Acquisition of Equipment. Borrower either has ordered or shall order the Equipment pursuant to one or more Purchase Agreements from one or more Vendors. Borrower shall remain liable to the Vendor or Vendors in respect of its duties and obligations in accordance with each Purchase Agreement and shall bear the risk of loss with respect to any loss or claim relating to any item of Equipment covered by any Purchase Agreement, and neither Lender nor Issuer shall assume any such liability or risk of loss.
Acquisition of Equipment. 6 Section 2.02. Loan................................................ 6 Section 2.03. Interest............................................ 6 Section 2.04. Payments............................................ 7 Section 2.05. Payment on Non-Business Days......................
Acquisition of Equipment. Borrower and its Subsidiaries will not purchase or otherwise acquire any additional Equipment (including any substitutions for Equipment owned on the Closing Date) or make any other capital expenditures in violation of the Indenture, or which would cause Borrower and its Subsidiaries to be in default under the terms of this Agreement or any other Loan Document.
Acquisition of Equipment. It is the obligation of CITY to acquire and pay for equipment it intends to seek later reimbursement from ESD. Upon delivery and deployment of the equipment to CITY, ESD or its agent retains the right to inspect the equipment acquired by CITY.
Acquisition of Equipment. (a) Borrower either has ordered or shall order the Equipment pursuant to one or more Purchase Agreements from one or more Vendors. During the term of the Purchase Agreement, Borrower shall remain liable to each such Vendor with respect to its duties and obligations in accordance with the Purchase Agreement.
(b) The obligation of Lender to lend on the basis of an item of Equipment is subject to the following conditions:
(i) Borrower shall have accepted the Equipment by delivery to Lender of a Certificate of Acceptance, whereupon the item of Equipment shall immediately become subject to and governed by the provisions of the applicable Agreement.
(ii) There shall exist no Event of Default under this Master Financing Agreement or any condition, event or act which with notice or lapse of time, or both, would become an Event of Default which has not been remedied or waived. If either of the foregoing conditions has not been met with respect to an item of Equipment, the Borrower shall purchase and pay for such item with its own funds in accordance with the Purchase Agreement.
Acquisition of Equipment. (a) All equipment shall be acquired by the Tribe or the Enterprise or by Manager, acting as agent for the Tribe or the Enterprise, from distributors and manufacturers approved by the Business Board or, if required, licensed by the Gaming Commission.
(b) All acquisitions of new Furnishings and Equipment after the Opening Date shall be purchased or leased by the Tribe or the Enterprise at the direction of Manager, as agent for the Tribe or the Enterprise, under market terms and conditions, unless otherwise agreed to by the Business Board.
(c) The Business Board and Manager shall mutually agree upon the number and type of gaming devices and related hardware and software to be acquired by the Enterprise and operated at the Facility. The Business Board and Manager shall mutually agree upon the type and performance characteristics of any gaming systems acquired by the Enterprise and operated at the Facility which may be or are intended to be operated as Class II Gaming.
Acquisition of Equipment. (a) All equipment shall be acquired by the Tribe or the Enterprise or by Manager, acting as agent for the Tribe or the Enterprise, from distributors and manufacturers approved by the Business Board.
(b) All acquisitions of new Furnishings and Equipment after the Opening Date shall be purchased or leased by the Tribe or the Enterprise at the direction of Manager, as agent for the Tribe or the Enterprise, under market terms and conditions, unless otherwise agreed to by the Business Board.
Acquisition of Equipment. (a) The County shall arrange for, supervise and provide for, or cause to be supervised and provided for, the acquisition of the Equipment with moneys available in the Acquisition Fund. The County represents the estimated costs of the Equipment are within the funds estimated to be available therefor, and Lessor makes no warranty or representation with respect thereto. Lessor shall have no liability under any of the acquisition or construction contracts. The County shall obtain all necessary permits and approvals, if any, for the acquisition, equipping and installation of the Equipment, and the operation and maintenance thereof. The Lessor shall have no liability under any contract for the acquisition, equipping and installation of the Equipment or any part thereof.
(b) Disbursements from the Acquisition Fund shall be made for the purpose of paying (including the reimbursement to County for advances from its own funds to accomplish the purposes hereinafter described) the cost of acquiring the Equipment..
(c) Amounts shall be disbursed from the Acquisition Fund from time to time upon delivery by the County to the Custodian of a properly completed and executed Disbursement Request in the form attached hereto as Exhibit A, stating each amount to be paid and the name of the person, firm or corporation to whom payment thereof is due.
Acquisition of Equipment. 39.1. The Service Provider will acquire by outright purchase, operating or finance lease or other arrangement the Equipment, including the Assets, necessary to perform the Services. The Service Provider shall provide the Equipment in accordance with the requirements of Schedule 1 (Statement of Work) and shall ensure that the Equipment meets the requirements of Schedule 1 (Statement of Work) throughout the remaining Term of the Contract from the scheduled Handover Date.
39.2. The Service Provider acknowledges that the terms and conditions of the acquisition of the Assets (“the Acquisition Contracts”) and any related Financing Agreement (if any) will be provided to Customs on request for Customs approval.
39.3. The Service Provider will ensure that it complies with the requirements of the Acquisition Contracts and any related Financing Agreement and in particular that it does not take any action that would invalidate any provision of an Acquisition Contract or prevent the Service Provider from making any claim under the Acquisition Contract.
39.4. The Service Provider will immediately notify Customs of any breach of an Acquisition Contract or of the related Financing Agreement or any event that would with the giving of notice or the passage of time or both, become a breach of the Acquisition Contract or of the related Financing Agreement.
Acquisition of Equipment. 5.1 You will obtain and accept delivery of each Equipment on our behalf as our agent from the supplier thereof at your expense and, if required, arrange for its installation at your expense.
5.2 You acknowledge that:
(a) you have examined the Equipment before accepting it and have satisfied yourself as to its condition and suitability for your purposes and its compliance with any prescribed safety standards;
(b) we have given no representation or warranty regarding the quality, fitness, safety or suitability of the Equipment, and no person is authorised by us to do so;
(c) you do not have any title to the Equipment;
(d) no agreement or representation has been made by us or by any other person which will entitle you to acquire the Equipment at a later date;
(e) you will look to the supplier, and not us, for any collateral warranty you may require in relation to the Equipment;
(f) if the Equipment includes software:
(i) to the extent we are permitted, we grant you the benefit of any licence or any rights we may have to use the software for the duration of the Term and the Interim Period (if any);
(ii) we make no representation about the software and you cannot refuse to pay rental instalments or make any other claim should we not be able to grant rights to use that software or should the software be defective or unsuitable; and
(iii) you must return the software to us with the Equipment at the expiration of the Term or upon the earlier termination of this Agreement, as the case may be; and
5.3 To the extent legally possible, we assign to you the benefit of all supplier or manufacturer warranties which may be given to us in relation to the Equipment for the duration of the rental of the Equipment in terms of this Agreement. You may not waive any of our rights, as purchaser of the Equipment, as against the supplier, as seller, (in particular warranties of a seller available under the Sale of Goods Act, 1930) and/or as to any other warranty furnished in place of any warranty implied or provided under any law or contract.
5.4 You warrant and represent that you have disclosed to us all facts and circumstances material to this Agreement and not known to us, or which would be reasonably likely to be material to us including, but not limited to facts and circumstances relevant to the purchase price and/or the market value of the Equipment.
