Common use of Customer Covenants Clause in Contracts

Customer Covenants. Customer hereby covenants for the Rental Term of each Trailer, as follows: (a) Customer shall not, shall not cause, or shall not suffer to permit the Trailers to be operated in any jurisdiction other than the continental United States of America. (b) Customer shall not, shall not cause, or shall not suffer to permit the Trailers to be used for any purpose other than that which is consistent with Customer’s business purpose as set forth in the Application or as otherwise approved in writing by Lessor. (c) Customer shall be responsible for tracking (e.g., knowing the location and/or destination of) all Trailers at all times. (d) To the extent that any hub-odometer or refrigerated van clock(s) have been removed or have failed to function, Customer shall immediately (i) repair the same and (ii) notify Lessor. For the avoidance of doubt, Customer shall bear all cost and expense related to the repair or replacement thereof. (e) Customer shall, at its sole expense, comply with any and all federal, state, municipal, or local laws and regulations of the jurisdictions within which it operates the Trailers, including, but not limited to, DOT, and the Federal Motor Carrier Safety Act (each as amended and as may be applicable), which in any way affect or are applicable to the use, operation (including, but not limited to loading limitations together with excessive impact and concentrated load practices), storage or possession of the Trailers. (f) Customer shall not permit or suffer to permit any Trailer to be operated by any person other than an agent or employee of Customer, in each case, a careful, dependable operator licensed to operate the Trailer and not operating under the influence of alcohol or drugs. (g) Customer shall not use or suffer to permit the use of any of Trailers for storage or transportation of any corrosive substances, Hazardous Materials (as further defined below), hazardous wastes, high-density poorly secured materials, bulk commodities which may corrode, oxidize, severely dent, puncture, contaminate, stain or damage the interior or exterior of the Trailers or which could result in injury or damage to subsequent users of the Trailers or make any other use of the Trailers which could result in such injury or damage. “Hazardous Materials” means any hazardous, special, radioactive or toxic substance, material or waste which is or becomes regulated by the federal government, the state, the county or the city, and includes, without limitation, any material or substance which is (i) petroleum, (ii) asbestos, (iii) designated as a hazardous substance pursuant to the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq., (iv) defined as a “hazardous waste” pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et. seq., (v) defined as a “hazardous substance” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et. seq., (vi) defined as a “regulated substance” pursuant to the Solid Waste Disposal Act, 42 U.S.C. 6991 et. seq., (vii) defined as a toxic “chemical substance” pursuant to the Toxic Substance Control Act, 7 U.S.C. §§ 136 et. seq., (viii) defined as a “hazardous chemical” or “hazardous substance” pursuant to the Emergency Planning and Community Right to Know Act, 42 U.S.C. §§ 11001 et. seq., or (ix) defined as a “radioactive waste” pursuant to the Atomic Energy Act, 42 U.S.C. §§ 2011 et seq. If any Trailer is determined to have been used to transport or store any such products, Customer shall purchase such Trailer within fifteen (15) calendar days of Lessor sending the bill of sale and invoice. Further, Customer shall execute a bill of sale as buyer thereunder pursuant to which Customer shall purchase, in immediately available funds, from Lessor, with all warranties disclaimed, “as-is/where-is”, such Trailer(s) for a purchase price which is 115% of the market value for such Trailer’s(s’) year, make, model in comparable condition as set forth in the respective Delivery Form for such Trailer(s). To the extent that Customer does not comply with the forgoing, such Trailer(s) shall, on subsequent Invoices, continue to accrue Rental Rate for such Trailer however multiplied by five, until Lessor is compensated for purchase price set forth above.

Customer Covenants. With respect to any Trailer, Customer hereby covenants for the Rental Term of each TrailerTerm, as follows: (a) Customer shall not, shall not cause, or shall not suffer to permit the Trailers Trailer to be operated in any jurisdiction other than Canada. Should the continental United States Trailer enter a jurisdiction other than Canada, the Customer agrees to pay to Xxxxxx a penalty fee of America.$2,500 plus $1,000 for each additional day the Trailer remains outside of Canada; (b) Customer shall not, shall not cause, or shall not suffer to permit the Trailers Trailer to be used for any purpose other than that which is consistent with Customer’s business purpose the Intended Use as set forth in the Application Rental Contract or as otherwise approved in writing by Lessor.; (c) Customer shall be responsible for tracking (e.g., knowing the location and/or destination of) all Trailers of the Trailer and being in possession of any keys thereto at all times.; (d) To the extent that any hub-odometer or refrigerated van clock(s) have been removed or have failed to function, Customer shall immediately (i) repair the same and (ii) notify Lessor. For the avoidance of doubt, Customer shall bear all cost and expense related to the repair or replacement thereof. (e) Customer shall, at its sole expense, comply with any and all federal, stateprovincial, municipal, municipal or local laws and regulations of the jurisdictions within which it operates the TrailersTrailer, including, but not limited toto the MTO, DOTthe Ontario Highway Traffic Act, the National Safety Code and the Federal Motor Carrier Safety Act (each as amended and as may be applicable)Transport Canada, which in any way affect or are applicable to the use, operation (including, but not limited to loading limitations together with excessive impact and concentrated load practices), storage or possession of the Trailers.Trailer; (fe) Customer shall not permit or suffer to permit any the Trailer to be operated by any person other than an agent or employee of Customer, in each case, a careful, dependable operator licensed to operate the Trailer and not operating under the influence of alcohol or drugs; (f) Customer shall take care to secure and monitor any Trailer as reasonably required. The Trailer shall be locked at all times when not in use and proper and secure parking shall be provided. Customer shall protect any Trailer against inclement weather (including, but not limited to, snow accumulation) which may cause damage to the Trailer. (g) Customer shall not remove, disable or in any way interfere with the operation of any GPS-tracking equipment (each, a "GPS Unit") that may be on a Trailer. Should a GPS Unit be damaged or lost, Customer shall be responsible for the cost of its replacement. (h) Customer shall not use or suffer to permit the use of any of Trailers the Trailer for storage or transportation of any corrosive substances, Hazardous Materials Products (as further defined belowin the Hazardous Products Act), corrosive materials, hazardous wastes, high-density poorly secured materials, bulk commodities which may corrode, oxidize, severely dent, puncture, contaminate, stain stain, or damage the interior or exterior of the Trailers Trailer or which could result in injury or damage to subsequent users of the Trailers or make any other use of the Trailers which could result in such injury or damage. “Hazardous Materials” means any hazardous, special, radioactive or toxic substance, material or waste which is or becomes regulated by the federal government, the state, the county or the city, and includes, without limitation, any material or substance which is (i) petroleum, (ii) asbestos, (iii) designated as a hazardous substance pursuant to the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq., (iv) defined as a “hazardous waste” pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et. seq., (v) defined as a “hazardous substance” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et. seq., (vi) defined as a “regulated substance” pursuant to the Solid Waste Disposal Act, 42 U.S.C. 6991 et. seq., (vii) defined as a toxic “chemical substance” pursuant to the Toxic Substance Control Act, 7 U.S.C. §§ 136 et. seq., (viii) defined as a “hazardous chemical” or “hazardous substance” pursuant to the Emergency Planning and Community Right to Know Act, 42 U.S.C. §§ 11001 et. seq., or (ix) defined as a “radioactive waste” pursuant to the Atomic Energy Act, 42 U.S.C. §§ 2011 et seqTrailer. If any Trailer is determined by the Lessor to have been used to transport or store any such products, Customer shall purchase such Trailer from Lessor and shall, within fifteen (15) calendar days of Lessor sending the bill of sale and invoice. Furtherdays, Customer shall execute a bill of sale as buyer thereunder pursuant to which Customer shall purchase, in immediately available funds, purchase the Trailer from Lessor, with all warranties disclaimed, “as-is/where-is”, such Trailer(s) for a purchase price which is 115% of the market replacement value for such Trailer’s(s’) year, make, model in comparable condition as set forth in the respective Delivery Form applicable Rental Contract (the "Replacement Value"); and (i) Customer shall update Lessor in writing of (i) any and all changes to Customer’s information provided in this Agreement and (ii) any Customer default on any of its material agreements, including, but not limited to, commercial leases, bank or debt documents and any other commercial documents obligating Customer for such Trailer(s). To the extent that Customer does not comply with the forgoing, such Trailer(s) shall, on subsequent Invoices, continue to accrue Rental Rate for such Trailer however multiplied by five, until Lessor is compensated for purchase price set forth abovepayment.

Customer Covenants. Customer hereby covenants for the Rental Term of each Trailer, as follows: (a) Customer shall not, shall not cause, or shall not suffer to permit the Trailers to be operated in any jurisdiction other than the continental United States of America. (b) Customer shall not, shall not cause, or shall not suffer to permit the Trailers to be used for any purpose other than that which is consistent with Customer’s business purpose as set forth in the Application or as otherwise approved in writing by Lessor. (c) Customer shall be responsible for tracking (e.g., knowing the location and/or destination of) all Trailers at all times. (d) To the extent that any hub-odometer hubodometer or refrigerated van clock(s) have been removed or have failed to function, Customer shall immediately immediately (i) repair the same and (ii) notify Lessor. For the avoidance of doubt, Customer shall bear all cost and expense related to the repair or replacement thereof. (e) Customer shall, at its sole expense, comply with any and all federal, state, municipal, or local laws and regulations of the jurisdictions within which it operates the Trailers, including, but not limited to, DOT, and the Federal Motor Carrier Safety Act (each as amended and as may be applicable), which in any way affect or are applicable to the use, operation (including, but not limited to loading limitations together with excessive impact and concentrated load practices), storage or possession of the Trailers. (f) Customer shall not permit or suffer to permit any Trailer to be operated by any person other than an agent or employee of Customer, in each case, a careful, dependable operator licensed to operate the Trailer and not operating under the influence of alcohol or drugs. (g) Customer shall not use or suffer to permit the use of any of Trailers for storage or transportation of any corrosive substances, Hazardous Materials (as further defined below), hazardous wastes, high-density poorly secured materials, bulk commodities which may corrode, oxidize, severely dent, puncture, contaminate, stain stain, or damage the interior or exterior of the Trailers or which could result in injury or damage to subsequent users of the Trailers or make any other use of the Trailers which could result in such injury or damage. “Hazardous Materials” means any hazardous, special, radioactive radioactive, or toxic substance, material or waste which is or becomes regulated by the federal government, the state, the county county, or the city, and includes, without limitation, any material or substance which is (i) petroleum, (ii) asbestos, (iii) designated as a hazardous substance pursuant to the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq., (iv) defined as a “hazardous waste” pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et. seq., (v) defined as a “hazardous substance” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et. seq., (vi) defined as a “regulated substance” pursuant to the Solid Waste Disposal Act, 42 U.S.C. 6991 et. seq., (vii) defined as a toxic “chemical substance” pursuant to the Toxic Substance Control Act, 7 U.S.C. §§ 136 et. seq., (viii) defined as a “hazardous chemical” or “hazardous substance” pursuant to the Emergency Planning and Community Right to Know Act, 42 U.S.C. §§ 11001 et. seq., or (ix) defined as a “radioactive waste” pursuant to the Atomic Energy Act, 42 U.S.C. §§ 2011 et seq. If any Trailer is determined to have been used to transport or store any such products, Customer shall purchase such Trailer within fifteen (15) calendar days of Lessor sending the bill of sale and invoice. Further, Customer shall execute a bill of sale as buyer thereunder pursuant to which Customer shall purchase, in immediately available funds, from Lessor, with all warranties disclaimed, “as-is/where-is”, such Trailer(s) for a purchase price which is 115% of the market value for such Trailer’s(s’) year, make, model in comparable condition as set forth in the respective Delivery Form for such Trailer(s). To the extent that Customer does not comply with the forgoing, such Trailer(s) shall, on subsequent Invoices, continue to accrue Rental Rate for such Trailer however multiplied by five, until Lessor is compensated for purchase price set forth above.,

Customer Covenants. With respect to any Trailer, Customer hereby covenants for the Rental Term of each TrailerTerm, as follows: (a) Customer shall not, shall not cause, or shall not suffer to permit the Trailers Trailer to be operated in any jurisdiction other than the continental United States of America.Canada; (b) Customer shall not, shall not cause, or shall not suffer to permit the Trailers Trailer to be used for any purpose other than that which is consistent with Customer’s business purpose the use as set forth in the Application Rental Contract or as otherwise approved in writing by Lessor.; (c) Customer shall be responsible for tracking (e.g., knowing the location and/or destination of) all Trailers of the Trailer and being in possession of the keys thereto at all times.; (d) To the extent that any hub-odometer or refrigerated van clock(s) have been removed or have failed to function, Customer shall immediately (i) repair the same and (ii) notify Lessor. For the avoidance of doubt, Customer shall bear all cost and expense related to the repair or replacement thereof. (e) Customer shall, at its sole expense, comply with any and all federal, stateprovincial, municipal, municipal or local laws and regulations of the jurisdictions within which it operates the TrailersTrailer, including, but not limited toto the MTO, DOTthe Ontario Highway Traffic Act, the National Safety Code and the Federal Motor Carrier Safety Act (each as amended and as may be applicable)Transport Canada, which in any way affect or are applicable to the use, operation (including, but not limited to loading limitations together with excessive impact and concentrated load practices), storage or possession of the Trailers.Trailer; (fe) Customer shall not permit or suffer to permit any the Trailer to be operated by any person other than an agent or employee of Customer, in each case, a careful, dependable operator licensed to operate the Trailer and not operating under the influence of alcohol or drugs; (f) Customer shall take care to secure and monitor any Trailer as reasonably required. The Trailer shall be locked at all times when not in use and proper and secure parking shall be provided. Customer shall protect any Trailer against inclement weather which may cause damage. Customer shall not remove, disable or in any way interfere with the operation of any GPS-tracking equipment (each, a "GPS Unit") that may be on a Trailer. Should a GPS Unit be damaged or lost, Customer shall be responsible for the cost of its replacement. (g) Customer shall not use or suffer to permit the use of any of Trailers the Trailer for storage or transportation of any corrosive substances, Hazardous Materials Products (as further defined belowin the Hazardous Products Act), corrosive materials, hazardous wastes, high-density poorly secured materials, bulk commodities which may corrode, oxidize, severely dent, puncture, contaminate, stain stain, or damage the interior or exterior of the Trailers Trailer or which could result in injury or damage to subsequent users of the Trailers or make any other use of the Trailers which could result in such injury or damage. “Hazardous Materials” means any hazardous, special, radioactive or toxic substance, material or waste which is or becomes regulated by the federal government, the state, the county or the city, and includes, without limitation, any material or substance which is (i) petroleum, (ii) asbestos, (iii) designated as a hazardous substance pursuant to the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq., (iv) defined as a “hazardous waste” pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et. seq., (v) defined as a “hazardous substance” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et. seq., (vi) defined as a “regulated substance” pursuant to the Solid Waste Disposal Act, 42 U.S.C. 6991 et. seq., (vii) defined as a toxic “chemical substance” pursuant to the Toxic Substance Control Act, 7 U.S.C. §§ 136 et. seq., (viii) defined as a “hazardous chemical” or “hazardous substance” pursuant to the Emergency Planning and Community Right to Know Act, 42 U.S.C. §§ 11001 et. seq., or (ix) defined as a “radioactive waste” pursuant to the Atomic Energy Act, 42 U.S.C. §§ 2011 et seqTrailer. If any Trailer is determined by the Lessor to have been used to transport or store any such products, Customer shall purchase such Trailer from Lessor and shall, within fifteen (15) calendar days of Lessor sending the bill of sale and invoice. Furtherdays, Customer shall execute a bill of sale as buyer thereunder pursuant to which Customer shall purchase, in immediately available funds, purchase the Trailer from Lessor, with all warranties disclaimed, “as-is/where-is”, such Trailer(s) for a purchase price which is 115% of the market replacement value for such Trailer’s(s’) year, make, model in comparable condition as set forth in the respective Delivery Form applicable Rental Contract (the "Replacement Value"); and (h) Customer shall update Lessor in writing of (i) any and all changes to Customer’s information provided in this Agreement and (ii) any Customer default on any of its material agreements, including, but not limited to, commercial leases, bank or debt documents and any other commercial documents obligating Customer for such Trailer(s). To the extent that Customer does not comply with the forgoing, such Trailer(s) shall, on subsequent Invoices, continue to accrue Rental Rate for such Trailer however multiplied by five, until Lessor is compensated for purchase price set forth abovepayment.