Common use of ALTERATIONS AND MODIFICATIONS Clause in Contracts

ALTERATIONS AND MODIFICATIONS. Lessee shall not make modifications, alterations or additions to Equipment (other than normal operating accessories or controls) without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Lessee shall be entitled to acquire and install, at Lessee’s expense, such additional features or options (“Modifications”) which (i) will not impair the originally intended function or use of the Equipment in which the Modifications are installed, (ii) will not require removal of any part of the Equipment, (iii) will not interfere with Lessee’s ability to obtain and maintain the maintenance contract required by Section 8.3, and (iv) the addition of which will not have an adverse impact upon the value of the underlying Equipment or Lessor’s rights therein. Such Modifications shall be of the type which are readily installed and removed without damage to the Equipment so as to restore the Equipment to the condition in which it existed prior to the installation of such Modifications; provided, however, that if Lessor so agrees in writing, Lessee shall not be required to remove such Modifications. Any Modifications not so removed shall become the property of Lessor. All Modifications must qualify for the manufacturer’s maintenance agreement and be maintained in accordance with Section 8 hereof. Lessee shall grant to Lessor the right and opportunity to first submit and match the last proposal for the lease, financing or supply of any Modification.

Appears in 3 contracts

Samples: Master Equipment Lease, Master Equipment Lease, Master Equipment Lease

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ALTERATIONS AND MODIFICATIONS. Lessee shall not make modifications, alterations or additions to Equipment (other than normal operating accessories or controls) without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Lessee shall be entitled to acquire and install, at Lessee’s 's expense, such additional features or options ("Modifications") which (i) will not impair the originally intended function or use of the Equipment in which the Modifications are installed, (ii) will not require removal of any part of the Equipment, (iii) will not interfere with Lessee’s 's ability to obtain and maintain the maintenance contract required by Section 8.3Paragraph 6(c), and (iv) the addition of which will not have an adverse impact upon the value of the underlying Equipment or Lessor’s 's rights therein. Such Modifications shall be of the type which are readily installed and removed without damage to the Equipment so as to restore the Equipment to the condition in which it existed prior to the installation of such Modifications; Modifications provided, however, that if Lessor so agrees in writing, Lessee shall not be required to remove such Modifications. Any Modifications not so removed shall become the property of Lessor. All Modifications must qualify for the manufacturer’s 's maintenance agreement and be maintained in accordance with Section 8 Paragraph 6(c) hereof. Lessee shall grant hereby grants to Lessor the right and opportunity to first submit and or match the last proposal for the lease, financing or supply of any Modification.

Appears in 3 contracts

Samples: Master Lease Agreement (Rhythms Net Connections Inc), Master Lease Agreement (Mail Com Inc), Master Lease Agreement (Rhythms Net Connections Inc)

ALTERATIONS AND MODIFICATIONS. Except as otherwise permitted under the Permitted Subleases, Lessee shall not make modifications, alterations or additions to Equipment (other than normal operating accessories or controls) without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Lessee shall be entitled to acquire and install, at Lessee’s expense, such additional features or options (“Modifications”) which (i) will not impair the originally intended function or use of the Equipment in which the Modifications are installed, (ii) will not require removal of any part of the Equipment, (iii) will not interfere with Lessee’s ability to obtain and maintain the maintenance contract required by Section 8.3, and (iv) the addition of which will not have an adverse impact upon the value of the underlying Equipment or Lessor’s rights therein. Such Except as otherwise permitted under the Permitted Subleases, such Modifications shall be of the type which are readily installed and removed without damage to the Equipment so as to restore the Equipment to the condition in which it existed prior to the installation of such Modifications; provided, however, that if Lessor so agrees in writing, Lessee shall not be required to remove such Modifications. Any Modifications not so removed shall become the property of Lessor. All Modifications must qualify for the manufacturer’s maintenance agreement and be maintained in accordance with Section 8 hereof. Lessee shall grant to Lessor the right and opportunity to first submit and match the last proposal for the lease, financing or supply of any Modification.

Appears in 2 contracts

Samples: Master Equipment Lease (Cinedigm Digital Cinema Corp.), Master Equipment Lease (Cinedigm Digital Cinema Corp.)

ALTERATIONS AND MODIFICATIONS. Lessee shall not make modifications, alterations or additions to Equipment (other than normal operating accessories or controls) without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Lessee shall be entitled to acquire and install, at Lessee’s 's expense, such additional features or options ("Modifications") which (iI) will not impair the originally intended function or use of the Equipment in which the Modifications are installed, (ii) will not require removal of any part of the Equipment, (iii) will not interfere with Lessee’s 's ability to obtain and maintain the maintenance contract required by Section 8.3Paragraph 6(c), and (iv) the addition of which will not have an adverse impact upon the value of the underlying Equipment or Lessor’s Lessors rights therein. Such Modifications shall be of the type which are readily installed and removed without damage to the Equipment so as to restore the Equipment to the condition in which it existed prior to the installation of such Modifications; Modifications provided, however, that if Lessor so agrees in writing, Lessee shall not be required to remove such Modifications. Any Modifications not so removed shall become the property of Lessor. All Modifications must qualify for the manufacturer’s manufacturers maintenance agreement and be maintained in accordance with Section 8 Paragraph 6(c) hereof. Lessee shall grant hereby grants to Lessor the right and opportunity to first submit and or match the last proposal for the lease, financing or supply of any Modification.

Appears in 1 contract

Samples: Master Lease Agreement (RMH Teleservices Inc)

ALTERATIONS AND MODIFICATIONS. Lessee shall not make modifications, alterations or additions to Equipment (other than normal operating accessories or controls) without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Lessee shall be entitled to acquire and install, at Lessee’s 's expense, such additional features or options ("Modifications") which (i) will not impair the originally intended function or use of the Equipment in which the Modifications are installed, (ii) will not require removal of any part of the Equipment, (iii) will not interfere with Lessee’s 's ability to obtain and maintain the maintenance contract required by Section 8.3Paragraph 6(c), and (iv) the addition of which will not have an adverse impact upon the value of the underlying Equipment or Lessor’s 's rights therein. Such Modifications shall be of the type which are readily installed and removed without damage to the Equipment so as to restore the Equipment to the condition in which it existed prior to the installation of such Modifications; Modifications provided, however, that if Lessor so agrees in writing, Lessee shall not be required to remove such Modifications. Any Modifications not so removed shall become the property of Lessor. All Modifications must qualify quality for the manufacturer’s 's maintenance agreement and be maintained in accordance with Section 8 Paragraph 6(c) hereof. Lessee shall grant hereby grants to Lessor the right and opportunity to first submit and or match the last proposal for the lease, financing or supply of any Modification.

Appears in 1 contract

Samples: Master Lease Agreement (Interliant Inc)

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ALTERATIONS AND MODIFICATIONS. Lessee shall not make modifications, alterations or additions to Equipment (other than normal operating accessories or controls) without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Lessee shall be entitled to acquire and install, at Lessee’s 's expense, such additional features or options ("Modifications") which (i) will not impair the originally intended function or use of the Equipment in which the Modifications are installedInstalled, (ii) will not require removal of any part of the Equipment, (iii) will not interfere with Lessee’s 's ability to obtain and maintain the maintenance contract required by Section 8.3Paragraph 6(c), and (iv) the addition of which will not have an adverse impact upon the value of the underlying Equipment or Lessor’s 's rights therein. Such Modifications shall be of the type which are readily installed and removed without damage to the Equipment so as to restore the Equipment to the condition in which it existed prior to the installation of such Modifications; Modifications provided, however, that if Lessor so agrees in writing, Lessee shall not be required to remove such ModificationsMortifications. Any Modifications not so removed shall become the property of Lessor. All Modifications must qualify for the manufacturer’s 's maintenance agreement and be maintained in accordance with Section 8 Paragraph 6(c) hereof. Lessee shall grant hereby grants to Lessor the right and opportunity to first submit and or match the last proposal for the lease, financing or supply of any Modification.

Appears in 1 contract

Samples: Master Lease Agreement (Rhythms Net Connections Inc)

ALTERATIONS AND MODIFICATIONS. Lessee shall not make modifications, alterations or additions to Equipment (other than normal operating accessories or controls) without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Lessee shall be entitled to acquire and install, at Lessee’s expense, such additional features or options (“Modifications”) which (i) will not impair the originally intended function or use of the Equipment in which the Modifications are installed, (ii) will not require removal of any part of the Equipment, (iii) will not interfere with Lessee’s ability to obtain and maintain the maintenance contract required by Section 8.3, 8.3 and (iv) the addition of which will not have an adverse impact upon the value of the underlying Equipment or Lessor’s rights therein. Such Modifications shall be of the type which are readily installed and removed without damage to the Equipment so as to restore the Equipment to the condition in which it existed prior to the installation of such Modifications; Modifications provided, however, that if Lessor so agrees in writing, Lessee shall not be required to remove such Modifications. Any Modifications not so removed shall become the property of Lessor. All Modifications must qualify for the manufacturer’s maintenance agreement and be maintained in accordance with Section 8 hereof. Lessee shall grant to Lessor the right and opportunity to first submit and or match the last proposal for the lease, financing or supply of any Modification.

Appears in 1 contract

Samples: Master Equipment Lease (GlyEco, Inc.)

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