of all components of the Equipment with consideration to the conditions set forth in Section VII (including "Service") of the Lease. The inventory should include but not be limited to: (1) a detailed listing of all items of the Equipment by both the model and serial number of each major component thereof), including, without limitation, for all internal circuit boards, module boards, and software features; (ii) a complete and current set of all manuals, equipment configuration diagrams, maintenance records and other data that may be reasonably requested by Lessor concerning the configuration and operation of the Equipment; and (iii) a certification of the manufacturer or of a maintenance provider acceptable to Lessor components comprising this Lease Agreement. Ensure that the Equipment is returned to lessor as follows: (1) has been tested all operating and is operating in accordance with manufacturers specifications (together with a report detailing application specific software used to control the conditions of machine will be updated to the Equipment), most current release available from the results of such test(s) and inspection(s) and all repairs that were performed as a result of such test(s) and inspection(s) and manufacturer; (2) qualifies all batteries for control memories must be fully charged; (3) any tooling and/or grinding wheels returned to Lessor at lease termination should be identical those on the manufacturers used equipment maintenance program. original invoice; At least one hundred eighty (b) Upon the request of Lessor, Lessee shall, no later than sixty (60180) days prior to the expiration or other termination of the Leaselease termination: (1) and upon receiving reasonable notice by Lessor, make the Equipment available for on-site operational inspection inspections (where applicable) by potential purchasers; (2) cause the Manufacturer(s), or other persons designated expressly authorized by the Lessor who shall be duly qualified Manufacturer and/or Lessor, to inspect inspect, examine and test all material and workmanship to ensure the Equipment in its operational environment. is operating within the manufacturer's specifications; (c3) All Equipment shall be cleaned provide to Lessor a written report from the authorized inspector detailing said inspection and tested with respect to rust, corrosion and appearance in accordance with manufacturers recommendations and consistent with the best practices of dealers in used equipment similar to the Equipment; shall have no Lessee installed markings or labels which are not necessary for the operation, maintenance or repair condition of the Equipment; (4) if during such inspection, examination and test, the authorized inspector finds any of the material or workmanship to be defective or the equipment not operating within the manufacturer's specifications, then Lessee shall be in compliance with repair or replace such defective material and, after corrective measures are completed Lessee will provide for another inspection of the equipment by the authorized inspector as outlined above. At least one hundred twenty (120) days prior to lease termination and upon request by Lessor provide, or cause the Vendor(s) to provide to Lessor, the following documents: (1) one set of service and operating manuals including replacements and/or additions hereto, such that all applicable governmental lawsdocumentation is completely up to date; (2) one set of documents detailing equipment configuration , rules operating requirements, maintenance records, and regulations. (d) other technical data concerning the set-up and operation of the Equipment including replacements and additions thereto, such that all documentation is completely up to date. Provide for the deinstallation, packing, transporting, packing and certifying transporting of the Equipment to include, but not limited to, to the following: : (i1) the manufacturer's representative shall de-install all Equipment (including all wire, cable and mounting hardware); (2) all process fluids shall be removed from the Equipment and disposed of in accordance with then current waste disposal laws and regulations including regulations specified by the EPA and related government agencies; (3) dismantling and handling is to be done per the original manufacturer's specifications or normal industry accepted practices for new machines must be followed. Any special transportation devices such as metal skids, lifting slings, brackets, etc., which were with the machine when it originally arrived must be used; (4) all keys belonging to the Equipment are to be wired together and secured to a major component of the manufacturermachine; (ii5) each item Lessee shall transport the Equipment in a manner consistent with the manufacturer's recommendations and practices. Obtain and pay for a policy of transit insurance for the delivery period in an amount equal to the replacement value of the Equipment with the Lessor named as loss payee on all such policies of insurance, and provide transportation to not more than 2 locations in the continental United States, Canada and Mexico, as selected by Lessor. Provide safe, secure storage for the Equipment for a period of up to one hundred eighty (180) days after expiration or early termination of the Lease at an accessible location satisfactory to Lessor. Provide that all Equipment will be returned with cleaned and cosmetically acceptable (free from all Lessee installed markings), and in such condition so that it may be immediately installed and placed into use in a certificate supplied by the manufacturer's representative qualifying similar operating environment. Ensure all Equipment and equipment operations conform to all applicable local, state, Environmental Protection Agency ("EPA"), and federal laws, health and safety guidelines. Upon lease termination, all of the Equipment to be free of any hazardous or toxic materials, or any materials which may be regulated under any and all applicable environmental laws, rules or regulations ("Hazardous Substances"). Without limiting the generality of the foregoing, Lessee represents, warrants and covenants that none of the Equipment will be contaminated with Hazardous Substances in good the form of polychlorinated biphenyls ("PCBs") in surface concentrations greater than 10µg/100cm², and none of the Equipment shall contain fluids having concentrations of Hazardous Substances in the form of PCBs in excess of 1 part per million. ▇▇▇▇▇▇ agrees to furnish to Lessor documentary evidence confirming such condition prepared by a qualified testing laboratory satisfactory to Lessor. Be responsible for the cost of all repairs, alterations, inspections, appraisals, storage charges, insurance costs, demonstration costs, and (where applicable) other related costs necessary to place the Equipment in such condition as to be eligible in complete compliance with this Lease. ▇▇▇▇▇▇ has the right to attempt resale of the Equipment from ▇▇▇▇▇▇'s plant with the Lessee's full cooperation and assistance, for a period of one hundred eighty (180) days from Lease expiration. During this period, the equipment must remain operational with the necessary electrical power, lighting, heat, water, lubricating fluids, air pollution controls and compressed air necessary to maintain and demonstrate the equipment to any potential buyer. Lessor also has the right to conduct an on sight public auction for the manufacturerpurpose of selling the equipment. While the equipment is located at the Lessee’s facility, the lessor will not be charged any storage fees for a period of one hundred eighty (180) days. The Lessor at his sole discretion may, from time to time, inspect the Equipment at the Lessor's maintenance plan; sole expense. If any discrepancies are found as they pertain to the certificate of eligibility shall be transferable to another operator general condition of the Equipment; (iii) , the Equipment shall be packed properly and in accordance Lessor will communicate these discrepancies to the manufacturer's recommendations;Lessee in writing. The Lessee shall have thirty (30) days to rectify these discrepancies at his sole expense. The Lessee should pay all expenses for the re-inspection by the Lessor appointed expert, if corrective measures are required.