Common use of DELIVERY AND ACCEPTANCE OF EQUIPMENT Clause in Contracts

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. (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 ten business days after Lessee has received delivery of an item of the Equipment, Lessee has not given notifies Lessor written in accordance with the notice provisions hereof of a defect therein and Lessor has not notified Lessee not to accept the Equipment, Lessee shall not 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. Except as provided in the preceding sentence, 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. Lessee shall hold Lessor harmless from any claims in respect of such rejected Equipment as provided in Section 9 of this Master Lease.

DELIVERY AND ACCEPTANCE OF EQUIPMENT. (a) 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 vendor Lessee shall have full and absolute responsibility for the delivery of the Equipment to Lessor orthe location designated by the Lessee and that, as to any Equipment to be sold by Lessee to Lessor and leased backthe Lessee's execution of this Agreement, the vendor 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 to Lessee (shall not impair, and shall not in either caseany manner be deemed a waiver of, Lessor's or Lessee's warranty rights for the "Vendor") will be responsible to deliver the Equipment to Lessee at the location specified in the applicable Rental ScheduleEquipment. 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 As long as no Event of Default (as defined in Section 18 hereof) has occurred, no event which with the passage of time or giving of notice would be an Event of Default has occurred, 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 backcontinuing hereunder, Lessor hereby appoints and authorizes Lessee, acting the Lessee to act as Lessor's its agent, to accept for Lessor, Lessor and in Lessor's name, the Equipment from the Vendor manufacturer or vendor upon delivery pursuant to the purchase contract for the Equipmentdelivery. Such acceptance shall be acceptance of the Equipment by Lessee under this Lease. NeverthelessTHE 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, if within five business days after Lessee has received delivery of an item of the EquipmentINCLUDING, Lessee has not given Lessor written notice of a defect therein and Lessor has not notified Lessee not to accept the EquipmentBUT NOT LIMITED TO, 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 DateTHE OBLIGATION TO THE MONTHLY RENT, but no later than the date for payment to the VendorWHICH OBLIGATION IS UNCONDITIONAL AND ABSOLUTE.

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 20 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. (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. (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 Lessors 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.