Common use of Supply Contract Clause in Contracts

Supply Contract. Customer acknowledges either that (a) Customer has reviewed and approved any written purchase agreement or purchase order covering the Equipment ("Supply Contract") purchased from Supplier, or (b) Lender has informed or advised Customer, in writing, either previously or by the Loan Agreement, of the following: (i) the identity of the Supplier, (ii) that Customer may have rights under the Supply Contract and (iii) that Customer may contact the Supplier for a description of any such rights Customer may have under the Supply Contract. If Customer has entered into a written Supply Contract, then Customer hereby assigns to Lender all of Customer's rights and interests in and to the Equipment and the Supply Contract. If requested by Lender, Customer shall obtain any consent required for such assignment. If Customer has not entered into any such Supply Contract, Customer authorizes Lender to (and Lender may at its option) act on behalf of Customer to obtain a Supply Contract from Supplier. Except for the obligation to pay Supplier for the Equipment, if (and only if) the Equipment is accepted by Customer under the Loan Agreement, such assignment shall not include any of Customer's obligations under such Supply Contract and Customer shall at all times remain liable to perform all of its duties and obligations under the Supply Contract to the same extent as if an assignment has not occurred. Customer hereby represents and warrants that: (i) Customer has delivered herewith a true and correct copy of the Supply Contract, neither Supplier nor Customer is in default under the Supply Contract and it shall not be amended without Lender's prior written consent and (ii) the Supply Contract is free from all claims, security interests, liens and encumbrances, except for the interest being conveyed by the Loan Agreement. Customer indemnifies and holds Lender harmless with respect to any and all claims relating to the performance of Customer's obligations under the Supply Contract.

Supply Contract. Customer Lessee acknowledges either that (a) Customer Lessee has reviewed and approved any written purchase agreement or purchase order covering the Equipment ("Supply Contract") purchased from Supplier, or (b) Lender Lessor has informed or advised CustomerLessee, in writing, either previously or by the Loan AgreementLease, of the following: (i) the identity of the Supplier, (ii) that Customer Lessee may have rights under the Supply Contract and (iii) that Customer Lessee may contact the Supplier for a description of any such rights Customer Lessee may have under the Supply Contract. If Customer Lessee has entered into a written Supply Contract, then Customer Lessee hereby assigns to Lender Lessor all of CustomerLessee's rights and interests in and to the Equipment and the Supply Contract. If requested by LenderLessor, Customer Lessee shall obtain any consent required for such assignment. If Customer Lessee has not entered into any such Supply Contract, Customer Lessee authorizes Lender Lessor to (and Lender Lessor may at its optionoption ) act on behalf of Customer Lessee to obtain a Supply Contract from Supplier. Except for the obligation to pay Supplier for the Equipment, if (and only if) the Equipment is accepted by Customer Lessee under the Loan AgreementLease, such assignment shall not include any of CustomerLessee's obligations under such Supply Contract and Customer Lessee shall at all times remain liable to perform all of its duties and obligations under the Supply Contract to the same extent as if an assignment has not occurred. Customer Lessee hereby represents and warrants that: (i) Customer Lessee has delivered herewith a true and correct copy of the Supply Contract, neither Supplier nor Customer Lessee is in default under the Supply Contract and it shall not be amended without LenderLessor's prior written consent and (ii) the Supply Contract is free from all claims, security interests, liens and encumbrances, except for the interest being conveyed by the Loan AgreementLease. Customer Lessee indemnifies and holds Lender Lessor harmless with respect to any and all claims relating to the performance of CustomerLessee's obligations under the Supply Contract.

Supply Contract. Customer acknowledges either that (a) Customer has reviewed and approved any written purchase agreement or purchase order covering the Equipment ("Supply Contract") purchased from Supplier, or (b) Lender has informed or advised Customer, in writing, either previously or by the Loan Agreement, of the following: . (i) the identity of the Supplier, (ii) that Customer may have rights under the Supply Contract and (iii) that Customer may contact the Supplier for a description of any such rights Customer may have under the Supply Contract. Contract If Customer has entered into a written Supply Contract, then Customer hereby assigns to Lender all of Customer's rights and interests in and to the Equipment and the Supply Contract. Contract If requested by Lender, Customer shall obtain any consent required for such assignment. If Customer has not entered into any such Supply Contract, Customer authorizes Lender to (and Lender may at its option) act on behalf of Customer to obtain a Supply Contract from Supplier. Except for the obligation to pay Supplier for the Equipment, if (and only if) the Equipment is accepted by Customer under the Loan Agreement, such assignment shall not include any of Customer's obligations under such Supply Contract and Customer shall at all times remain liable to perform all of its duties and obligations under the Supply Contract to the same extent as if an assignment has not occurred. Customer hereby represents and warrants that: (i) Customer has delivered herewith a true and correct copy of the Supply Contract, neither Supplier nor Customer is in default under the Supply Contract and it shall not be amended without Lender's prior written consent and (ii) the Supply Contract is free from all claims, security interests, liens and encumbrances, except for the interest being conveyed by the Loan Agreement. Customer indemnifies and holds Lender harmless with respect to any and all claims relating to the performance of Customer's obligations under the Supply Contract.: