DELIVERY AND ACCEPTANCE CERTIFICATE. TO: LESSOR RE: MASTER EQUIPMENT LEASE DATED: May 26, 1994 Equipment Schedule # 1 ------------------------------------------------------------------------------ The undersigned represents and warrants that the equipment described in Equipment Schedule # 1 which has been made a part of the Master Equipment Lease between Lessor and Lessee, dated May 26, 1994, has been delivered to and accepted by Lessee and any installation or other work to be performed by Lessor, if any, necessary prior to our use of the equipment has been completed in a satisfactory manner. The undersigned affirms that except as provided in the Asset Purchase Agreement, LESSOR HAS MADE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO, THE CONDITION OR QUALITY OF THE EQUIPMENT, ITS YEAR OF MANUFACTURE, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. Without prejudice to any rights we may have against the manufacturer or supplier, we accept the original Equipment AS IS, WHERE IS, with respect to our agreement with Lessor. We acknowledge that Lessor has selected the manufacturer and supplier of the Original Equipment but has no responsibility for the performance of the Original Equipment. We agree that all claims, defenses, and setoffs shall be settled directly with the supplier or manufacturer without affecting our obligations to Lessor. The undersigned certifies the equipment is now located at Durant, Oklahoma. DO NOT SIGN THIS CERTIFICATE UNTIL THE EQUIPMENT HAS ACTUALLY BEEN RECEIVED AND ACCEPTED. LESSOR MAY RELY ON THIS CERTIFICATE IN ADVANCING FUNDS. Date: May 26, 1994 WASTE-QUIP MANUFACTURING COMPANY By: /s/ Charxxx X. Xxxxxx ------------------------------ Title: Chairman ------------------------------ PROPERTY SCHEDULE # 1 (including payment terms) This Property Schedule is part of the Master Equipment Lease dated May 26, 1994, between MAY FABRICATING CO., INC., as Lessor, and WASTE-QUIP MANUFACTURING COMPANY, as Lessee.
A. PROPERTY LOCATION: 101 Xxxxxxx Xxxxx Durant, Oklahoma 74702
X. BASE RENT: Initial installment shall be due on the 1st day of a calendar month day following Lessee's occupancy of the Premises. The initial installment shall be $587.00, and thereafter, on the first of each month, a monthly installment of $587.00 shall be due.
DELIVERY AND ACCEPTANCE CERTIFICATE is a document signed by the Parties confirming the delivery of the Facility for its use in accordance with the Permitted Use in the manner and under the terms of the Agreement, executed by the Parties in the form specified in Appendix No. 2 to the Agreement.
DELIVERY AND ACCEPTANCE CERTIFICATE. Buyer shall signify its acceptance of the Aircraft and the condition thereof by deposit of the Purchase Price for the Aircraft and by executing a delivery and acceptance certificate acknowledging delivery and acceptance of the Aircraft (the “Delivery and Acceptance Certificate”). The Delivery and Acceptance Certificate shall be substantially in the form as set forth in Exhibit D that is attached hereto and made a part hereof.
DELIVERY AND ACCEPTANCE CERTIFICATE. This Certificate hereby certifies that:
DELIVERY AND ACCEPTANCE CERTIFICATE. TO: COMMERCIAL CREDIT GROUP INC. (Lessor/Secured Party/Payee) RE: Lease Agreement and/or Security Agreement and/or Promissory Note dated January 15, 2005, between Stone Cold Enterprises, Inc., as Lessee/Debtor/Maker (herein called “Obligor”), and COMMERCIAL CREDIT GROUP INC. as Lessor/Secured Party/ Payee, (herein called “Contract”). On the Property (as more fully described in the Contract) was delivered to Obligor with all installation and other work necessary for the proper use of the Property completed at the location agreed upon by Obligor and the Property was inspected by Obligor and found to be in satisfactory condition in all respects and delivery was unconditionally accepted by Obligor. Obligor further acknowledges that Lessor/Secured Party/Payee makes no warranties expressed or implied, as to the suitability, durability, fitness for use, merchantability, condition, quality or otherwise of any Property and Obligor specifically waives all rights to make claim against Lessor/Secured Party/Payee or its assignee or endorsee. Lessor/Secured Party/Payee or its assignee or endorsee shall not be liable to Obligor for any loss, damage or expense of any kind or nature caused directly or indirectly by any Property, or the use or maintenance thereof or the failure of operation thereof, or the repairs, service or adjustment thereto, or by any delay or failure to provide any thereof, or by any interruption of service or loss of use thereof or for any loss of business or damage whatsoever and howsoever caused. No defect or unfitness of Property shall relieve Obligor of any obligation under the Contract. Lessor/Secured Party/Payee may assign the Contract without notice to Obligor, and upon such assignment Obligor agrees not to assert against any assignee or endorsee hereof any defense, set-off, recoupment, claim, counterclaim or cross-claim which Obligor may have against Lessor/Secured Party/Payee, whether arising hereunder or otherwise. Dated January 15, 2005 Stone Cold Enterprises, Inc. (Obligor) By: Its: ( Title)
DELIVERY AND ACCEPTANCE CERTIFICATE. The equipment under this Lease has been inspected by the undersigned and was received in a satisfactory workable condition and it is fit for the purpose for which it was/is intended. If this Lease is executed by the LESSEE prior to the time that the LESSEE has taken delivery and possession of the equipment, then the LESSEE warrants that it will, within 24 hours of taking delivery and possession of the equipment, make an inspection as it deems necessary and notify the LESSOR in writing of any items of dissatisfaction to the LESSEE. If, within 24 hours of delivery of the equipment to the LESSEE, the LESSOR does not receive from the LESSEE written notice of dissatisfaction concerning the equipment, then the LESSEE is deemed to have received the equipment in satisfactory condition and it waives any right that it might have to assert anything to the contrary. The Lessee also confirms and acknowledges that the Lessor is under no obligation to inspect service or otherwise maintain the equipment. The Lessee has read the Lease and is aware of and understands the terms and conditions thereof and in particular, but not limited to paragraph 21 (Representations and Warranties). The Lessee acknowledges that the Lessor is not a manufacturer or distributor of the equipment, nor an agent of the supplier, and that this agreement is intended as a lease and is subject to the terms and conditions of such agreement.
DELIVERY AND ACCEPTANCE CERTIFICATE. Lease Date: Lease No.: Lessee’s Name and Address: County: Attn: Phone: ( ) - Lessor’s Name and Address: County: Erie 000 Xxxxxxx Xxxxxx Xxxxxxxxxxx Xxx X&X Xxxxx Xxxxxxx, Xxx Xxxx 00000 Attn: Counsel’s Office Phone: (000) 000-0000 LESSEE: Municipal Corporation or other Political Subdivision of the State of QTY. EQUIPMENT DESCRIPTION (Mfg., Model No., Item) SERIAL NO. See Schedule A attached hereto and made a part hereof Initial Equipment Location (if different from above): Vendor: Lessee hereby certifies that as of this date, the Equipment described above has been delivered to and accepted by Xxxxxx after complete inspection and testing, is correctly described in the Lease (with the exception of serial numbers which, if omitted now, may be supplied by Lessee in the future by telephone and inserted in the description by Lessor or its assignee), is in good working order, and is satisfactory to Lessee in all respects. Lessee reaffirms that Xxxxxx’s obligation to pay all amounts due and to become due and to perform all other obligations under the Lease is absolute and that any recourse Lessee might have in case of any nonperformance, unsuitability or other failure of the Equipment shall lie with the manufacturer or vendor and in no case with Lessor or its assignee.
DELIVERY AND ACCEPTANCE CERTIFICATE. If Lessee cancels or terminates a Lease prior to delivery of the Equipment or if Lessee fails or refuses to sign the Delivery and Acceptance Certificate within a reasonable time, not to exceed five (5) business days, after the Equipment has been delivered, Lessor will have the option of treating the Lease as cancelled by Lessee and Lessee will automatically assume all of Lessor’s rights and obligations as purchaser of the Equipment, whether under any agreements with the Supplier and/or the Manufacturer or otherwise.
DELIVERY AND ACCEPTANCE CERTIFICATE. The term “Delivery and Acceptance Certificate” means the certificate executed by Oakley upon accepting delivery of the Aircraft, the form of which is attached hereto as Exhibit A.
DELIVERY AND ACCEPTANCE CERTIFICATE. Purchaser has received a Delivery and Acceptance Certificate, in form and substance satisfactory to Purchaser and the Participants, duly executed by Wxxxxxxx, which such certificate unconditionally accepts the Vessel under the Charter and irrevocably authorizes the Purchaser to disburse the Purchase Price as provided in the first recital on page one of this Agreement and to fund the Security Deposit required under the Charter;
