Use and Maintenance of Equipment. Lessee shall, at its own expense, maintain the Equipment in good condition and proper working order, and shall make all necessary repairs and replacements to keep the Equipment in such condition. The Equipment will be used by Lessee only for the purpose of performing Lessee’s essential governmental functions. Lessee shall not install, use, operate or maintain the Equipment improperly, carelessly, in violation of any manufacturer’s guidelines or in violation of any applicable law or regulation or in a manner contrary to that contemplated by this Agreement. Lessee shall obtain and maintain all permits and licenses necessary for the installation and operation of the Equipment. Lessee shall have sole responsibility to maintain and repair the Equipment. Lessee shall keep (or in the case of Equipment constituting motor vehicles, house) the Equipment at the address specified in the related Lease Schedule; provided that Lessee may change the location at which any Equipment is kept (or housed) with thirty (30) days prior written notice to Lessor specifying the address of the new location. Lessee shall provide Lessor access at all reasonable times to examine and inspect the Equipment and provide Lessor with such access to the Equipment as may be reasonably necessary to perform maintenance on the Equipment in the event of failure by Lessee to perform its obligations hereunder. If Lessor reasonably determines that Lessee is not maintaining any of the Equipment in accordance with this Section, Lessor may (in addition to any other remedies it may have) require Lessee to enter into maintenance contracts for such Equipment in form approved by Lessor and with approved providers.
Use and Maintenance of Equipment a) You must keep the Equipment in good condition and working order, normal fair wear, and tear excepted.
Use and Maintenance of Equipment a. You must keep the Equipment in good repair, condition and working order, normal fair wear and tear excepted.
Use and Maintenance of Equipment. Buyer warrants Equipment will be operated strictly in accordance with the manufacturer’s and Seller’s instructions and manuals provided to Buyer at time of delivery and standard industry practice, by competent, qualified, and licensed (as applicable) personnel and in strict compliance with all governmental requirements. Buyer shall be responsible for ascertaining that the Equipment is installed and operated in accordance with all code requirements and other applicable laws, rules, regulations and ordinances. Buyer is fully responsible for inspecting the Equipment on a regular basis, regardless if Equipment includes BoilerLink™, and agrees to inform Seller immediately of any known or suspected problems during the Warranty period. Buyer agrees to not make any modifications to the Equipment nor the programs in BoilerLink™ without Seller’s direction and consent during the Warranty period or such acts will void the Limited Equipment Warranty.
Use and Maintenance of Equipment. (a) The Board covenants and agrees that:
Use and Maintenance of Equipment. The Fair Entity shall use the Equipment for the production of energy. The Fair Entity shall not sublet or lend any Equipment or permit it to be used by anyone other than the Fair Entity and its employees. The Fair Entity shall keep the Equipment in good condition and repair.
Use and Maintenance of Equipment. Any and all equipment both inside and out must me maintained in the condition for which it was received less normal & reasonable wear and tear.
Use and Maintenance of Equipment. (a) Company covenants and agrees that: (i) it will use the Equipment only for its originally-intended business purpose as described by Company to Regions in requesting Regions to enter into this Agreement and it will not use the Equipment for consumer, personal, family, farming or household use; (ii) the Equipment will at all times be used, operated, maintained, serviced and repaired under and in compliance with (A) all acts, rules, regulations and orders of any judicial, legislative or regulatory body having power to supervise or regulate the use, operation or maintenance of the Equipment, including license, permits and registration requirements applicable to the Equipment; (B) all instructions, warranty provisions, or operating manuals prepared or released by the Supplier and by any maintenance organization providing maintenance of such Equipment; (C) all requirements of any insurance maintained hereunder; and (D) the prudent practice of other similar companies in the same business as Company, but in any event, to no lesser standard than that employed by Company for comparable equipment owned or leased by it; (iii) the Equipment will be operated only by employees or authorized agents of Company and Company will obtain and make available to all users of the Equipment all safety and operating manuals available from the Supplier of the Equipment; (iv) without Regions’ prior written consent, Company will not move any Item from the location specified in the Schedule for such Item; (v) Company shall obtain Regions’ prior written consent before using the Equipment to ship, store, process, create or use any materials regulated under the Hazardous Materials or Substances Transportation Act, 49 U.S.C. 1801 et seq; the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq, or the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq, as amended by the Superfund Amendments and Reauthorization Act; (vi) without in any way limiting the restrictions contained in Section IV(a)(v) above, Company shall comply with all acts, rules, regulations and orders of any state, federal or local judicial, legislative or regulatory body, including any license, permit or registration requirement relating to environmental protection or remediation; (vii) Company shall not attach or incorporate the Equipment to or in any other item of equipment in such a manner that the Equipment may be deemed to have become an accession to or part of such ot...
Use and Maintenance of Equipment. (a) You must:
Use and Maintenance of Equipment. Lessee at all times shall cause the equipment to be operated strictly in accordance with the manufacturer’s and Lessor’s instructions and manuals and standard industry practice, by competent, qualified, and licensed (as applicable) personnel and in strict compliance with all governmental requirements. Lessee shall keep the equipment in good repair and operating condition, allowing only for reasonable wear and tear. Lessee shall pay all expenses of operating, maintaining and repairing the equipment. In the event that the equipment is stored outdoors, Lessee shall provide adequate protection from the elements. All repairs or alterations shall be made in strict accordance with Lessor’s instructions (as applicable); ASME, National Board, State and City Codes governing fired pressure vessels. Lessee assumes all risks of whatever nature associated with the use and operation of the equipment during the period of the Lease. Lessee shall indemnify Lessor against all claims losses, actions, costs, damages and liabilities of any nature whatsoever, including but not limited to negligence, tort and strict liability, including attorney’s fees, arising out of, relating to, resulting from the Lessee’s use and/or transportation of the equipment, by Lessee during the term of the Lease. The indemnities hereunder shall continue in full force and effect notwithstanding the expiration of the Lease. To the extent Lessor service personnel or technicians provide advice and consultation to Lessee for any matter, including, but not limited to the suitability of the equipment for Lessor’s use and/or the operation of the equipment, it shall be for information only, shall not constitute operation of the equipment, shall not alter Lessee’s obligations hereunder in any way whatsoever, and shall not operate to create Lessor’s liability for direct, indirect, consequential or punitive damages
