Selection of Equipment. The Equipment is the size, design, capacity and manufacture selected by Lessee in its sole judgment and not in reliance on the advice or representations of Lessor. No representation by the manufacturer or a vendor shall in any way affect Lessee’s duty to pay Rent and perform its other obligations hereunder. Each Schedule is intended to be a “finance lease” as defined in Article 2A of the Uniform Commercial Code. Lessor has acquired or will acquire the Equipment in connection with this MLA. Lessor shall not be liable for damages for any reason, for any act or omission of the supplying manufacturer. Lessor agrees, to the extent they are assignable, to assign the Lessee, without recourse to Lessor, any warranties provided to Lessor with respect to the Equipment during the Term of the applicable Schedule. Lessee acknowledges that neither its dissatisfaction with any unit of Equipment, nor the failure of any of the Equipment to remain in useful condition for the Schedule Term, nor the loss of possession or the right of possession of the Equipment or any part thereof by the Lessee, shall relieve Lessee from the obligations under this MLA or Schedule Term. Lessee shall have no right, title or interest in or to the Equipment except the right to use the same upon the terms and conditions herein contained. The Equipment shall remain the sole and exclusive personal property of the Lessor and not be deemed a fixture whether or not it becomes attached to any real property of the Lessee. Any labels supplied by Lessor to Lessee, describing the ownership of the Equipment, shall be affixed by Lessee upon a prominent place on each item of Equipment.
Selection of Equipment. The Lessee may use some or all of the Equipment. Prior to removal of such Equipment from the Storage Site, the Lessee and the Corporation shall designate on Schedule “A” which Equipment is to be removed by the Lessee from the Storage Site. The execution of Schedule “A” by the Lessee shall be deemed to be an acknowledgement by the Lessee of all of the provisions set forth therein including the equipment which has been removed by the Lessee from the Storage Site.
Selection of Equipment. Lessee acknowledges that it has selected the type, quantity and supplier of the Equipment referred to herein and that it has requested Lessor to purchase the same for leasing to Lessee. Lessee agrees that the Equipment and each part or unit thereof is of a design, size, quality and capacity required by Lessee and is suitable for its purposes. Lessee acknowledges that Lessor has informed or advised Lessee, in writing either previously or by this Lease, of the following: (i) the identity of the supplier; (ii) that the Lessee may have rights under the Supply Contract; and (iii) that the Lessee may contact the supplier for a description of any such rights Lessee may have under the Supply Contract. Lessor hereby assigns to Lessee all rights which Lessor has or may acquire against any manufacturer, supplier, or contractor with respect to any warranty or representation relating to the Equipment leased hereunder.
Selection of Equipment. Lessee will select type, quantity and supplier of each item of Equipment designated in the appropriate Schedule(s), and in reliance thereon, Lessor will order such Equipment from such supplier or accept an assignment of any existing purchase order. Lessor will have no liability for any delivery or failure by the supplier to full the purchase order or to meet and of the conditions contained therein. Lessee acknowledges that Lessor has not participated and will not participate in any way in Lessee's selection of the Equipment or of the supplier and that Lessor has not manufactured or supplied to the Equipment.
Selection of Equipment. Lessee acknowledges that Lessor did not participate in the selection, manufacture or supply of the Equipment and that Lessee has made the selection of the Equipment and the supplier of such Equipment based upon its own judgment. Lessee agrees to inspect the Equipment and to execute the "Certificate of Acceptance," which is attached hereto, only after the Lessee is satisfied that the Equipment is satisfactory in every respect. Lessee hereby authorizes Lessor to insert in the Lease any equipment serial numbers and other identification data relating to the Equipment as needed.
Selection of Equipment. The Equipment and the Contractor have been selected by Lessee, and Lessor shall have no responsibility in connection with the selection of the Equipment, its suitability for the use intended by Lessee, the acceptance by the Contractor or its sales representative of the order submitted, or any delay or failure by the Contractor or its sales representative to manufacture, deliver or install the Equipment for use by Lessee. Lessee authorized Lessor to add the serial number of the Equipment to Exhibit A when available.
Selection of Equipment. NO WARRANTIES BY LESSOR AS TO MERCHANTABILITY OR FITNESS. LESSEE ACKNOWLEDGES THAT IT HAS SELECTED THE TYPE, QUANTITY AND SUPPLIER OF THE EQUIPMENT THAT IT HAS REQUESTED LESSOR TO PURCHASE FOR LEASING TO LESSEE. LESSEE AGREES THAT THE EQUIPMENT AND EACH PART OR UNIT THEREOF IS OF A DESIGN, SIZE, QUALITY AND CAPACITY REQUIRED BY LESSEE AND IS SUITABLE FOR ITS PURPOSES. LESSEE FURTHER AGREES THAT LESSOR HAS NOT MADE AND DOES NOT HEREBY MAKE ANY REPRESENTATION, WARRANTY OR COVENANT, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE; AND LESSOR DOES HEREBY SPECIFICALLY DISCLAIM ANY WARRANTY EXPRESS OR IMPLIED OF MERCHANTABILITY OR FITNESS, OR WITH RESPECT TO THE CONDITION, QUALITY, DURABILITY, CAPABILITY OR SUITABILITY OF EQUIPMENT OR AGAINST ANY PATENT OR LATENT DEFECTS THEREIN OR THE ABSENCE OF INFRINGEMENT UPON ANY PATENTS, COPYRIGHTS, TRADEMARKS, LICENSES, OR OTHER INTELLECTUAL PROPERTY RIGHTS. LESSEE SPECIFICALLY WAIVES ANY CLAIM AGAINST LESSOR FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR THE INADEQUACY THEREOF FOR ANY PURPOSE OR FOR ANY DEFICIENCY OR DEFECT THEREIN, OR FOR ANY REPAIRS, SERVICING OR ADJUSTMENTS THERETO, OR ANY LOSS OF BUSINESS, CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGE WHATSOEVER OR HOWSOEVER CAUSED. LESSEE FURTHER AGREES TO ACCEPT DELIVERY OF THE EQUIPMENT AND THAT THE VALIDITY OF THIS MASTER LEASE AND ANY RELATED LEASE SHALL NOT BE AFFECTED BY ANY DELAY IN SHIPMENT BY THE SUPPLIER. NO DEFECT OF THE EQUIPMENT SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR THE PERFORMANCE OF OTHER TERMS OF THIS MASTER LEASE AND ANY RELATED LEASE. LESSEE HEREBY AUTHORIZES LESSOR TO ADD TO THE LEASE THE SERIAL NUMBER OF EACH ITEM OF EQUIPMENT DELIVERED, THE DATE OF SHIPMENT AND OTHER MATERIAL INFORMATION. LESSEE WAIVES ANY AND ALL RIGHTS AND REMEDIES CONFERRED UPON IT AGAINST LESSOR BY SECTIONS 508 THROUGH AND INCLUDING 522 OF ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE OR COMPARABLE PROVISIONS OF APPLICABLE LAW.
Selection of Equipment. A. Based upon information provided by Participant in response to a questionnaire and email, the Foundation shall rebate 25% of the cost and installation on the Vehicle of idle/fuel reduction equipment (“the Equipment”)
Selection of Equipment. ACCEPTANCE Lessee will select the type, quantity, and supplier of each item of Equipment designated in the appropriate Schedule, and in reliance thereon such Equipment will then be ordered by Lessor from such supplier or Lessor will accept an assignment of any existing purchase order therefore. Lessor will have no liability for any delivery or failure by the supplier to fill the purchase order or to meet the conditions thereof. Lessee acknowledges that Lessor has not participated and will not participate in any way in Lessee's selection of the Equipment or the supplier. Within sixty (60) days from date of shipment of the Equipment, Lessee agrees to inspect the Equipment and to execute an Acknowledgment and Acceptance of Equipment by Lessee notice, as provided by Lessor, after the Equipment has been delivered and after Lessee is satisfied that the Equipment is satisfactory in every respect. In the event that Lessee fails to execute an Acknowledgment and Acceptance of Equipment within such sixty (60) day period or fails to notify Lessor in writing that the Equipment is not acceptable, Lessee shall be deemed to have irrevocably accepted the Equipment. This Lease and all Schedules are non-cancelable and Lessee agrees to pay the total rent for the term indicated in each Schedule, plus any other sums provided for herein. Lessee hereby authorizes Lessor to insert in this Lease and Schedules serial numbers or other identifying data with respect to the Equipment.
Selection of Equipment. Lessee has requested equipment of the type and quantity specified above and has selected the supplier named above. Xxxxxx agrees to order such equipment from said supplier, but shall not be liable for specific performance of this lease or for damages if for any reason the supplier delays or fails to fill the order. Lessee shall accept such equipment if delivered in good repair, and hereby authorizes lessor to add to this lease the serial number of each item of equipment so delivered. Any delay in such delivery shall not affect the validity of this lease. Errors in Estimated Cost As used herein, "actual cost" means the cost to lessor of purchasing and delivering the equipment to lessee, including taxes, transportation charges and other charges. The amount of each rent payment, the pre-paid rent, and the renewal rental initially set forth above are based on the total cost initially set forth above, which is an estimate, and shall each of the adjusted proportionally if the actual cost of the equipment differs from said estimate. Xxxxxx hereby authorizes lessor to correct the figures set forth above when the actual cost is now, and to add to the amount of each rent payment any sales tax that may be imposed on or measured by the rent payments. Warranties Lessor will request the supplier to authorize lessee to enforce in its own name all warranties, agreements or representations, if any, which may be made by the supplier to lessee or lessor, buy lessor it self makes no express or implied warranties as to any matter whatsoever, including, without limitation, the condition of equipment, its merchantability or its fitness for any particular purpose. No defector unfitness of the equipment shall relieve lessee of the obligation to pay renter of any other obligation under this lease. Initial Terms The initial term of this lease commences upon the execution hereof by xxxxxx and ends upon the expiration of the number of months specified above. Rent Lessee agrees to pay during the initial term of this lease to rent equal to the amount of each rental payment as specified above multiplied by the number of such payments as specified above. The prepayment of rent as specified above is due and payable upon signing of this lease. The first regular rental payment is due and payable thirty (30) days from date of the signing of the lease. All rent shall be paid to lessor at its address set forth above, or as otherwise directed by xxxxxx or his assignees in writing. Pre-Paid Rent ...
