Common use of Condition of Equipment Clause in Contracts

Condition of Equipment. Each Unit when returned to Lessor pursuant to Section 6.1 shall be (i) capable of performing the functions for which it was designed, with all loading and unloading components operating in good working order with allowance for normal wear and tear, (ii) suitable for continued commercial use in the commodity last carried immediately prior to such return, (iii) suitable for use in interchange in accordance with then applicable Federal regulations, the Field Manual of the AAR, the Interchange Rules and FRA rules and regulations, (iv) in all material respects in the condition required by Section 8.1, (v) in conformance with any requirement pertaining to warranties of the Manufacturer of the Units during the warranty period then in effect, (vi) empty, (vii) cleaned in accordance with Prudent Industry Practice, including with respect to Hazardous Substances and (viii) free and clear of all Liens except Lessor's Liens. All logs, records, books and other materials, or appropriate copies of any thereof, relating to the maintenance of such Unit shall be delivered to Lessor or its designee upon the return of such Unit. Lessor shall have the right to inspect any Unit that is returned pursuant to Section 6.1 to ensure that such Unit is in compliance with the conditions set forth in this Section 6.2, at Lessor's sole cost, expense and risk (including, without limitation, the risk of personal injury or death), by its authorized representatives, during Lessee's normal business hours and upon reasonable prior notice to Lessee; provided, however, that Lessee shall not be liable for any injury to, or the death of, any Person exercising, on behalf of Lessor, the rights of inspection granted under this Section 6.2 unless caused by Lessee's gross negligence or willful misconduct); and provided further that if as a result of such inspection any Unit is found to be not in compliance with this Section 6.2, the Lessee will (i) promptly take such steps as are necessary to bring such Unit in compliance with the conditions set forth in this Section 6.2 and (ii) pay the reasonable cost and expense of the original inspection of such Unit and any reinspection of such Unit conducted by Lessor required because of such non-compliance with Section 6.2. No inspection pursuant to this Section 6.2 shall interfere with the normal conduct of Lessee's business or the normal conduct of any Sublessee's business, and Lessee shall not be required to undertake or incur any additional liabilities in connection therewith. A Unit shall not be deemed to have been returned for purposes of this Lease unless and until it is in compliance with the conditions set forth in this Section 6.2.

Appears in 8 contracts

Samples: Equipment Lease Agreement (Trinity Industries Inc), Equipment Lease Agreement (Trinity Industries Inc), Equipment Lease Agreement (Trinity Industries Inc)

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Condition of Equipment. Each Unit when returned to Lessor pursuant to Section 6.1 shall be (i) capable of performing the functions for which it was designed, with all loading and unloading components operating in good working order with allowance for normal wear and tear, (ii) suitable for continued commercial use in the commodity last carried immediately prior to such return, (iii) suitable for use in interchange in accordance with then applicable Federal regulations, the Field Manual of the AAR, the Interchange Rules and FRA rules and regulations, (iv) in all material respects in the condition required by Section 8.1, (v) in conformance with any requirement pertaining to warranties of the Manufacturer manufacturer of the Units during the warranty period then in effectperiod, (vi) empty, (vii) unless industry custom or practice indicates to the contrary, steam cleaned or otherwise cleaned in accordance with Prudent Industry Practice, including with respect to Hazardous Substances a comparable commercially acceptable manner and (viii) free and clear of all Liens except Lessor's Liens. All logs, records, books and other materials, or appropriate Lease Agreement (TRLI 2001-1B) copies of any thereof, relating to the maintenance of such Unit shall shall, upon Lessor's request, be delivered to Lessor or its designee upon the return of such Unit. Lessor shall have the right to inspect any Unit that is returned pursuant to Section 6.1 to ensure that such Unit is in compliance with the conditions set forth in this Section 6.2, at Lessor's sole cost, expense and risk (including, without limitation, the risk of personal injury or death), by its authorized representatives, during Lessee's normal business hours and upon reasonable prior notice to Lessee; provided, however, that Lessee shall not be liable for any injury to, or the death of, any Person exercising, on behalf of Lessor, the rights of inspection granted under this Section 6.2 unless caused by Lessee's gross negligence or willful wilful misconduct); and provided further provided, that if as a result of such inspection any Unit is found to be not in compliance with the conditions set forth in this Section 6.2, the then Lessee will (i) promptly take such steps as are necessary to bring such Unit in compliance with the conditions set forth in this Section 6.2 and (ii) pay the reasonable reason able cost and expense of the original inspection of such Unit and any reinspection of such Unit conducted by Lessor required because of such non-compliance with Section 6.2. No inspection pursuant to this Section 6.2 shall interfere with the normal conduct of Lessee's business or the normal conduct of any Sublessee's business, and Lessee shall not be required to undertake or incur any additional liabilities in connection therewith. A Unit shall not be deemed to have been returned to Lessor for purposes of this Lease unless and until it is in compliance with the conditions set forth in this Section 6.2.

Appears in 3 contracts

Samples: Equipment Lease Agreement (Trinity Industries Inc), Lease Agreement (Trinity Industries Inc), Lease Agreement (Trinity Industries Inc)

Condition of Equipment. Each Unit when returned to Lessor pursuant to Section 6.1 shall be (i) capable of performing the functions for which it was designed, with all loading and unloading components operating in good working order with allowance for normal wear and tear, (ii) suitable for continued commercial use in the commodity last carried immediately prior to such return, (iii) suitable for use in interchange in accordance with then applicable Federal regulations, the Field Manual of the AAR, the Interchange Rules and FRA rules and regulations, (iv) in all material respects in the condition required by Section 8.1, (v) in conformance with any requirement pertaining to warranties of the Manufacturer manufacturer of the Units during the warranty period then in effectperiod, (vi) empty, (vii) unless industry custom or practice indicates to the contrary, steam cleaned or otherwise cleaned in accordance with Prudent Industry Practice, including with respect to Hazardous Substances a comparable commercially acceptable manner and (viii) free and clear of all Liens except Lessor's Liens. All logs, records, books and other materials, or appropriate copies of any thereof, relating to the maintenance of such Unit shall shall, upon Lessor's request, be delivered to Lessor or its designee upon the return of such Unit. Lessor shall have the right to inspect any Unit that is returned pursuant to Section 6.1 to ensure that such Unit is in compliance with the conditions set forth in this Section 6.2, at Lessor's sole cost, expense and risk (including, without limitation, the risk of personal injury or death), by its authorized representatives, during Lessee's normal business hours and upon reasonable prior notice to Lessee; provided, however, that Lease Agreement (TRLI 2001-1C) Lessee shall not be liable for any injury to, or the death of, any Person exercising, on behalf of Lessor, the rights of inspection granted under this Section 6.2 unless caused by Lessee's gross negligence or willful wilful misconduct); and provided further provided, that if as a result of such inspection any Unit is found to be not in compliance with the conditions set forth in this Section 6.2, the then Lessee will (i) promptly take such steps as are necessary to bring such Unit in compliance with the conditions set forth in this Section 6.2 and (ii) pay the reasonable cost and expense of the original inspection of such Unit and any reinspection of such Unit conducted by Lessor required because of such non-compliance with Section 6.2. No inspection pursuant to this Section 6.2 shall interfere with the normal conduct of Lessee's business or the normal conduct of any Sublessee's business, and Lessee shall not be required to undertake or incur any additional liabilities in connection therewith. A Unit shall not be deemed to have been returned to Lessor for purposes of this Lease unless and until it is in compliance with the conditions set forth in this Section 6.2.

Appears in 3 contracts

Samples: Equipment Lease Agreement (Trinity Industries Inc), Lease Agreement (Trinity Industries Inc), Lease Agreement (Trinity Industries Inc)

Condition of Equipment. Each Unit when returned to Lessor pursuant to Section 6.1 shall be (i) capable of performing the functions for which it was designed, with all loading and unloading components operating in good working order with allowance for normal wear and tear, (ii) suitable for continued commercial use in the commodity last carried immediately prior to such return, (iii) suitable for use in interchange in accordance with then applicable Federal regulations, the Field Manual of the AAR, the Interchange Rules and FRA rules and regulations, (iv) in all material respects in the condition required by Section 8.1, (v) in conformance with any requirement pertaining to warranties of the Manufacturer manufacturer of the Units during the warranty period then in effectperiod, (vi) empty, (vii) unless industry custom or practice indicates to the contrary, steam cleaned or otherwise cleaned in accordance with Prudent Industry Practice, including with respect to Hazardous Substances a comparable commercially acceptable manner and (viii) free and clear of all Liens except Lessor's Liens. All logs, records, books and other materials, or appropriate copies of any thereof, relating to the maintenance of such Unit shall shall, upon Lessor's request, be delivered to Lessor or its designee upon the return of such Unit. Lessor shall have the right to inspect any Unit that is returned pursuant to Section 6.1 to ensure that such Unit is in compliance with the conditions set forth in this Section 6.2, at Lessor's sole cost, expense and risk (including, without limitation, the risk of personal injury or death), by its authorized representatives, during Lessee's normal business hours and upon reasonable prior notice to Lessee; provided, however, that Lessee shall not be liable for any injury to, or the death of, any Person exercising, on behalf of Lessor, the rights of inspection granted under this Section 6.2 unless caused by Lessee's gross negligence or willful misconduct); and provided further provided, that if as a result of such inspection any Unit is found to be not in compliance with the conditions set forth in this Section 6.2, the then Lessee will (i) promptly take such steps as are necessary to bring such Unit in compliance with the conditions set forth in this Section 6.2 and (ii) pay the reasonable reason-able cost and expense of the original inspection of such Unit and any reinspection of such Unit conducted by Lessor required because of such non-compliance with Section 6.2. No inspection pursuant to this Section 6.2 shall interfere with the normal conduct of Lessee's business or the normal conduct of any Sublessee's business, and Lessee shall not be required to undertake or incur any additional liabilities in connection therewith. A Unit shall not be deemed to have been returned to Lessor for purposes of this Lease unless and until it is in compliance with the conditions set forth in this Section 6.2.

Appears in 3 contracts

Samples: Equipment Lease Agreement (Trinity Industries Inc), Equipment Lease Agreement (Trinity Industries Inc), Equipment Lease Agreement (Trinity Industries Inc)

Condition of Equipment. Each Unit when returned to Lessor ---------------------- pursuant to Section 6.1 shall be (i) capable of performing the functions for which it was designed, with all loading and unloading components operating in good working order with allowance for normal wear and tear, (ii) suitable for continued commercial use in the commodity last carried immediately prior to such return, (iii) suitable for use in interchange in accordance with then applicable Federal regulations, the Field Manual of the AAR, the Interchange Rules and FRA rules and regulations, (iv) in all material respects in the condition required by Section 8.1, (v) in conformance with any requirement pertaining to warranties of the Manufacturer manufacturer of the Units during the warranty period then in effectperiod, (vi) empty, (vii) unless industry custom or practice indicates to the contrary, steam cleaned or otherwise cleaned in accordance with Prudent Industry Practicea comparable commercially acceptable manner, including with respect to Hazardous Substances and (viii) free and clear of all Liens except Lessor's Liens. All logs, records, books and other materials, or appropriate copies of any thereof, relating to the maintenance of such Unit shall shall, upon Lessor's request, be delivered to Lessor or its designee upon the return of such Unit. Lessor shall have the right to inspect any Unit that is returned pursuant to Section 6.1 to ensure that such Unit is in compliance with the conditions set forth in this Section 6.2, at Lessor's sole cost, expense and risk (including, without limitation, the risk of personal injury or death), by its authorized representatives, during Lessee's normal business hours and upon reasonable prior notice to Lessee; provided, however, that Lessee shall not be liable for any injury to, or the death of, any Person exercising, on behalf of Lessor, the rights of inspection granted under this Section 6.2 unless caused by Lessee's gross negligence or willful wilful misconduct); and provided further provided, that if as a result of such inspection any Unit is found to be not in compliance with the conditions set forth in this Section 6.2, the then Lessee will (i) promptly take such steps as are necessary to bring such Unit in compliance with the conditions set forth in this Section 6.2 and (ii) pay the reasonable cost and expense of the original inspection of such Unit and any reinspection of such Unit conducted by Lessor required because of such non-compliance with Section 6.2. No inspection pursuant to this Section 6.2 shall interfere with the normal conduct of Lessee's business or the normal conduct of any Sublessee's business, and Lessee shall not be required to undertake or incur any additional liabilities in connection therewith. A Unit shall not be deemed to have been returned to Lessor for purposes of this Lease unless and until it is in compliance with the conditions set forth in this Section 6.2.

Appears in 1 contract

Samples: Equipment Lease Agreement (General American Railcar Corp Ii)

Condition of Equipment. Each Unit when returned to Lessor pursuant to this Section 6.1 6 shall be (i) capable of performing the functions for which it was designed, with all loading and unloading components operating in good working order with allowance for normal wear and tear, (ii) suitable for continued commercial use in the commodity last carried immediately prior to such return, (iii) suitable for use in interchange by a new owner in the operating lease business in accordance with then applicable Federal regulations, the Field Manual of the AAR, the Interchange Rules regulations (including but not limited to AAR and FRA rules and regulationsFRA), (iv) in all material respects in the condition required by Section 8.1, (v) in conformance with any requirement pertaining to warranties of the Manufacturer manufacturer of the Units during the warranty period then in effectperiod, (vi) empty, (vii) steam cleaned or otherwise cleaned in accordance with Prudent Industry Practicea comparable commercially acceptable manner, including with respect to Hazardous Substances and (viii) free and clear of all Liens except Lessor's LiensLiens and Permitted Liens of the type described in clause (iii) of the definition of Permitted Liens to the extent arising as a result of a fleet wide action which includes such Unit. All logs, records, books and other materials, or appropriate copies of any thereof, materials relating to the maintenance of such Unit shall shall, upon request, be delivered to Lessor or its designee upon the return of such Unit. Lessor shall have the right to inspect any Unit that is returned pursuant to Section 6.1 to ensure that such Unit is in compliance with the conditions set forth in this Section 6.2, at Lessor's sole cost, expense and risk (including, without limitation, the risk of personal injury or death), by its authorized representatives, during Lessee's normal business hours and upon reasonable prior notice to Lessee; provided, however, that Lessee shall not be liable for any injury to, or the death of, any Person exercising, on behalf of Lessor, the rights of inspection granted under this Section 6.2 unless caused by Lessee's gross negligence or willful wilful misconduct); and provided further provided, that if as a result of such inspection any Unit is found to be not in compliance with the conditions set forth in this Section 6.2, the 6.2 then Lessee will (i) promptly take such steps as are necessary to bring such Unit in compliance with the conditions set forth in this Section 6.2 and (ii) pay the reasonable cost and expense of the original inspection of such Unit and any reinspection of such Unit conducted by Lessor required because of such non-compliance with Section 6.2. No inspection pursuant to this Section 6.2 shall interfere with the normal conduct of Lessee's business or the normal conduct of any Sublesseesublessee's business, and Lessee shall not be required to undertake or incur any additional liabilities in connection therewith. A Unit shall not be deemed to have been returned to Lessor for purposes of this Lease unless and until it is in compliance with the conditions set forth in this Section 6.2.

Appears in 1 contract

Samples: Equipment Lease Agreement (Gatx Rail Corp)

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Condition of Equipment. Each Unit when returned to ---------------------- Lessor pursuant to this Section 6.1 6 shall be (i) capable of performing the functions for which it was designed, with all loading and unloading components operating in good working order with allowance for normal wear and tear, (ii) suitable for continued commercial use in the commodity last carried immediately prior to such return, (iii) suitable for use in interchange by a new owner in the operating lease business in accordance with then applicable Federal regulations, the Field Manual of the AAR, the Interchange Rules regulations (including but not limited to AAR and FRA rules and regulationsFRA), (iv) in all material respects in the condition required by Section 8.1, (v) in conformance with any requirement pertaining to warranties of the Manufacturer manufacturer of the Units during the warranty period then in effectperiod, (vi) empty, (vii) steam cleaned or otherwise cleaned in accordance with Prudent Industry Practicea comparable commercially acceptable manner, including with respect to Hazardous Substances and (viii) free and clear of all Liens except Lessor's LiensLiens and Permitted Liens of the type described in clause (iii) of the definition of Permitted Liens to the extent arising as a result of a fleet wide action which includes such Unit. All logs, records, books and other materials, or appropriate copies of any thereof, materials relating to the maintenance of such Unit shall shall, upon request, be delivered to Lessor or its designee upon the return of such Unit. Lessor shall have the right to inspect any Unit that is returned pursuant to Section 6.1 to ensure that such Unit is in compliance with the conditions set forth in this Section 6.2, at Lessor's sole cost, expense and risk (including, without limitation, the risk of personal injury or death), by its authorized representatives, during Lessee's normal business hours and upon reasonable prior notice to Lessee; provided, however, ----------------- that Lessee shall not be liable for any injury to, or the death of, any Person exercising, on behalf of Lessor, the rights of inspection granted under this Section 6.2 unless caused by Lessee's gross negligence or willful wilful misconduct); and provided further provided, that if as a result of such inspection any Unit is found to be not in compliance with the conditions ---------------- set forth in this Section 6.2, the 6.2 then Lessee will (i) promptly take such steps as are necessary to bring such Unit in compliance with the conditions set forth in this Section 6.2 and (ii) pay the reasonable cost and expense of the original inspection of such Unit and any reinspection of such Unit conducted by Lessor required because of such non-non- compliance with Section 6.2. No inspection pursuant to this Section 6.2 shall interfere with the normal conduct of Lessee's business or the normal conduct of any Sublesseesublessee's business, and Lessee shall not be required to undertake or incur any additional liabilities in connection therewith. A Unit shall not be deemed to have been returned to Lessor for purposes of this Lease unless and until it is in compliance with the conditions set forth in this Section 6.2.

Appears in 1 contract

Samples: Equipment Lease Agreement (Gatx Rail Corp)

Condition of Equipment. Each Unit when returned to Lessor ---------------------- pursuant to Section 6.1 shall be (i) capable of performing the functions for which it was designed, with all loading and unloading components operating in good working order with allowance for normal wear and tearorder, (ii) suitable for continued commercial use in the commodity last carried immediately prior to such return, (iii) suitable for use in interchange by a new owner in the operating lease business in accordance with then applicable Federal regulations, the Field Manual of the AAR, the Interchange Rules and FRA rules and regulations (including any such regulations, rules or Manual requirements or other applicable law requiring a Required Modification which has a final implementation date which is within 90 days of the Basic Term Expiration Date; provided that if the final implementation date -------- for such Required Modification program is more than 90 days after the Basic Term Expiration Date, then there shall also be provided to Lessor an Officer's Certificate of the Lessee and the Manager to the effect that there has been no discrimination in the making of such Required Modification as between the returned Unit which has not received such Required Modification and any other railcars generally in the Manager's Fleet), (iv) in all material respects in the condition required by Section 8.1, (v) in conformance with any requirement pertaining to warranties of the Manufacturer manufacturer of the Units during the warranty period then in effectperiod, (vi) empty, (vii) unless industry custom or practice indicates to the contrary, steam cleaned or otherwise cleaned in accordance with Prudent Industry Practicea comparable commercially acceptable manner, including with respect to Hazardous Substances and (viii) free and clear of all Liens except Lessor's Liens. All logs, records, books and other materials, or appropriate copies of any thereof, relating to the maintenance of such Unit shall shall, upon Lessor's request, be delivered to Lessor or its designee upon the return of such Unit. Lessor shall have the right to inspect any Unit that is returned pursuant to Section 6.1 to ensure that such Unit is in compliance with the conditions set forth in this Section 6.2, at Lessor's sole cost, expense and risk (including, without limitation, the risk of personal injury or death), by its authorized representatives, during Lessee's normal business hours and upon reasonable prior notice to Lessee; provided, however, that Lessee shall not be liable for any injury to, or the death of, any Person exercising, on behalf of Lessor, the rights of inspection granted under this Section 6.2 unless caused by Lessee's gross negligence or willful wilful misconduct); and provided further provided, that if as a result of such inspection any Unit is found to be not in compliance with the conditions set forth in this Section 6.2, the then Lessee will (i) promptly take such steps as are necessary to bring such Unit in compliance with the conditions set forth in this Section 6.2 and (ii) pay the reasonable cost and expense of the original inspection of such Unit and any reinspection of such Unit conducted by Lessor required because of such non-compliance with Section 6.2. No inspection pursuant to this Section 6.2 shall interfere with the normal conduct of Lessee's business or the normal conduct of any Sublesseesublessee's business, and and, except as provided herein, Lessee shall not be required to undertake or incur any additional liabilities in connection therewith. A Unit shall not be deemed to have been returned to Lessor for purposes of this Lease unless and until it is in compliance with the conditions set forth in this Section 6.2.

Appears in 1 contract

Samples: Equipment Lease Agreement (General American Railcar Corp Ii)

Condition of Equipment. Each Unit Lessee assumes all obligation and liability with respect to the possession of the Equipment, and for its use, condition and storage when returned the Equipment is in Lessee’s Care, Custody, or Control except if, and to Lessor pursuant to Section 6.1 shall be (i) capable the extent caused by the negligence or willful misconduct, latent defects of performing the functions for which it was designedEquipment or breach of this Agreement of Lessor. Lessee will, with all loading and unloading components operating at Xxxxxx’s own expense, maintain the Equipment in good working order with allowance for normal the same condition appearance as when received, excluding reasonable wear and tear. While the Equipment is in Lessee’s Care, Custody or Control, Lessee shall ensure that all Equipment be serviced every 3,000 miles (iiwhich shall include regular oil changes) suitable and generators be serviced every 200 hours of use. Lessee shall cause all such services to be performed by qualified professionals. Lessee shall provide Lessor evidence of the performance of such services (which may be by detailed proof of payment). Equipment rental charges hereunder will not be prorated or abated while the Equipment is being serviced or repaired for continued commercial use any reason for which Lessee is liable to pay for or perform. Except and to the extent caused by the negligence or willful misconduct of Lessor, latent defects in the commodity last carried immediately prior to such returnEquipment or breach of this Agreement, (iii) suitable for use in interchange in accordance with then applicable Federal regulations, the Field Manual of the AAR, the Interchange Rules and FRA rules and regulations, (iv) in all material respects in the condition required by Section 8.1, (v) in conformance with any requirement pertaining to warranties of the Manufacturer of the Units during the warranty period then in effect, (vi) empty, (vii) cleaned in accordance with Prudent Industry Practice, including with respect to Hazardous Substances and (viii) free and clear of all Liens except Lessor's Liens. All logs, records, books and other materials, or appropriate copies of any thereof, relating to the maintenance of such Unit shall be delivered to Lessor or its designee upon the return of such Unit. Lessor shall have the right to inspect any Unit that is returned pursuant to Section 6.1 to ensure that such Unit is in compliance with the conditions set forth in this Section 6.2, at Lessor's sole cost, expense and risk (including, without limitation, the risk of personal injury or death), by its authorized representatives, during Lessee's normal business hours and upon reasonable prior notice to Lessee; provided, however, that Lessee shall will not be liable for or have any injury toobligation to provide service, maintenance, repairs, or parts for the death ofEquipment, except as set forth herein or otherwise agreed to by the parties. All installations, replacements, and substitutions of parts or accessories with respect to any Person exercising, on behalf of the Equipment will become part of the Equipment and will be deemed to be owned by Lessor. In the event that service or repair costs incurred by Xxxxxx are later determined to be chargeable to Lessor, the rights of inspection granted under this Section 6.2 unless caused such actual and verifiable costs incurred by Lessee's gross negligence or willful misconduct); and provided further that if as a result of such inspection any Unit is found to be not in compliance with this Section 6.2, the Lessee will (i) promptly take such steps as are necessary to bring such Unit in compliance with the conditions set forth in this Section 6.2 and (ii) pay the reasonable cost and expense of the original inspection of such Unit and any reinspection of such Unit conducted be reimbursed by Lessor required because based on the lesser of such non-compliance with Section 6.2Lessor’s current repair rates and the actual amount paid by Xxxxxx. No inspection pursuant to this Section 6.2 shall interfere with the normal conduct of Lessee's business or the normal conduct of any Sublessee's business, and Lessee shall not make repairs to any Equipment without Lessor’s prior written consent (not to be unreasonably withheld, conditioned or delayed). Notwithstanding the foregoing, should Lessor conclude that the need for such repairs constitutes an emergency, Lessee may, with prior authorization from Lessor, cause such repair to be made by a qualified third party. If applicable, Lessee shall be responsible for performing any necessary and applicable systematic maintenance and periodic safety inspections on the Equipment as required pursuant to undertake all applicable laws (including as required under Title 13 of the California Code of Regulations Section 1232, Title 49 of the Code of Federal Regulations Section 396.3), With respect to California, Lessor shall perform a BIT with respect to each vehicle rented by Lessee. The Lessor-performed BIT will suffice for the initial thirty (30) days after the delivery of such vehicle to Lessee. Lessee shall be responsible (at Xxxxxx’s cost) to perform the BIT as required from time to time by the State of California after such initial thirty (30) day period. Lessee shall provide Lessor with appropriate and timely evidence of Xxxxxx’s performance of the BIT and any other state or federal required inspections or testing. Lessee will permit Lessor and its authorized agents at any reasonable time(s) to inspect and examine the Equipment, provided that such inspections by Lessor and its authorized agents do not unreasonably interfere with Xxxxxx’s use of the Equipment. If Lessee rents a diesel vehicle with a diesel particulate filter, the ‘regen’ warning light or ‘engine’ light may blink to indicate that a ‘regen’ is required. The driver of the vehicle will ensure that the ‘regen’ process is completed timely. Failure to do so will result in the vehicle going into a ‘limp mode’ or may cause the vehicle to cease working, either of which will then require a field service call to be made by Lessor in order to return the vehicle to operational mode. This field service call fee will be $400 if the vehicle is located within 30 miles from Lessor’s premises. Field service calls for vehicles located in excess of 30 miles from Lessor’s premises will incur any additional liabilities in connection therewith. A Unit shall not be deemed charges to have been returned for purposes of this Lease unless and until it is in compliance with the conditions set forth in this Section 6.2Lessee.

Appears in 1 contract

Samples: Master Rental Agreement

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