USE AND RETURN OF EQUIPMENT Sample Clauses

USE AND RETURN OF EQUIPMENT. XXXXXX, at the request of XXXXXX, has ordered or shall order the Equipment described above from a supplier selected by XXXXXX. LESSOR shall not be liable for specific performance of this Lease or for damages, if, for any reason, supplier fails to accept such order or delays or fails to fill the order. XXXXXX agrees to accept such Equipment and authorizes XXXXXX to add the serial number of the Equipment to this Lease. LESSEE shall keep the Equipment at its place of business as specified above. LESSEE shall give LESSOR immediate notice of any attachment or other judicial process, liens or encumbrances affecting, or attempting to or which may affect the Equipment, and LESSEE shall indemnify and save LESSOR harmless from any loss or damage caused by thereby. LESSEE shall exercise due and proper care in the use, repair and servicing of the Equipment. At LESSOR'S request, LESSEE will permit LESSOR to have access to the Equipment at all reasonable times for the purpose of inspection and examination. Upon the expiration or termination of this Lease, LESSEE at its sole expense shall forthwith pack and return the Equipment to LESSOR at such place as designated by XXXXXX, in the same condition as when received by XXXXXX, reasonable wear and tear excepted. LESSEE represents and warrants that this is a commercial and business lease agreement and is not a consumer transaction, and the Equipment will be used solely for business purposes. LESSEE shall make no alteration to the Equipment without the prior written consent of XXXXXX.
Sample 1
AutoNDA by SimpleDocs
USE AND RETURN OF EQUIPMENT. The LESSEE leases and shall use the Equipment only for its intended purposes and shall exercise due and proper care in the use, repair and servicing of the Equipment and at all times and at its expense shall keep and maintain the Equipment in good working condition, order, and repair. The LESSEE shall make no alteration to the Equipment without the prior written consent of the LESSOR such consent being hereby granted to LESSEE for those alterations specifically designed to enhance or repair the Equipment. LESSEE represents and warrants that the Equipment will be covered and maintained under the best standard full service maintenance agreement offered by the Vendor, provided the Vendor is either the original equipment manufacturer/licensor or an authorized original equipment manufacturer/Licensor maintenance organization, or such other maintenance organization authorized by the original equipment manufacturer/licensor (hereinafter called "Maintenance Provider"), during the full term of the LEASE or any extension thereof. Upon the expiration or termination of the LEASE, LESSEE at its sole expense shall forthwith have the Equipment de-installed and properly prepared for shipment by the Maintenance Provider, insure, warrant eligibility for continued maintenance provider's best standard and most current version full service and maintenance agreement (or, with LESSOR'S written consent, in lieu of such warranty pay to LESSOR an inspection and refurbishment fee equal to ten percent (10%) of the original Equipment cost) and return the Equipment unencumbered to LESSOR, except for the liens created by or through LESSOR or BANKERS (as defined below), at such place designated by LESSOR, in the same condition as when received by LESSEE , ordinary wear and tear excepted. LESSOR reserves the right to approve or designate the carrier and the means of shipment. However, if requested by LESSOR, LESSEE will, prior to shipment, at
Sample 1
USE AND RETURN OF EQUIPMENT. The LESSEE shall exercise due and proper care in the use, repair and servicing of the EQUIPMENT and at all times and at its expense shall keep and maintain the leased property in good working condition, order, and repair. LESSEE may alter and upgrade the EQUIPMENT provided that such alteration or upgrade does not reduce the value or impair the capability of the EQUIPMENT. LESSEE shall have the right to remove any such alteration or upgrade before returning the EQUIPMENT to LESSOR so long as the removal does not damage the EQUIPMENT. LESSEE shall bear all costs associated with the acquisition, installation and removal of any such alteration or upgrade. Upon the expiration or termination of this LEASE, LESSEE at its sole expense shall forthwith properly pack and return the EQUIPMENT to LESSOR, or to such place designated by LESSOR within 30 miles of EQUIPMENT location, in the same condition as when received by LESSXX, xxasonable wear and tear alone excepted. All replacement parts, incorporated in or affixed to the EQUIPMENT after the commencement of this LEASE shall become the property of LESSOR.
Sample 1
USE AND RETURN OF EQUIPMENT. Upon completion or termination of the Study, the Site shall return, materials and all Confidential Information (as defined below) at Sponsor’s sole expense. Any equipment and material shall remain the sole and exclusive property of Sponsor. The Site shall return any equipment or materials provided by Sponsor for use in the Study unless and until Sponsor and Institution have a written agreement for Institution to acquire the equipment.
Sample 1
USE AND RETURN OF EQUIPMENT. During the term of this Agreement, Frisco shall have the right to use and possess the Equipment defined in Exhibit A. Ownership of the Equipment shall at all times be vested in Arlington. Frisco shall have no right, title, or interest in or to the Equipment except the rights expressly set out in this agreement. Frisco shall be solely responsible for transporting the Equipment from Arlington to Frisco. Upon the expiration or termination of this Agreement, Frisco shall return the Equipment to Arlington in the same condition it was in when received by Frisco, normal wear and tear excepted, along with all documentation required to be maintained under Article VII of this Agreement. Frisco shall be solely responsible for transporting the Equipment from Frisco to Arlington and shall coordinate with Arlington to ensure that delivery of the Equipment is made to the appropriate place and time. Any Party performing services or expending funds pursuant to this Agreement shall do so out of their own current revenue available to that Party.
Sample 1

Related to USE AND RETURN OF EQUIPMENT

  • RETURN OF EQUIPMENT (a) At the expiration or termination of this Agreement or any Schedule, Lessee shall perform any testing and repairs required to place the units of Equipment in the same condition and appearance as when received by Lessee (reasonable wear and tear excepted) and in good working order for the original intended purpose of the Equipment. If required the units of Equipment shall be deinstalled, disassembled and crated by an authorized manufacturer's representative or such other service person as is reasonably satisfactory to Lessor. Lessee shall remove installed markings that are not necessary for the operation, maintenance or repair of the Equipment. All Equipment will be cleaned, cosmetically acceptable, and in such condition as to be immediately installed into use in a similar environment for which the Equipment was originally intended to be used. All waste material and fluid must be removed from the Equipment and disposed of in accordance with then current waste disposal laws. Lessee shall return the units of Equipment to a location within the continental United States as Lessor shall direct. Lessee shall obtain and pay for a policy of transit insurance for the redelivery period in an amount equal to the replacement value of the Equipment. The transit insurance must name Lessor as the loss payee. The Lessee shall pay for all costs to comply with this section (a).

  • Personal Property Taxes (a) Lessee shall pay prior to delinquency all taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal property of Lessee contained in the Premises or elsewhere. When possible, Lessee shall cause said trade fixtures, furnishings, equipment and all other personal property to be assessed and billed separately from the real property of Lessor.

  • No Release; Return or Destruction Each Party agrees not to release or disclose, or permit to be released or disclosed, any information addressed in Section 6.9(a) to any other Person, except its Representatives who need to know such information in their capacities as such (who shall be advised of their obligations hereunder with respect to such information), and except in compliance with Section 6.10. Without limiting the foregoing, when any such information is no longer needed for the purposes contemplated by this Agreement or any Ancillary Agreement, and is no longer subject to any legal hold or other document preservation obligation, each Party will promptly after request of the other Party either return to the other Party all such information in a tangible form (including all copies thereof and all notes, extracts or summaries based thereon) or notify the other Party in writing that it has destroyed such information (and such copies thereof and such notes, extracts or summaries based thereon); provided, that the Parties may retain electronic back-up versions of such information maintained on routine computer system backup tapes, disks or other backup storage devices; provided further, that any such information so retained shall remain subject to the confidentiality provisions of this Agreement or any Ancillary Agreement.

  • Cooperation; Return of Property In accordance with Section 10(f) of the Change in Control Agreement Employee agrees to reasonably cooperate with Employer and its counsel in connection with any investigation, administrative proceeding or litigation relating to any matter that occurred during Executive’s employment in which Executive was involved or of which Executive has knowledge and Employer will reimburse the Employee for any reasonable out-of-pocket travel, delivery or similar expenses incurred and lost wages (or will provide reasonable compensation if Executive is not then employed) in providing such service to Employer. The Employee represents the Executive has complied with Section 10(e) of the Change in Control Agreement regarding the return of Employer property and records.

  • Leased Personal Property Other than Personal Property owned by the Company or the Company Subsidiary, the Company or the Company Subsidiary has good and valid leasehold title to all of the tangible personal property Assets used by the Company or the Company Subsidiary, free and clear of any and all Encumbrances other than Permitted Encumbrances which would not permit the termination of the lease therefor by the lessor. Disclosure Schedule 3.9(c) sets forth all Leases for personal property. With respect to each Lease listed on Disclosure Schedule 3.9(c), (i) there has been no breach or default under such Lease by the Company, the Company Subsidiary or by any other party, (ii) the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby will not cause (with or without notice and with or without the passage of time) a default under any such Lease, (iii) such Lease is a valid and binding obligation of the applicable lessor, is in full force and effect and is enforceable by the Company or the Company Subsidiary in accordance with its terms, (iv) no action has been taken by the Company or the Company Subsidiary and no event has occurred which, with notice or lapse of time or both, would permit termination, modification or acceleration by a party thereto other than by the Company or the Company Subsidiary without the consent of the Company or the Company Subsidiary, (v) no party has repudiated any term thereof or threatened to terminate, cancel or not renew any such Lease, and (vi) neither the Company nor the Company Subsidiary has assigned, transferred, conveyed, mortgaged or encumbered any interest therein or in any leased property subject thereto (or any portion thereof).

  • Condition of Equipment Each Grantor will maintain or cause to be maintained and preserved in good condition, repair and working order, ordinary wear and tear excepted, the Equipment (necessary or useful to its business) and will forthwith, or in the case of any loss or damage to any Equipment of any Grantor within a commercially reasonable time after the occurrence thereof, make or cause to be made all repairs, replacements and other improvements in connection therewith which are necessary or desirable, consistent with past practice, or which the Collateral Agent may request to such end. Any Grantor will promptly furnish to the Collateral Agent a statement describing in reasonable detail any such loss or damage in excess of $25,000 per occurrence to any Equipment.

  • Access to Premises and Records Between the date of this Agreement ------------------------------ and the Closing Date, Seller will give Buyer and its counsel, accountants and other representatives full access during normal business hours upon reasonable notice to all the premises and books and records of the Business and to all the Assets and to the System personnel and will furnish to Buyer and such representatives all such documents, financial information, and other information regarding the Business and the Assets as Buyer from time to time reasonably may request; provided that no such investigation will affect or limit the scope of any of Seller's representations, warranties, covenants and indemnities in this Agreement or any Transaction Document or limit liability for any breach of any of the foregoing.

  • Shared-Loss Asset Records and Reports The Assuming Institution shall establish and maintain such records as may be appropriate to account for the Single Family Shared-Loss Loans in such form and detail as the Receiver may reasonably require, and to enable the Assuming Institution to prepare and deliver to the Receiver such reports as the Receiver may from time to time request regarding the Single Family Shared-Loss Loans and the Monthly Certificates required by Section 2.1 of this Single Family Shared-Loss Agreement.

  • Real Estate and Personal Property Taxes A. Except as specifically set forth in Section 4.07.B below, all real estate and personal property taxes, levies, assessments (including special assessments (regardless of when due or whether they are paid as a lump sum or in installments over time) imposed because of facilities that are constructed by or on behalf of the assessing jurisdiction (for example, roads, sidewalks, sewers, culverts, etc.) which directly benefit the Hotel (regardless of whether or not they also benefit other buildings)), “Impact Fees” (regardless of when due or whether they are paid as a lump sum or in installments over time) which are required of Owner as a condition to the issuance of zoning variances or building permits, and similar charges on or relating to the Hotel (collectively, “Impositions”) during the Term shall be paid by Manager from Gross Revenues, before any fine, penalty, or interest is added thereto or lien placed upon the Hotel or upon this Agreement, unless payment thereof is in good faith being contested and enforcement thereof is stayed. Any such payments shall be Deductions in determining Operating Profit. Owner shall, within five (5) days after receipt, furnish Manager with copies of official tax bills and assessments which it may receive with respect to the Hotel. Either Landlord or Owner may, and at Owner’s request Manager shall, initiate proceedings to contest any negotiations or proceedings with respect to any Imposition, and all reasonable costs of any such contest shall be paid from Gross Revenues and shall be a Deduction in determining Operating Profit. Manager shall, as part of its contest or negotiation of any Imposition, be entitled, on Owner’s behalf, to waive any applicable statute of limitations in order to avoid paying the Imposition during the pendency of any proceedings or negotiations with applicable authorities. Notwithstanding anything contained herein to the contrary, at Owner’s option (i) Manager shall establish an escrow account in the name of Owner in a bank or banks designated by Manager with the concurrence of Owner and shall deposit monthly into such account from Gross Revenues an amount that Manager reasonably estimates shall be sufficient to pay the Impositions, in which case Manager shall pay the Impositions from funds in the escrow account as and when the Impositions become due (and Owner shall promptly deposit into the escrow account any deficiency if the estimated monthly payments are not sufficient to pay all of the Impositions) or (ii) the amounts that would otherwise be deposited into such escrow account shall be included in the Operating Profit, not deducted from Gross Revenues and shall be distributed in cash to Owner along with the remainder of the Owner’s Priority. If Owner elects to retain such amounts pursuant to clause (ii) above, Manager shall accrue such amounts as a reserve on the accounting records of the Hotel, and Owner shall fund the same as and when the Impositions become due, but such accrued and unfunded amounts shall be deducted from Gross Revenues for purposes of calculating the Incentive Management Fee. In addition, if any Mortgagee requires the establishment of an escrow account with respect to the Impositions, Manager shall comply with such requirements.

Time is Money Join Law Insider Premium to draft better contracts faster.