Selection and Acceptance Sample Clauses

Selection and Acceptance. Lessee has either (i) entered into a contract with -------------------------- a manufacturer or supplier to purchase the Leased Items, in which event the execution hereof by Lessee shall constitute an assignment by Lessee to Lessor of Lessee's rights under such purchase contract, Lessee agreeing to execute any other documents of assignment as may reasonably be required by such manufacturer, supplier or by Lessor, or (ii) selected the Leased Items and hereby requests Lessor to purchase the same from a manufacturer or supplier and arrange for delivery at Lessee's expense, or (iii) selected the Leased Items from used equipment available through the Lessor. Lessee has reviewed and approved the terms of any purchase, licensing or maintenance agreement with the manufacturer and/or vendor of the Equipment covering the Equipment. In no event shall Lessor be responsible for delays of the manufacturer, supplier or transporter. Lessee acknowledges, warrants and represents that: (i) it has made the selection of each Leased Item based on its own judgement and expressly disclaims any reliance upon statements made by Lessor, (ii) Lessee understands and agrees that neither the manufacturer, the vendor, nor any salesman or other agent of the manufacturer or vendor is an agent of Lessor, and that no representation as to the Equipment or any other matter by the manufacturer, the vendor, or any salesman or other agent of the manufacturer or the vendor, shall in any way affect Lessee's duty to pay Rent and to perform its other obligations hereunder, and (iii) as of the Acceptance Date as between Lessee and Lessor, a Certificate of Acceptance with respect to each Leased Item ("Certificate of Acceptance") which shall be conclusive evidence of the foregoing. If after ten (10) days of delivery of the Equipment, Lessee fails to deliver either such Certificate of Acceptance or a written notification of any defects in the Equipment, the Equipment shall be conclusively presumed to be accepted by Lessee as of the delivery date, and such date shall be the Acceptance Date. Lessee hereby authorizes Lessor to complete the Equipment serial numbers and Acceptance Date on Lessee's behalf on any Supplementary Schedule which is returned by Lessee without such information.
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Selection and Acceptance. Lessee has either (i) entered into a contract with a manufacturer or supplier to purchase the Leased Items, in which event the execution hereof by Lessee shall constitute an assignment by Lessee to Lessor of Lessee's rights under such purchase contract, Lessee agreeing to execute any other documents of assignment as may reasonably be required by such manufacturer, supplier or by Lessor, or (ii) selected the Leased Items and hereby requests Lessor to purchase the same from a manufacturer or supplier and arrange for delivery at Lessee's expense, or (iii) selected the Leased Items from used equipment available through the Lessor. Lessee has reviewed and approved the terms of any purchase, licensing or maintenance agreement with the manufacturer and/or vendor of the Equipment covering the Equipment. In no event shall Lessor be responsible for delays of the manufacturer, supplier or transporter. Lessee acknowledges, warrants

Related to Selection and Acceptance

  • Inspection and Acceptance a. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.

  • Appointment and Acceptance The Trust hereby appoints the Distributor as a distributor of shares of beneficial interest in the Trust (the “shares”) which may from time to time be registered under the 1933 Act and as servicing agent of shareholders and shareholder accounts of the Trust, and the Distributor hereby accepts such appointment in accordance with the terms and conditions set forth herein. As the Trust’s agent, the Distributor shall, except to the extent provided in Section 4 hereof, be the exclusive distributor for the unsold portion of the shares.

  • Assignment and Acceptance The parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Acceptance, together with a processing and recordation fee of $3,500, and the assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire.

  • Appointment of and Acceptance by NCPS Issuer and Broker hereby appoint NCPS to serve as Escrow Agent hereunder, and NCPS hereby accepts such appointment in accordance with the terms of this Escrow Agreement.

  • Assignment and Acceptance; Notes The parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption, together with a processing and recordation fee of $4,500 ($7,500 for any Defaulting Lender) for each assignment (which fee the Administrative Agent may, in its sole discretion, elect to waive), and the assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire. If requested by the transferor Lender or the assignee, upon the consummation of any assignment, the transferor Lender, the Administrative Agent and the Borrower shall make appropriate arrangements so that new Notes are issued to the assignee and such transferor Lender, as appropriate.

  • Employment and Acceptance During the Term (as defined in Section 1.2), the Company shall employ the Executive, and the Executive shall accept such employment and serve the Company, in each case, subject to the terms and conditions of this Agreement.

  • Delivery and Acceptance 4.1 Developer shall submit to Publisher a Version of the Product at each Milestone for approval. Publisher shall (acting reasonably) review the submission for compliance with the relevant parts of the Specification at that Milestone and for Publisher’s continued awareness as to the Product status.

  • Offer and Acceptance This writing is an offer by us to you which shall remain open for ten (10) days from the date first above written, but after ten (10) days from said date your acceptance hereof shall be deemed a counteroffer to us which we can accept or reject. Upon your acceptance hereof or our acceptance of your counteroffer, then this Agreement shall constitute the sole agreement between us concerning our purchase of your accounts effective as of the date first above written and shall supersede all prior agreements between us on the subject hereof. Your acceptance hereof shall be made by your execution and delivery of this Agreement to us at our office in Los Angeles, California, and our acceptance or rejection of your counteroffer will be made at our office in Los Angeles, California.

  • Appointment of and Acceptance by Escrow Agent The Investor(s) and the Company hereby appoint Escrow Agent to serve as Escrow Agent hereunder. Escrow Agent hereby accepts such appointment and, upon receipt by wire transfer of the Escrow Funds in accordance with Section 3 below, agrees to hold, invest and disburse the Escrow Funds in accordance with this Agreement.

  • Deemed Acceptance You are required to accept the terms and conditions set forth in this Agreement prior to the first vest date in order for you to receive the Award granted to you hereunder. If you wish to decline this Award, you must reject this Agreement prior to the first vest date. For your benefit, if you have not rejected the Agreement prior to the first vest date, you will be deemed to have automatically accepted this Award and all the terms and conditions set forth in this Agreement. Deemed acceptance will allow the shares to be released to you in a timely manner and once released, you waive any right to assert that you have not accepted the terms hereof.

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