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.
(b) Conditions precedent to every progress payment and Lease Term Commencement shall include that (i) no payment shall be past due to Lessor or any assign of Lessor from Lessee or any Guarantor (as hereinafter defined), whether as a lessee, a guarantor or in some other capacity;
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. (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. [ ] On _______________________ , 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. [ ] The Equipment being purchased with the proceeds of this Agreement has not yet been delivered to or accepted by Debtor and, upon delivery, Debtor agrees to executed such delivery and acceptance certificate as Secured Party requires. [X] 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. (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. (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. (a) Lessor and Lessee understand that the vendor of the Equipment will deliver the Equipment to the location specified In the Rental Schedule. As between Lessor and Lessee, Lessee's acceptance for lease hereunder of any Equipment (as evidenced by its execution and delivery to Lessor of a Certificate of Inspection and Acceptance with respect to such Equipment) constitutes Lessee's acknowledgement that such Equipment in all respects conforms to the requirements of this Lease and is subject to all of the terms and conditions of this Lease. Lessor hereby authorizes Lessee as its agent to accept for Lessor, and in Lessor's name, the Equipment from the Manufacturer or vendor thereof upon delivery; (b) with respect to any items of Equipment that are titled vehicles, Lessee will, on behalf of the Lessor and at the Lessee's expense, promptly obtain an application for the Lessor's title for each Item of Equipment, reflecting the Lessor or its assignee as owner and whomever the Lessor shall designate as first lienholder, the Manufacturer's certificate of title and a certificate of registration issued in the name of the Lessor or its assignee. Certificates of ownership shall be delivered to the Lessor or to whomever the Lessor shall designate. The Lessee shall, at Lessee's expense, take such action as shall be necessary from time to time to avoid suspension or revocation of any certificates of ownership and to renew and maintain all certificates of registration. If the Lessee is required to obtain any new certificate of ownership or of registration, the Lessee shall, at Lessee's sole expense and after prior written notice to the Lessor, obtain such new certificate of ownership or of registration in the manner provided herein. The Lessor appoints the Lessee its attorney-in-fact for the purpose of carrying out the Lessee's obligations pursuant to this Section 2. The Lessee shall notify the Lessor of the state in which each item of Equipment is titled and registered, the license plate number of each item of Equipment, and any changes of such state or license plate number.
DELIVERY AND ACCEPTANCE OF EQUIPMENT. 2 SECTION 4. NO WARRANTIES BY LESSOR.............................
DELIVERY AND ACCEPTANCE OF EQUIPMENT. Lessor and Lessee agree ------------------------------------ that the manufacturer or vendor of the Equipment has delivered or will deliver the Equipment to the location specified by Lessee. Lessor and Lessee agree that the Lessee shall have full and absolute responsibility for the delivery of the Equipment to the location designated by the Lessee and that, by the Lessee's execution of this Agreement, the Lessee has been deemed to have acknowledged that the Equipment conforms to the requirements of this Agreement and is subject to the terms and conditions of this Agreement. Such acknowledgment and acceptance of the Equipment shall not impair, and shall not in any manner be deemed a waiver of, Lessor's or Lessee's warranty rights for the Equipment. As long as no Event of Default (as defined in Section 18 hereof) has occurred and is continuing hereunder, Lessor hereby appoints and authorizes the Lessee to act as its agent, to accept for Lessor and in Lessor's name, the Equipment from the manufacturer or vendor upon delivery. THE FAILURE OF THE MANUFACTURER OR VENDOR TO DELIVER THE EQUIPMENT TO THE LESSEE OR TO THE LOCATION DESIGNATED BY THE LESSEE SHALL NOT IN ANY WAY AFFECT THE LESSEE'S OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE OBLIGATION TO THE MONTHLY RENT, WHICH OBLIGATION IS UNCONDITIONAL AND ABSOLUTE.
