Adjustments to Schedule. Lessee acknowledges that the Total Cost of Equipment and Financed Items and the related Rent payments set forth in this Schedule may be estimates, and if the final invoice from the Seller specifies a Total Cost that is more or less than the Total Cost set forth in this Schedule, Lessee hereby authorizes Lessor to adjust the applicable Total Cost and Rent payment on this Schedule to reflect the final invoice amount (the “Final Invoice Amount”). However, if the Final Invoice Amount exceeds the estimated Total Cost by more than 5%, Lessor will notify Lessee and obtain Lessee's prior written approval of the aforementioned adjustments. If Lessee fails to so approve any such adjustments within 15 days of Lessor’s request, then Lessee shall be deemed to accept such Final Invoice Amount.. All references in this Schedule to Total Cost and Rent shall mean the amounts thereof specified herein, as adjusted pursuant to this Section. Lessee also acknowledges that the Equipment and Financed Items described herein may differ from the description of the Equipment and Financed Items set forth in the related Acceptance Certificate executed by Lessee. Lessee hereby authorizes Lessor to conform the description of the Equipment and Financed Items set forth herein to the description thereof in the related Acceptance Certificate executed by Lessee. All references in this Schedule to the Equipment subject to a Lease and the Financed Items subject to a Financing shall mean the Equipment and Financed Items described herein, as conformed to the related Acceptance Certificate pursuant to this Section.
Appears in 1 contract
Samples: Master Lease and Financing Agreement (Secured Digital Storage CORP)
Adjustments to Schedule. Lessee acknowledges that the Total Cost of Equipment and Financed Items and the related Rent payments set forth in any Schedule executed pursuant to this Schedule Section 2.A may be estimates, and if the final invoice from the Seller specifies a Total Cost that is more or less than the estimated Total Cost set forth in this the Schedule, . Lessee hereby authorizes Lessor to adjust the applicable Total Cost and Rent payment on this the Schedule to reflect the final invoice amount (the “"Final Invoice Amount”"). However, if the Final Invoice Amount exceeds the estimated Total Cost by more than 5%, . Lessor will notify Lessee and obtain Lessee's prior written approval of the aforementioned adjustments. If Lessee fails to so approve any such adjustments within 15 days of Lessor’s 's request, then the affected Schedule shall terminate without penalty to either Lessor or Lessee and Lessee shall be deemed solely responsible for all obligations arising under the applicable Purchase Documents, including, without limitation, the obligation to accept such Final Invoice Amount.. purchase Equipment and pay Financed Items. All references in this Master Agreement and any Schedule to Total Cost and Rent shall mean the amounts thereof specified hereinin the applicable Schedule, as adjusted pursuant to this Sectionparagraph. Lessee also acknowledges that the Equipment and Financed Items described herein in a Schedule may differ from the description of the Equipment and Financed Items set forth in the related Acceptance Certificate executed and actually accepted by Lessee. Lessee hereby authorizes Lessor to conform the description of the Equipment and Financed Items set forth herein in any Schedule to the description thereof in the related Acceptance Certificate executed by LesseeCertificate. All references in this the Master Agreement and any Schedule to the Equipment subject to a Lease and the Financed Items subject to a Financing shall mean the Equipment and Financed Items described hereinin the applicable Schedule, as conformed to the related Acceptance Certificate pursuant to this Section.paragraph. B.
Appears in 1 contract
Samples: Master Lease and Financing Agreement (Futurelink Corp)
Adjustments to Schedule. Lessee acknowledges that the Total Cost of ----------------------- Equipment and Financed Items and the related Rent payments set forth in any Schedule executed pursuant to this Schedule Section 2.A may be estimates, and if the final invoice from the Seller specifies a Total Cost that is more or less than the estimated Total Cost set forth in this the Schedule, Lessee hereby authorizes Lessor to adjust the applicable Total Cost and Rent payment on this the Schedule to reflect the final invoice amount (the “"Final Invoice Amount”"). However, if the Final Invoice Amount exceeds the estimated Total Cost by more than 51%, Lessor will notify Lessee and obtain Lessee's prior written approval of the aforementioned adjustments. If Lessee fails to so approve any such adjustments within 15 business days of Lessor’s 's request, then the affected Schedule shall terminate without penalty to either Lessor or Lessee and Lessee shall be deemed solely responsible for all obligations arising under the applicable Purchase Documents, including, without limitation, the obligation to accept such Final Invoice Amount.. purchase Equipment and pay Financed Items. All references in this Master Agreement and any Schedule to Total Cost and Rent shall mean the amounts thereof specified hereinin the applicable Schedule, as adjusted pursuant to this Sectionparagraph. Lessee also acknowledges that the Equipment and Financed Items described herein in a Schedule may differ from the description of the Equipment and Financed Items set forth in the related Acceptance Certificate executed and actually accepted by Lessee. Lessee hereby authorizes Lessor to conform the description of the Equipment and Financed Items set forth herein in any Schedule to the description thereof in the related Acceptance Certificate executed by LesseeCertificate. All references in this the Master Agreement and any Schedule to the Equipment subject to a Lease and the Financed Items subject to a Financing shall mean the Equipment and Financed Items described hereinin the applicable Schedule, as conformed to the related Acceptance Certificate pursuant to this Sectionparagraph.
Appears in 1 contract
Samples: Master Lease and Financing Agreement (Altavista Co)
Adjustments to Schedule. Lessee acknowledges that the Total Cost ----------------------- of Equipment and Financed Items and the related Rent payments set forth in any Schedule executed pursuant to this Schedule Section 2.A may be estimates, and if the final invoice from the Seller specifies a Total Cost that is more or less than the estimated Total Cost set forth in this the Schedule, Lessee hereby authorizes Lessor to adjust the applicable Total Cost and Rent payment on this the Schedule to reflect the final invoice amount (the “"Final Invoice Amount”"). However, if the Final Invoice Amount exceeds the estimated Total Cost by more than 5%, Lessor will notify Lessee and obtain Lessee's prior written approval of the aforementioned adjustments. If Lessee fails to so approve any such adjustments within 15 days of Lessor’s 's request, then the affected Schedule shall terminate without penalty to either Lessor or Lessee and Lessee shall be deemed solely responsible for all obligations arising under the applicable Purchase Documents, including, without limitation, the obligation to accept such Final Invoice Amount.. purchase Equipment and pay Financed Items. All references in this Master Agreement and any Schedule to Total Cost and Rent shall mean the amounts thereof specified hereinin the applicable Schedule, as adjusted pursuant to this Sectionparagraph. Lessee also acknowledges that the Equipment and Financed Items described herein in a Schedule may differ from the description of the Equipment and Financed Items set forth in the related Acceptance Certificate executed and actually accepted by Lessee. Lessee hereby authorizes Lessor to conform the description of the Equipment and Financed Items set forth herein in any Schedule to the description thereof in the related Acceptance Certificate executed by LesseeCertificate. All references in this the Master Agreement and any Schedule to the Equipment subject to a Lease and the Financed Items subject to a Financing shall mean the Equipment and Financed Items described hereinin the applicable Schedule, as conformed to the related Acceptance Certificate pursuant to this Sectionparagraph.
Appears in 1 contract
Samples: Master Lease and Financing Agreement (Vicinity Corp)
Adjustments to Schedule. Lessee acknowledges that the Total Cost of Equipment and Financed Items and the related Rent payments set forth in any Schedule executed pursuant to this Schedule Section 2.A may be estimates, and if the final invoice from the Seller specifies a Total Cost that is more or less than the estimated Total Cost set forth in this the Schedule, Lessee hereby authorizes Lessor to adjust the applicable Total Cost and Rent payment on this the Schedule to reflect the final invoice amount (the “"Final Invoice Amount”"). However, if the Final Invoice Amount exceeds the estimated Total Cost by more than 5%, Lessor will notify Lessee and obtain Lessee's prior written approval of the aforementioned adjustments. If Lessee fails to so approve any such adjustments within 15 days of Lessor’s 's request, then the affected Schedule shall terminate without penalty to either Lessor or Lessee and Lessee shall be deemed solely responsible for all obligations arising under the applicable Purchase Documents, including, without limitation, the obligation to accept such Final Invoice Amount.. purchase equipment and pay Financed Items. All references in this Master Agreement and any Schedule to Total Cost and Rent shall mean the amounts thereof specified hereinin the applicable Schedule, as adjusted pursuant to this Sectionparagraph. Lessee also acknowledges that the Equipment and Financed Items described herein in a Schedule may differ from the description of the Equipment and Financed Items set forth in the related Acceptance Certificate executed and actually accepted by Lessee. Lessee hereby authorizes Lessor to conform the description of the Equipment and Financed Items set forth herein in any Schedule to the description thereof in the related Acceptance Certificate executed by LesseeCertificate. All references in this the Master Agreement and any Schedule to the Equipment subject to a Lease and the Financed Items subject to a Financing shall mean the Equipment and Financed Items described hereinin the applicable Schedule, as conformed to the related Acceptance Certificate pursuant to this Sectionparagraph.
Appears in 1 contract
Samples: Master Lease and Financing Agreement (Appliedtheory Corp)
Adjustments to Schedule. Lessee acknowledges that the Total Cost of Equipment and Financed Items and the related Rent payments set forth in any Schedule executed pursuant to this Schedule Section 2.A may be estimates, and if the final invoice from the Seller specifies a Total Cost that is more or less than the estimated Total Cost set forth in this the Schedule, Lessee hereby authorizes Lessor to adjust the applicable Total Cost and Rent payment on this the Schedule to reflect the final invoice amount (the “"Final Invoice Amount”"). However, if the Final Invoice Amount exceeds the estimated Total Cost by more than 5%, Lessor will notify Lessee and obtain Lessee's prior written approval of the aforementioned adjustments. If Lessee fails to so approve any such adjustments within 15 days of Lessor’s 's request, then the affected Schedule shall terminate without penalty to either Lessor or Lessee and Lessee shall be deemed solely responsible for all obligations arising under the applicable Purchase Documents, including, without limitation, the obligation to accept such Final Invoice Amount.. purchase Equipment and pay Financed Items. All references in this Master Agreement and any Schedule to Total Cost and Rent shall mean the amounts thereof specified hereinin the applicable Schedule, as adjusted pursuant to this Sectionparagraph. Lessee also acknowledges that the Equipment and Financed Items described herein in a Schedule may differ from the description of the Equipment and Financed Items set forth in the related Acceptance Certificate executed and actually accepted by Lessee. Lessee hereby authorizes Lessor to conform the description of the Equipment and Financed Items set forth herein in any Schedule to the description thereof in the related Acceptance Certificate executed by LesseeCertificate. All references in this the Master Agreement and any Schedule to the Equipment subject to a Lease and the Financed Items subject to a Financing shall mean the Equipment and Financed Items described hereinin the applicable Schedule, as conformed to the related Acceptance Certificate pursuant to this Section.paragraph. B.
Appears in 1 contract
Samples: Master Lease and Financing Agreement (Liveperson Inc)
Adjustments to Schedule. Lessee acknowledges that the Total Cost of Equipment and Financed Items and the related Rent payments set forth in this Schedule may be estimates, and if the final invoice from the Seller specifies a Total Cost that is more or less than the Total Cost set forth in this Schedule, Lessee hereby authorizes Lessor to adjust the applicable Total Cost and Rent payment on this Schedule to reflect the final invoice amount (the “Final Invoice Amount”). However, if the Final Invoice Amount exceeds the estimated Total Cost by more than 5%, Lessor will notify Lessee and obtain Lessee's prior written approval of the aforementioned adjustments. If Lessee fails to so approve any such adjustments within 15 days of Lessor’s request, then this Schedule shall terminate without penalty to either Lessor or Lessee and Lessee shall be deemed solely responsible to accept such Final Invoice Amount.. the Supplier for all obligations arising under the applicable Purchase Documents, including, without limitation, the obligation to purchase Equipment and pay Financed Items. All references in this Schedule to Total Cost and Rent shall mean the amounts thereof specified herein, as adjusted pursuant to this Section. Lessee also acknowledges that the Equipment and Financed Items described herein may differ from the description of the Equipment and Financed Items set forth in the related Acceptance Certificate executed by Lessee. Lessee hereby authorizes Lessor to conform the description of the Equipment and Financed Items set forth herein to the description thereof in the related Acceptance Certificate executed by Lessee. All references in this Schedule to the Equipment subject to a Lease and the Financed Items subject to a Financing shall mean the Equipment and Financed Items described herein, as conformed to the related Acceptance Certificate pursuant to this Section.
Appears in 1 contract
Samples: Master Lease and Financing Agreement (Secured Digital Storage CORP)