Common use of CARE AND USE OF EQUIPMENT Clause in Contracts

CARE AND USE OF EQUIPMENT. Manufacturer shall maintain and service the Equipment as described in “Maintenance and Service” and “Improvements” on Exhibit A. In all other respects, except for damage or repairs due to the acts or omissions of Manufacturer or its employees, agents or contractors, Lessee at its own cost and expense shall maintain the Equipment in good operating condition, repair and appearance, and Lessee shall protect the same from deterioration, other than normal wear and tear. Lessee shall use the Equipment in the regular course of business only, within its normal capacity, without abuse, and in the manner contemplated by the parties as of the date of this Agreement. Lessee shall comply with all laws, ordinances, regulations, requirements and rules with respect to the use and operation of the Equipment, and shall not make (except in conjunction with Manufacturer in accordance with Section 9 (Upgrades and Additions)) any modification, alteration or addition to the Equipment. Neither Lessee nor its employees, agents or representatives shall tamper with, disassemble, revise, engineer or otherwise examine the manual workings of the Equipment. If through the negligence of Lessee or the breach of this Agreement by Lessee repairs are required of Manufacturer then Lessee shall reimburse Manufacturer for all reasonable costs incurred by Manufacturer in making such repairs or performing such maintenance, if Lessee has not made such repairs or performed such maintenance within a reasonable time following Manufacturer’s written notice to Lessee. Manufacturer shall have the right during normal business hours, upon reasonable prior notice to Lessee and subject to applicable laws and regulations, to enter the Facility in order to inspect, observe or, upon an Event of Default (as defined below), remove the Equipment, or otherwise protect Manufacturer’s interest, and Lessee shall cooperate fully in affording Manufacturer the opportunity to do the same. Lessee shall permit Manufacturer to review all documentary and electronic information relating to the Equipment and the operation of it.

CARE AND USE OF EQUIPMENT. Manufacturer shall maintain and service the Equipment as described in “Maintenance and Service” and “Improvements” on Exhibit A. In all other respectsLessee, except for damage or repairs due to the acts or omissions of Manufacturer or its employees, agents or contractors, Lessee at its own cost and expense expense, shall maintain the Equipment in good operating condition, repair repair, and appearance, and Lessee shall protect the same such Equipment from deterioration, deterioration other than normal wear and tear. Lessee ; shall use the Equipment in the regular course of its business only, within its normal capacity, without abuse, and in the a manner contemplated by the parties as of the date of this Agreement. Lessee shall comply with all laws, ordinances, regulations, requirements and rules with respect to the use and operation of the Equipment, manufacturer thereof; and shall not make (except in conjunction with Manufacturer in accordance with Section 9 (Upgrades and Additions)) any modificationmodifications, alteration alterations, or addition additions to the EquipmentEquipment (other than normal operating accessories or controls), without the written consent of Lessor, which shall not be unreasonably withheld. Neither Lessee nor its employeesAll modifications, agents or representatives repairs, alterations, additions, replacements, substitutions, operating accessories, and controls shall tamper with, disassemble, revise, engineer or otherwise examine accrue to the manual workings Equipment and become the property of the EquipmentLessee, subject to Sections 18 and 19 hereof. If through the negligence of Lessee or the breach of this Agreement by Lessee repairs are required of Manufacturer then Lessee shall reimburse Manufacturer for all reasonable costs incurred by Manufacturer in making such repairs or performing such maintenance, if Lessee has not made such repairs or performed such maintenance within a reasonable time following Manufacturer’s written notice to Lessee. Manufacturer Lessor shall have the right right, during normal business hours, upon reasonable prior notice to Lessee and subject to applicable laws and regulations, to enter upon the Facility premises where the Equipment is located in order to inspect, observe or, upon an Event of Default (as defined below), remove the Equipmentobserve, or otherwise protect ManufacturerLessor’s interest, and Lessee shall cooperate fully in affording Manufacturer Lessor the opportunity to do the same. Lessee shall permit Manufacturer For the purpose of assuring Lessor that the Equipment will be properly serviced, Xxxxxx agrees to review all documentary and electronic information relating cause the Equipment to be maintained pursuant to the manufacturer’s standard preventive maintenance contract and/or recommendations and will provide proof of proper maintenance to the Lessor at the Lessor’s written request. Xxxxxx agrees that Lessor shall not be responsible for any loss or damage whatsoever to the Equipment, nor shall Lessor be responsible for latent defects, wear and tear or gradual deterioration or loss of service, or use of the Equipment or any part thereof. Lessor shall not be liable to Lessee or anyone else for any liability, claim, loss, damage, or expense of any kind or nature caused directly or indirectly by the inadequacy of the Equipment, or any item supplied by the Supplier or another party, any interruption of use or loss of service or use of performance of any Equipment; and loss of business or other consequence or damage, whether or not resulting from any of the operation foregoing. Any obligation of itLessee under this Section 12 to pay money shall be limited solely to the payment of such moneys, if any, as shall be then appropriated and budgeted and legally available or otherwise legally available to the Lessee and legally applicable to the purpose for which payment is to be made.

CARE AND USE OF EQUIPMENT. Manufacturer shall maintain and service the Equipment as described in “"Maintenance and Service” " and “"Improvements” " on Exhibit A. In all other respects, except for damage or repairs due to the acts or omissions of Manufacturer or its employees, agents or contractors, Lessee Licensee at its own cost and expense shall maintain the Equipment in good operating condition, repair and appearance, and Lessee Licensee shall protect the same from deterioration, other than normal wear and tear. Lessee Licensee shall use the Equipment in the regular course of business only, within its normal capacity, without abuse, and in the manner contemplated by the parties as of the date of this Agreement. Lessee Licensee shall comply with all laws, ordinances, regulations, requirements and rules with respect to the use and operation of the Equipment, and shall not make (except in conjunction with Manufacturer in accordance with Section 9 10 (Upgrades and Additions)) any modification, alteration or addition to the Equipment. Neither Lessee Licensee nor its employees, agents or representatives shall tamper with, disassemble, revise, engineer or otherwise examine the manual workings of the Equipment. If through the negligence of Lessee Licensee or the breach of this Agreement by Lessee Licensee repairs are required of Manufacturer then Lessee Licensee shall reimburse Manufacturer for all reasonable costs incurred by Manufacturer in making such repairs or performing such maintenance, if Lessee Licensee has not made such repairs or performed such maintenance within a reasonable time following Manufacturer’s 's written notice to LesseeLicensee. Manufacturer shall have the right during normal business hours, upon reasonable prior notice to Lessee Licensee and subject to applicable laws and regulations, to enter the Facility in order to inspect, observe or, upon an Event of Default (as defined below), remove the Equipment, or otherwise protect Manufacturer’s 's interest, and Lessee Licensee shall cooperate fully in affording Manufacturer the opportunity to do the same. Lessee Licensee shall permit Manufacturer to review all documentary and electronic information relating to the Equipment and the operation of it.

CARE AND USE OF EQUIPMENT. Manufacturer shall maintain and service the Equipment as described in “Maintenance and Service” and “Improvements” on Exhibit A. In all other respectsLessee, except for damage or repairs due to the acts or omissions of Manufacturer or its employees, agents or contractors, Lessee at its own cost and expense expense, shall maintain the Equipment in good operating condition, repair repair, and appearance, and Lessee shall protect the same such Equipment from deterioration, deterioration other than normal wear and tear. Lessee ; shall use the Equipment in the regular course of its business only, within its normal capacity, without abuse, and in the a manner contemplated by the parties as of the date of this Agreement. Lessee shall comply with all laws, ordinances, regulations, requirements and rules with respect to the use and operation of the Equipment, manufacturer thereof; and shall not make (except in conjunction with Manufacturer in accordance with Section 9 (Upgrades and Additions)) any modificationmodifications, alteration alterations, or addition additions to the EquipmentEquipment (other than normal operating accessories or controls), without the written consent of Lessor, which shall not be unreasonably withheld. Neither Lessee nor its employeesAll modifications, agents or representatives repairs, alterations, additions, replacements, substitutions, operating accessories, and controls shall tamper with, disassemble, revise, engineer or otherwise examine accrue to the manual workings Equipment and become the property of the EquipmentLessee, subject to Sections 18 and 19 hereof. If through the negligence of Lessee or the breach of this Agreement by Lessee repairs are required of Manufacturer then Lessee shall reimburse Manufacturer for all reasonable costs incurred by Manufacturer in making such repairs or performing such maintenance, if Lessee has not made such repairs or performed such maintenance within a reasonable time following Manufacturer’s written notice to Lessee. Manufacturer Lessor shall have the right right, during normal business hours, upon reasonable prior notice to Lessee and subject to applicable laws and regulations, to enter upon the Facility premises where the Equipment is located in order to inspect, observe or, upon an Event of Default (as defined below), remove the Equipmentobserve, or otherwise protect ManufacturerLessor’s interest, and Lessee shall cooperate fully in affording Manufacturer Lessor the opportunity to do the same. For the purpose of assuring Lessor that the Equipment will be properly serviced, Lessee shall permit Manufacturer agrees to review all documentary and electronic information relating cause the Equipment to be maintained pursuant to the manufacturer’s standard preventive maintenance contract and/or recommendations and will provide proof of proper maintenance to the Lessor at the Lessor’s written request. Lessee agrees that Lessor shall not be responsible for any loss or damage whatsoever to the Equipment, nor shall Lessor be responsible for latent defects, wear and tear or gradual deterioration or loss of service, or use of the Equipment or any part thereof. Lessor shall not be liable to Lessee or anyone else for any liability, claim, loss, damage, or expense of any kind or nature caused directly or indirectly by the inadequacy of the Equipment, or any item supplied by the Supplier or another party, any interruption of use or loss of service or use of performance of any Equipment; and loss of business or other consequence or damage, whether or not resulting from any of the operation foregoing. Any obligation of itLessee under this Section 12 to pay money shall be limited solely to the payment of such moneys, if any, as shall be then appropriated and budgeted and legally available or otherwise legally available to the Lessee and legally applicable to the purpose for which payment is to be made.

CARE AND USE OF EQUIPMENT. Manufacturer 8.1. Lessor shall maintain and service the Equipment as described in “Maintenance and Service” and “Improvements” on Exhibit A. In all other respects, except for damage or repairs due to the acts or omissions of Manufacturer or its employees, agents or contractors, Lessee at its own cost and expense manuals supplied by the Lessor. Lessor shall maintain not service the Equipment in good operating condition, repair and appearance, and Lessee shall protect without the same from deterioration, other than normal wear and tearknowledge of the Lessor and 8.2. Lessee shall use the Equipment in the regular course of business only, within its normal capacity, without abuse, and in the manner contemplated by the parties as of the date of this Agreement. Lessee shall comply with all laws, ordinances, regulations, requirements and rules with respect to the use and operation of the Equipment, and shall not make (except in conjunction with Manufacturer Lessor in accordance with Section 9 (Upgrades and Additions)) any modification, alteration or addition to the Equipment. Neither Lessee nor its employees, agents or representatives shall tamper with, disassemble, revise, engineer or otherwise examine the manual workings of the Equipment. If through the negligence of Lessee or the breach of this Agreement by Lessee repairs are required of Manufacturer Lessor then Lessee Xxxxxx shall reimburse Manufacturer Lessor for all reasonable costs incurred by Manufacturer Lessor in making such repairs or performing such maintenance, if Lessee has not made such repairs or performed such maintenance within a reasonable time following Manufacturer’s written notice to Lessee. Manufacturer Lessor shall have the right during normal business hours, upon reasonable prior notice to Lessee and subject to applicable laws and regulations, to enter the Facility in order to inspect, observe or, upon an Event of Default (as defined below), remove the Equipment, or otherwise protect ManufacturerLessor’s interest, and Lessee shall cooperate fully in affording Manufacturer Lessor the opportunity to do the same. Lessee shall permit Manufacturer Lessor to review all documentary and electronic information relating to the Equipment and the operation of it. 8.3. Without the prior written consent of Lessor, Lessee shall not: 8.3.1. sublease any of the Equipment; 8.3.2. create or incur, or permit to exist, any lien or encumbrance with respect to any of the Equipment, or any part thereof; or 8.3.3. move any of the Equipment from the location at which it is first installed (For the avoidance of doubt, parties acknowledge that the Equipment leased under this Agreement may be installed on other moveable property (e.g. forklifts). In such a case, Lessor shall not move the objects to which the Equipment is installed from the location at which it is first installed.). 8.4. During the Term and subject to the timely payment of the Lease Fees by the Lessee, Lessor shall provide maintenance of the Equipment and shall remedy any defect resulting from the Equipment by changing parts of or whole of the Equipment if necessary, and shall change the batteries of the Equipment free of charge.

CARE AND USE OF EQUIPMENT. Manufacturer shall maintain and service the Equipment as described in “Maintenance and Service” and “Improvements” on Exhibit A. In all other respectsLessee, except for damage or repairs due to the acts or omissions of Manufacturer or its employees, agents or contractors, Lessee at its own cost and expense expense, shall maintain the Equipment in good operating condition, repair repair, and appearance, and Lessee shall protect the same such Equipment from deterioration, deterioration other than normal wear and tear. Lessee ; shall use the Equipment in the regular course of business onlyits activities only (i.e. only for the purpose of performing essential governmental use and public functions within the permissible scope of Lessee’s authority), within its normal capacity, without abuse, and in the a manner contemplated by the parties as of the date of this Agreement. Lessee shall comply with all laws, ordinances, regulations, requirements and rules with respect to the use and operation of the Equipment, manufacturer thereof; and shall not make (except in conjunction with Manufacturer in accordance with Section 9 (Upgrades and Additions)) any modificationmodifications, alteration alterations, or addition additions to the EquipmentEquipment (other than normal operating accessories or controls), without the written consent of Lessor, which shall not be unreasonably withheld. Neither Lessee nor its employeesAll modifications, agents or representatives repairs, alterations, additions, replacements, substitutions, operating accessories, and controls shall tamper with, disassemble, revise, engineer or otherwise examine accrue to the manual workings Equipment and become the property of the EquipmentLessee, subject to Sections 8, 18, and 19 hereof. If through the negligence of Lessee or the breach of this Agreement by Lessee repairs are required of Manufacturer then Lessee shall reimburse Manufacturer for all reasonable costs incurred by Manufacturer in making such repairs or performing such maintenance, if Lessee has not made such repairs or performed such maintenance within a reasonable time following Manufacturer’s written notice to Lessee. Manufacturer Lessor shall have the right right, during normal customary business hours, upon reasonable prior notice to Lessee and subject to applicable laws and regulations, to enter upon the Facility premises where the Equipment is located in order to inspect, observe or, upon an Event of Default (as defined below), remove the Equipmentobserve, or otherwise protect ManufacturerXxxxxx’s interest, and Lessee shall cooperate fully in affording Manufacturer Lessor the opportunity to do the same. For the purpose of assuring Lessor that the Equipment will be properly serviced, Xxxxxx agrees to cause the Equipment to be maintained pursuant to the manufacturer’s standard preventive maintenance contract and/or recommendations and will provide proof of proper maintenance to the Lessor upon the Lessor’s written request. Xxxxxx agrees that Lessor shall not be responsible for any loss or damage whatsoever to the Equipment, nor shall Lessor be responsible for latent defects, wear and tear or gradual deterioration or loss of service or use of the Equipment or any part thereof. Lessee shall permit Manufacturer insure the Equipment against loss as required herein. Lessor shall not be liable to review all documentary Lessee or anyone else for any liability, claim, loss, damage, or expense of any kind or nature caused directly or indirectly by the inadequacy of the Equipment, or any item supplied by the vendor or another party, any interruption of use or loss of service, use or performance of any Equipment; and electronic information relating loss of business or other consequence or damage, whether or not resulting from any of the foregoing. Any obligation of Lessee under this Section to pay money shall be limited solely to the Equipment payment of such moneys, if any, as shall be then appropriated and budgeted and legally available or otherwise legally available to the operation of itLessee and legally applicable to the purpose for which payment is to be made.

CARE AND USE OF EQUIPMENT. Manufacturer Lessee shall maintain and service the Equipment as described in “Maintenance and Service” and “Improvements” on Exhibit A. In all other respects, except for damage or repairs due to the acts or omissions of Manufacturer or its employees, agents or contractors, Lessee at its own cost expense enter into and expense shall maintain in force a maintenance agreement with the manufacturer of the Equipment or other maintenance company approved in good operating conditionwriting by Lessor, repair and appearancecovering a prime shift maintenance contract for each Item of Equipment, and Lessee shall protect the same from deterioration, other than normal wear and tear. Lessee shall use the Equipment in the regular course of business only, within its normal capacity, without abuse, and in the manner contemplated by the parties as of the date of this Agreement. Lessee shall comply with all laws, ordinances, regulations, requirements and rules with respect to the use and operation effective upon installation of the Equipment, and shall keep the Equipment in as good repair, condition and working order as when delivered to Lessee hereunder, reasonable wear and tear from the proper use thereof alone excepted. Lessee shall provide the required suitable electric current to operate the Equipment and a suitable place of installation with all facilities as specified in the manufacturer's installation manual and meeting at all times the minimum standard of the National Board of Power Underwriters for the protection of the electronic computer systems as recommended by the national Power Protection Association. Lessee shall not make (except in conjunction with Manufacturer in accordance with Section 9 (Upgrades and Additions)) any modification, alteration alteration, or addition to the Equipment. Neither Lessee nor Equipment (other than normal operating accessories or controls) without the written consent of Lessor, which shall not be unreasonably withheld; shall not so affix the Equipment to realty so as to change its employeesnature to a fixture or real property and agrees that the Equipment shall remain personal property at all times regardless of how attached or installed; and shall keep the Equipment at the location shown on the Equipment Schedule, agents or representatives and shall tamper withnot remove the Equipment therefrom, disassemblewithout the prior written consent of lessor, revise, engineer or otherwise examine which shall not be unreasonably withheld if the manual workings place of relocation is in one of the continental United States. All modification, repairs, alterations, additions, operating accessories and controls shall be deemed incorporated in the Equipment. If through , shall become the negligence property of Lessee or Lessor and shall be made at the breach sole cost and expense of this Agreement by Lessee repairs are required of Manufacturer then Lessee shall reimburse Manufacturer for all reasonable costs incurred by Manufacturer in making such repairs or performing such maintenance, if Lessee has not made such repairs or performed such maintenance within a reasonable time following Manufacturer’s written notice to Lessee. Manufacturer Expenses of repair shall include labor, materials, parts and similar items. Lessor shall have the right right, during normal business hours, upon reasonable prior notice to Lessee and subject to applicable laws and regulations, to enter upon the Facility premises where the Equipment is located in order to inspect, observe or, upon an Event of Default (as defined below), or remove the Equipmentsame, or otherwise protect Manufacturer’s Lessor's interest, and Lessee shall cooperate fully in affording Manufacturer Lessor the opportunity to do so. Upon Lease expiration, Lessee shall return the sameEquipment to the location described in Section 16 hereof in the condition described above and so as to be acceptable and eligible for a continued or renewed maintenance agreement with the manufacturer. Lessee shall permit Manufacturer to review be solely responsible for payment of all documentary and electronic information relating charges incurred in bringing the Equipment to the condition required by the manufacturer for issuance of a continued or renewed maintenance agreement including, but not limited to, repairs, product enhancements, field changes, engineering changes, and board upgrades. It is understood and agreed that in the event Lessor approves a maintenance agreement with a maintenance company other than the manufacturer, Lessee remains obligated to return the Equipment in such condition as to be acceptable and eligible for a continued or renewed maintenance agreement with the operation manufacturer and to deliver to Lessor a manufacturer's letter certifying such eligibility at the time of itreturn.