Common use of Use of the Equipment Clause in Contracts

Use of the Equipment. Xxxxxx has represented and hereby covenants and affirms that the Equipment is essential to the functioning of Lessee, that Lessee has an immediate need for and expects to make immediate use of the Equipment and that the Equipment will be used only in the performance of one or more of the governmental or proprietary functions of Lessee. Lessee will use, operate and maintain the Equipment only in accordance with methods prescribed by the Vendors and only for the purpose intended by the Vendors. Lessee will not use, operate or maintain the Equipment improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by this Agreement. Lessee shall provide all permits and licenses, if any, necessary for the installation and operation of the Equipment. In addition, Xxxxxx agrees to comply in all respects with all laws, regulations, rules, orders and decrees of the State, and any legislative, executive, administrative or judicial body exercising any power or jurisdiction over Lessee or the operation of the Equipment; provided, however, that Lessee may contest in good faith the validity or application of any such law, regulation, rule, order, or decree if Lessee shall first give prior written notice of any such proposed contest to Lessor and provide any assurances as may be reasonably requested by Lessor that such contest will not adversely affect the interest of Lessor in the Equipment or the rights of Lessor under this Agreement.

Appears in 5 contracts

Samples: Lease and Option to Purchase Agreement, Lease and Option to Purchase Agreement, Lease and Option to Purchase Agreement

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Use of the Equipment. Xxxxxx Lessee has represented and hereby covenants and affirms that the Equipment is essential to the functioning of Lessee, that Lessee has an immediate need for and expects to make immediate use of the Equipment and that the Equipment will be used only in the performance of one or more of the governmental or proprietary functions of Lessee. Lessee will use, operate and maintain the Equipment only in accordance with methods prescribed by the Vendors and only for the purpose intended by the Vendors. Lessee will not use, operate or maintain the Equipment improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by this Agreement. Lessee shall provide all permits and licenses, if any, necessary for the installation and operation of the Equipment. In addition, Xxxxxx Lessee agrees to comply in all respects with all laws, regulations, rules, orders and decrees of the State, and any legislative, executive, administrative or judicial body exercising any power or jurisdiction over Lessee or the operation of the Equipment; provided, however, that Lessee may contest in good faith the validity or application of any such law, regulation, rule, order, or decree if Lessee shall first give prior written notice of any such proposed contest to Lessor and provide any assurances as may be reasonably requested by Lessor that such contest will not adversely affect the interest of Lessor in the Equipment or the rights of Lessor under this Agreement.

Appears in 3 contracts

Samples: Lease and Option to Purchase Agreement, Lease and Option to Purchase Agreement, Lease and Option to Purchase Agreement

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Use of the Equipment. Xxxxxx Lessee has represented and hereby covenants and affirms that the Equipment is essential to the functioning of Lessee, that Lessee has an immediate need for and expects to make immediate use of the Equipment and that the Equipment will be used only in the performance of one or more of the governmental or proprietary functions of Lessee. Lessee will use, operate and maintain the Equipment only in accordance with methods prescribed by the Vendors Vendor and only for the purpose intended by the VendorsVendor. Lessee will not use, operate or maintain the Equipment improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by this Agreement. Lessee shall provide all permits and licenses, if any, necessary for the installation and operation of the Equipment. In addition, Xxxxxx agrees to comply in all respects with all laws, regulations, rules, orders and decrees of the State, and any legislative, executive, administrative or judicial body exercising any power or jurisdiction over Lessee or the operation of the Equipment; provided, however, that Lessee may contest in good faith the validity or application of any such law, regulation, rule, order, or decree if Lessee shall first give prior written notice of any such proposed contest to Lessor and provide any assurances as may be reasonably requested required by Lessor that such contest will not adversely affect the interest of Lessor in the Equipment or the rights of Lessor under this Agreement.

Appears in 1 contract

Samples: Lease and Option to Purchase Agreement

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