DELIVERY AND ACCEPTANCE OF EQUIPMENT. (a) Lessor and Lessee agree that the vendor of the Equipment to Lessor or, as to any Equipment to be sold by Lessee to Lessor and leased back, the vendor of the Equipment to Lessee (in either case, the "Vendor") will be responsible to deliver the Equipment to Lessee at the location specified in the applicable Rental Schedule. Such delivery shall be delivery of the Equipment by Lessor to Lessee under this Lease unless such Equipment is to be sold by Lessee to Lessor and leased back. Provided that no Event of Default has occurred, no event which with the passage of time or giving of notice would be an Event of Default has occurred, and is continuing, and the conditions set forth in the next following paragraph have been met and the Equipment is not to be sold by Lessee to Lessor and leased back, Lessor hereby authorizes Lessee, acting as Lessor's agent, to accept for Lessor, and in Lessor's name, the Equipment from the Vendor upon delivery pursuant to the purchase contract for the Equipment. Such acceptance shall be acceptance of the Equipment by Lessee under this Lease. Nevertheless, if within five business days after Lessee has received delivery of an item of the Equipment, Lessee has not given Lessor written notice of a defect therein and Lessor has not notified Lessee not to accept the Equipment, Lessee shall be deemed to have (a) acknowledged receipt of such item of the Equipment in good condition and repair and (b) accepted such item of the Equipment under this Lease. Lessee agrees to confirm any acceptance of the Equipment by Lessee by executing a Certificate of Inspection and Acceptance and providing the same to Lessor in accordance with the notice provision hereof on or about the Lease Commencement Date, but no later than the date for payment to the Vendor.
DELIVERY AND ACCEPTANCE OF EQUIPMENT. Acceptance of the Equipment occurs upon delivery. When Xxxxxx receives the Equipment, Xxxxxx agrees to inspect it and to verify by telephone or in writing such information as Lessor may require. Delivery and installation costs are Lessee’s responsibility. If Xxxxxx signed a purchase contract for the Equipment, by signing this Lease Lessee assigns its rights, but none of its obligations under the purchase contract, to Lessor.
DELIVERY AND ACCEPTANCE OF EQUIPMENT. Acceptance of the Equipment occurs upon delivery. When Lessee receives the Equipment, Lessee agrees to inspect it and to verify by telephone or in writing such information as Lessor may require. Delivery and installation costs are the Lessee’s responsibility. If Lessee signed a purchase contract for the Equipment, by signing this Lease Lessee assigns its rights, but none of its obligations under the purchase contract, to Lessor.
DELIVERY AND ACCEPTANCE OF EQUIPMENT. Lessee shall order the Equipment, cause the Equipment to be delivered and installed at the location specified in each Lease, and pay any and all delivery and installation costs and applicable sales and other taxes in connection therewith. When the Equipment identified in any Lease has been delivered and installed, Lessee shall immediately inspect the Equipment and evidence its acceptance by executing and delivering to Lessor the Acceptance Certificate. If Xxxxxx signed a purchase contract for the Equipment, by signing a Schedule Lessee assigns its rights, but none of its obligations under the purchase contract, to Lessor.
DELIVERY AND ACCEPTANCE OF EQUIPMENT. 16. Upon acceptance for Lease by Lessee of any Equipment delivered to Lessee listed in Exhibit A, Lessee shall inspect each item of Equipment delivered pursuant to this Lease and shall immediately notify the Lessor of any discrepancies between such item of Equipment and the description of the Equipment in Exhibit A Before accepting delivery of the Equipment
DELIVERY AND ACCEPTANCE OF EQUIPMENT. (Check Appropriate Provision) Debtor’s obligations and liabilities to Lender are absolute and unconditional under all circumstances and regardless of any failure of operation or Debtor’s loss of possession of any item of Equipment or the cessation or interruption of Debtor’s business for any reason whatsoever. On , the Equipment being purchased with the proceeds of this Schedule A was delivered to Debtor with all installation and other work necessary for the proper use of the Equipment completed at a location agreed upon by Debtor; the Equipment was inspected by Debtor and found to be in satisfactory condition in all respects and delivery was unconditionally accepted by Debtor. The Equipment being purchased with the proceeds of this Schedule A has not yet been delivered to or accepted by Debtor and, upon delivery, Debtor agrees to execute such delivery and acceptance certificate as Lender requires. All of the Equipment was acquired by Debtor prior to the date hereof and was previously delivered to and unconditionally accepted by Debtor.
DELIVERY AND ACCEPTANCE OF EQUIPMENT. 2 SECTION 4. NO WARRANTIES BY LESSOR................................ 2 SECTION 5. LEASE NON-CANCELLABLE; PAYMENTS TO BE NET.............. 3 SECTION 6.
DELIVERY AND ACCEPTANCE OF EQUIPMENT. Promptly upon delivery and ------------------------------------ installation at Lessee's premises, Lessee shall inspect the Equipment, and if it is found to be acceptable, execute and deliver to Lessor either a Certificate of Delivery and Acceptance or a xxxx of sale. Thereafter, such Equipment shall be deemed to have been delivered to and accepted by Lessee and shall be subject to all the terms and conditions of this Lease and the respective Rental Schedule. In the event the Equipment is not accepted in each Rental Schedule, Lessor, at Lessor's option shall have the right to cancel said Rental Schedule.
DELIVERY AND ACCEPTANCE OF EQUIPMENT. (Check Appropriate Box) Debtor's obligations and liabilities to Secured Party are absolute and unconditional under all circumstances and regardless of any failure of operation or Debtor's loss of possession of any item of Equipment or the cessation or interruption of Debtor's business for any reason whatsoever. [X] On 6/2/99, the EQUIPMENT BEING PURCHASED WITH THE PROCEEDS OF THIS AGREEMENT WAS DELIVERED TO DEBTOR with all installation and other work necessary for the proper use of the Equipment completed at a location agreed upon by Debtor; the Equipment was inspected by Debtor and found to be in satisfactory condition in all respects and delivery was unconditionally accepted by Debtor. [ ] ALL OF THE EQUIPMENT WAS ACQUIRED BY DEBTOR PRIOR TO THE DATE HEREOF and was previously delivered to and unconditionally accepted by Debtor. [Debtor's Initials]
DELIVERY AND ACCEPTANCE OF EQUIPMENT. Lessor and Lessee understand that the manufacturer or vendor of the Equipment will deliver the Equipment to the premises of the Lessee specified in the Rental Schedule and such delivery shall be deemed to be delivery of the Equipment by Lessor to Lessee hereunder. Lessor hereby authorizes Lessee as its agent to accept for Lessor, and in Lessor's name, the Equipment from said manufacturer or vendor upon delivery. Upon such delivery, Lessee shall cause an inspector or inspectors of Lessee to inspect the Equipment, and if it is found to be acceptable to accept delivery of such Equipment and execute and deliver to Lessor a Certificate of Inspection and Acceptance stating that such Equipment has been inspected and accepted and is marked in accordance with Section 9 hereof, whereupon such Equipment shall be deemed to have been delivered to and accepted by Lessee and shall be subject thereafter to all terms and conditions of this Lease.
