Substituted Item definition
Examples of Substituted Item in a sentence
Lessor shall not be required to make and may specifically disclaim any representation or warranty as to the condition of such Substituted Item and other matters (except that Lessor shall warrant that it has conveyed whatever interest it received in the Substituted Item free and clear of any liens or encumbrances created by, through or under Lessor).
Lessor shall execute and deliver to Lessee such Uniform Commercial Code Statements of Termination as reasonably may be required in order to terminate any interest of Lessor in and to the Substituted Item.
Provided that no Material Lease Default shall have occurred and be continuing, at Lessee's expense, Lessee may at any time substitute a comparable Item of the Equipment for any Item (a "Substituted Item") in accordance with the terms of this Section.
Lessor shall have no right to enforce or modify this Agreement; provided, however, that Lessor may enforce this Agreement solely to the extent necessary to collect any Excepted Payments but may not exercise any remedies with respect to any Lease Collateral, Parts, Equipment, New Equipment, Replacement Equipment, Used Equipment, Substituted Item or Additional Collateral.
If Lessee shall elect to substitute an Item of the Equipment pursuant hereto, Lessee shall, at its sole cost and expense, convey to Lessor a comparable item of equipment (a "Replacement Item"), free and clear of all liens other than Permitted Liens, that has at least the value, utility and remaining useful life and is in as good operating condition as the Substituted Item, assuming that the Substituted Item had been maintained in accordance with this Agreement.
Upon compliance by Lessee with the provisions hereof, Lessor will transfer to Lessee, on an AS IS, WHERE IS BASIS, without recourse or warranty, express or implied, of any kind whatsoever (“AS IS BASIS”), all of Lessor’s interest in and to the Substituted Item.
Upon compliance by Lessee with the terms of the two (2) preceding sentences, Lessor will transfer to Lessee, on an AS IS BASIS (as hereinafter defined) all of Lessor's interest in and to in such Substituted Item.
At Lessee’s expense, Lessor shall deliver to Lessee such Uniform Commercial Code Financing Statement Amendment Terminations as reasonably may be required in order to terminate any interest of Lessor in and to such Substituted Item.
Lessor shall not be required to make and may specifically disclaim any representation or warranty as to the condition of the Substituted Item and any other matters (except that Lessor shall warrant that it conveyed whatever interest it received in such Substituted Item free and clear of any Lessor’s Lien).
Lessee will be subrogated to all claims of Lessor, if any, against third parties to the extent the same relate to physical damage to or loss of such Substituted Item, and such Substituted Item shall no longer be subject to this Agreement.