Common use of Equipment Acquisition Clause in Contracts

Equipment Acquisition. ▇▇▇▇▇▇ agrees that it has been and will continue to be responsible for the preparation of the specifications for, the initiation of the bidding procedures with respect to and the letting of contracts for the purchase of the Equipment and for the acceptance of the Equipment pursuant to the provisions of the Purchase Agreements, copies of which are attached to this Agreement as Exhibit D. As of the date of this Agreement, Lessor shall pay the amount of One Hundred Ninety Seven Thousand Four Hundred Nine Dollars ($197,409.00) to the Acquisition Fund described below, which amount Lessee shall use to (i) pay the cost of the purchase of the Equipment to the Vendor in accordance with the terms of the Purchase Agreements, or (ii) obtain reimbursement when the Lessee has previously paid the Vendor directly for the purchase of Equipment. Upon making final payment under the Purchase Agreements, Lessee shall present to Lessor a Certificate of Acceptance signed by an Authorized Official of Lessee. Failure by the Vendor to perform under the Purchase Agreements shall not affect Lessee's obligation to make Rental Payments under this Agreement. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, ADEQUACY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. Lessee acknowledges that Lessor is not the Vendor or a manufacturer or dealer of the Equipment and that Lessee leases the Equipment hereunder "as is," it being acknowledged and agreed that no risk as to the value, condition, usefulness or fitness of the Equipment shall be borne by Lessor nor shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or Lessee's use of any item product or service provided for in this Agreement.

Appears in 1 contract

Sources: Lease and Option to Purchase Agreement

Equipment Acquisition. ▇▇▇▇▇▇ Lessee agrees that it has been and will continue to be responsible for the preparation of the specifications for, the initiation of the bidding procedures with respect to and the letting of contracts for the purchase of the Equipment and for the acceptance of the Equipment pursuant to the provisions of the Purchase AgreementsOrders, copies of which are attached to this Agreement as Exhibit D. EXHIBIT C. As of the date of this Agreement, Lessor shall pay the amount of One Hundred Ninety Seven Thousand Four Hundred Nine Dollars EITHY TWO THOUSAND, NINE HUNDRED THIRTY TWO ($197,409.0082,932.00) to the Acquisition Fund described belowLessee, which amount Lessee shall use to (i) pay the cost of the purchase of the Equipment to the Vendor Vendors in accordance with the terms of the Purchase Agreements, or (ii) obtain reimbursement when the Lessee has previously paid the Vendor directly for the purchase of EquipmentOrders. Upon making final payment under the Purchase AgreementsOrders, Lessee shall present to Lessor a Certificate of Acceptance signed by an Authorized Official of Lessee▇▇▇▇▇▇. Failure by the Vendor Vendors to perform under the Purchase Agreements Orders shall not affect Lessee's ’s obligation to make Rental Payments under this Agreement. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, ADEQUACY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. Lessee acknowledges that Lessor is not the Vendor or a manufacturer or dealer of the Equipment and that Lessee leases the Equipment hereunder "as is," ”, it being acknowledged and agreed that no risk as to the value, condition, usefulness or fitness of the Equipment shall be borne by Lessor nor shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or Lessee's ’s use of any item item, product or service provided for in this Agreement.

Appears in 1 contract

Sources: Lease and Option to Purchase Agreement

Equipment Acquisition. ▇▇▇▇▇▇ agrees that it has been and will continue to be responsible for the preparation of the specifications for, the initiation of the bidding procedures with respect to and the letting of contracts for the purchase of the Equipment and for the acceptance of the Equipment pursuant to the provisions of the Purchase AgreementsOrders, copies of which are attached to this Agreement as Exhibit D. EXHIBIT C. As of the date of this Agreement, Lessor shall pay the amount of One Hundred Ninety Seven Thousand Four Hundred Nine Dollars ONE HUNDRED THIRTY NINE THOUSAND, FIVE HUNDRED SIXTY THREE AND THREE CENTS ($197,409.00139,563.03) to the Acquisition Fund described belowLessee, which amount Lessee shall use to (i) pay a portion of the cost of the to purchase of the Equipment to from the Vendor Vendors in accordance with the terms of the Purchase Agreements, or (ii) obtain reimbursement when the Lessee has previously paid the Vendor directly for the purchase of EquipmentOrders. Upon making final payment under the Purchase AgreementsOrders, Lessee shall present to Lessor a Certificate of Acceptance signed by an Authorized Official of Lessee▇▇▇▇▇▇. Failure by the Vendor Vendors to perform under the Purchase Agreements Orders shall not affect Lessee's ’s obligation to make Rental Payments under this Agreement. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, ADEQUACY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. Lessee acknowledges that Lessor is not the Vendor or a manufacturer or dealer of the Equipment and that Lessee leases the Equipment hereunder "as is," ”, it being acknowledged and agreed that no risk as to the value, condition, usefulness or fitness of the Equipment shall be borne by Lessor nor shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or Lessee's ’s use of any item item, product or service provided for in this Agreement.

Appears in 1 contract

Sources: Lease and Option to Purchase Agreement

Equipment Acquisition. ▇▇▇▇▇▇ agrees that it has been and will continue to be responsible for the preparation of the specifications for, the initiation of the bidding procedures with respect to and the letting of contracts for the purchase of the Equipment and for the acceptance of the Equipment pursuant to the provisions of the Purchase AgreementsOrders, copies of which are attached to this Agreement as Exhibit D. EXHIBIT C. As of the date of this Agreement, Lessor shall pay the amount of One Hundred Ninety Seven Thousand Four Hundred Nine Dollars FOUR HUNDRED SIXTY-FIVE THOUSAND, EIGHT HUNDRED FIFTY FIVE ($197,409.00465,855) to the Acquisition Fund described belowLessee, which amount Lessee shall use to (i) pay a portion of the cost of the to purchase of the Equipment to from the Vendor Vendors in accordance with the terms of the Purchase Agreements, or (ii) obtain reimbursement when the Lessee has previously paid the Vendor directly for the purchase of EquipmentOrders. Upon making final payment under the Purchase AgreementsOrders, Lessee shall present to Lessor a Certificate of Acceptance signed by an Authorized Official of Lessee▇▇▇▇▇▇. Failure by the Vendor Vendors to perform under the Purchase Agreements Orders shall not affect Lessee's ’s obligation to make Rental Payments under this Agreement. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, ADEQUACY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. Lessee acknowledges that Lessor is not the Vendor or a manufacturer or dealer of the Equipment and that Lessee leases the Equipment hereunder "as is," ”, it being acknowledged and agreed that no risk as to the value, condition, usefulness or fitness of the Equipment shall be borne by Lessor nor shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or Lessee's ’s use of any item item, product or service provided for in this Agreement.

Appears in 1 contract

Sources: Lease and Option to Purchase Agreement

Equipment Acquisition. ▇▇▇▇▇▇ agrees that it has been and will continue to be responsible for the preparation of the specifications for, the initiation of the bidding procedures with respect to and the letting of contracts for the purchase of the Equipment and for the acceptance of the Equipment pursuant to the provisions of the Purchase Agreements, copies of which are attached to this Agreement as Exhibit D. As of the date of this Agreement, Lessor shall pay the amount of One Three Hundred Ninety Seven Eighty Five Thousand Four Two Hundred Nine Dollars ($197,409.00385,200.00) to the Acquisition Fund described below, which amount Lessee shall use to (i) pay the cost of the purchase of the Equipment to the Vendor in accordance with the terms of the Purchase Agreements, or (ii) obtain reimbursement when the Lessee has previously paid the Vendor directly for the purchase of Equipment. Upon making final payment under the Purchase Agreements, Lessee shall present to Lessor a Certificate of Acceptance signed by an Authorized Official of Lessee. Failure by the Vendor to perform under the Purchase Agreements shall not affect Lessee's obligation to make Rental Payments under this Agreement. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, ADEQUACY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. Lessee acknowledges that Lessor is not the Vendor or a manufacturer or dealer of the Equipment and that Lessee leases the Equipment hereunder "as is," it being acknowledged and agreed that no risk as to the value, condition, usefulness or fitness of the Equipment shall be borne by Lessor nor shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or Lessee's use of any item product or service provided for in this Agreement.

Appears in 1 contract

Sources: Lease and Option to Purchase Agreement

Equipment Acquisition. ▇▇▇▇▇▇ agrees that it has been and will continue to be responsible for the preparation of the specifications for, the initiation of the bidding procedures with respect to and the letting of contracts for the purchase of the Equipment and for the acceptance of the Equipment pursuant to the provisions of the Purchase AgreementsOrders, copies of which are attached to this Agreement as Exhibit D. EXHIBIT C. As of the date of this Agreement, Lessor shall pay the amount of One Hundred Ninety Seven Thousand Four Hundred Nine Dollars FIVE HUNDRED TWENTY ONE THOUSAND, THREE HUNDRED THIRTY FIVE ($197,409.00521,335.00) to the Acquisition Fund described belowLessee, which amount Lessee shall use to (i) pay the cost of the purchase of the Equipment to the Vendor Vendors in accordance with the terms of the Purchase Agreements, or (ii) obtain reimbursement when the Lessee has previously paid the Vendor directly for the purchase of EquipmentOrders. Upon making final payment under the Purchase AgreementsOrders, Lessee shall present to Lessor a Certificate of Acceptance signed by an Authorized Official of Lessee▇▇▇▇▇▇. Failure by the Vendor Vendors to perform under the Purchase Agreements Orders shall not affect Lessee's ’s obligation to make Rental Payments under this Agreement. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, ADEQUACY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. Lessee acknowledges that Lessor is not the Vendor or a manufacturer or dealer of the Equipment and that Lessee leases the Equipment hereunder "as is," ”, it being acknowledged and agreed that no risk as to the value, condition, usefulness or fitness of the Equipment shall be borne by Lessor nor shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or Lessee's ’s use of any item item, product or service provided for in this Agreement.

Appears in 1 contract

Sources: Lease and Option to Purchase Agreement

Equipment Acquisition. ▇▇▇▇▇▇ agrees that it has been and will continue to be responsible for the preparation of the specifications for, the initiation of the bidding procedures with respect to and the letting of contracts for the purchase of the Equipment and for the acceptance of the Equipment pursuant to the provisions of the Purchase AgreementsOrders, copies of which are attached to this Agreement as Exhibit D. EXHIBIT C. As of the date of this Agreement, Lessor shall pay the amount of One Hundred Ninety Seven Thousand Four Hundred Nine Dollars SEVEN HUNDRED NINETY-NINE THOUSAND, THREE HUNDRED EIGHTY FOUR ($197,409.00799,384) to the Acquisition Fund described belowLessee, which amount Lessee shall use to (i) pay a portion of the cost of the to purchase of the Equipment to from the Vendor Vendors in accordance with the terms of the Purchase Agreements, or (ii) obtain reimbursement when the Lessee has previously paid the Vendor directly for the purchase of EquipmentOrders. Upon making final payment under the Purchase AgreementsOrders, Lessee shall present to Lessor a Certificate of Acceptance signed by an Authorized Official of Lessee▇▇▇▇▇▇. Failure by the Vendor Vendors to perform under the Purchase Agreements Orders shall not affect Lessee's ’s obligation to make Rental Payments under this Agreement. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, ADEQUACY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. Lessee acknowledges that Lessor is not the Vendor or a manufacturer or dealer of the Equipment and that Lessee leases the Equipment hereunder "as is," ”, it being acknowledged and agreed that no risk as to the value, condition, usefulness or fitness of the Equipment shall be borne by Lessor nor shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or Lessee's ’s use of any item item, product or service provided for in this Agreement.

Appears in 1 contract

Sources: Lease and Option to Purchase Agreement

Equipment Acquisition. ▇▇▇▇▇▇ Lessee agrees that it has been and will continue to be responsible for the preparation of the specifications for, the initiation of the bidding procedures with respect to and the letting of contracts for the purchase of the Equipment and for the acceptance of the Equipment pursuant to the provisions of the Purchase AgreementsOrders, copies of which are attached to this Agreement as Exhibit D. EXHIBIT C. As of the date of this Agreement, Lessor shall pay the amount of One Hundred Ninety Seven Thousand Four Hundred Nine Dollars FOUR HUNDRED TWENTY SEVEN THOUSAND, FOUR HUNDRED SIXTY FIVE ($197,409.00427,465.00) to the Acquisition Fund described belowLessee, which amount Lessee shall use to (i) pay a portion of the cost of the to purchase of the Equipment to from the Vendor Vendors in accordance with the terms of the Purchase Agreements, or (ii) obtain reimbursement when the Lessee has previously paid the Vendor directly for the purchase of EquipmentOrders. Upon making final payment under the Purchase AgreementsOrders, Lessee shall present to Lessor a Certificate of Acceptance signed by an Authorized Official of Lessee▇▇▇▇▇▇. Failure by the Vendor Vendors to perform under the Purchase Agreements Orders shall not affect Lessee's ’s obligation to make Rental Payments under this Agreement. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, ADEQUACY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. Lessee acknowledges that Lessor is not the Vendor or a manufacturer or dealer of the Equipment and that Lessee leases the Equipment hereunder "as is," ”, it being acknowledged and agreed that no risk as to the value, condition, usefulness or fitness of the Equipment shall be borne by Lessor nor shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or Lessee's ’s use of any item item, product or service provided for in this Agreement.

Appears in 1 contract

Sources: Lease and Option to Purchase Agreement

Equipment Acquisition. ▇▇▇▇▇▇ agrees that it has been and will continue to be responsible for the preparation of the specifications for, the initiation of the bidding procedures with respect to and the letting of contracts for the purchase of the Equipment and for the acceptance of the Equipment pursuant to the provisions of the Purchase Agreements, copies of which are attached to this Agreement as Exhibit D. As of the date of this Agreement, Lessor shall pay the amount of One Million Five Hundred Ninety Seven Six Thousand Four Five Hundred Nine Fifty Dollars ($197,409.001,506,550.00) to the Acquisition Fund described below, which amount Lessee shall use to (i) pay the cost of the purchase of the Equipment to the Vendor in accordance with the terms of the Purchase Agreements, or (ii) obtain reimbursement when the Lessee has previously paid the Vendor directly for the purchase of Equipment. Upon making final payment under the Purchase Agreements, Lessee shall present to Lessor a Certificate of Acceptance signed by an Authorized Official of Lessee. Failure by the Vendor to perform under the Purchase Agreements shall not affect Lessee's obligation to make Rental Payments under this Agreement. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, ADEQUACY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. Lessee acknowledges that Lessor is not the Vendor or a manufacturer or dealer of the Equipment and that Lessee leases the Equipment hereunder "as is," it being acknowledged and agreed that no risk as to the value, condition, usefulness or fitness of the Equipment shall be borne by Lessor nor shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or Lessee's use of any item product or service provided for in this Agreement.

Appears in 1 contract

Sources: Lease and Option to Purchase Agreement

Equipment Acquisition. ▇▇▇▇▇▇ agrees that it has been and will continue to be responsible for the preparation of the specifications for, the initiation of the bidding procedures with respect to and the letting of contracts for the purchase of the Equipment and for the acceptance of the Equipment pursuant to the provisions of the Purchase AgreementsOrders, copies of which are attached to this Agreement as Exhibit D. EXHIBIT C. As of the date of this Agreement, Lessor shall pay the amount of One Hundred Ninety Seven Thousand Four Hundred Nine Dollars THREE HUNDRED FORTY-THREE THOUSAND, FOUR HUNDRED FIFTY ($197,409.00343,450.00) to the Acquisition Fund described belowLessee, which amount Lessee shall use to (i) pay a portion of the cost of the to purchase of the Equipment to from the Vendor Vendors in accordance with the terms of the Purchase Agreements, or (ii) obtain reimbursement when the Lessee has previously paid the Vendor directly for the purchase of EquipmentOrders. Upon making final payment under the Purchase AgreementsOrders, Lessee shall present to Lessor a Certificate of Acceptance signed by an Authorized Official of Lessee▇▇▇▇▇▇. Failure by the Vendor Vendors to perform under the Purchase Agreements Orders shall not affect Lessee's ’s obligation to make Rental Payments under this Agreement. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, ADEQUACY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. Lessee acknowledges that Lessor is not the Vendor or a manufacturer or dealer of the Equipment and that Lessee leases the Equipment hereunder "as is," ”, it being acknowledged and agreed that no risk as to the value, condition, usefulness or fitness of the Equipment shall be borne by Lessor nor shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or Lessee's ’s use of any item item, product or service provided for in this Agreement.

Appears in 1 contract

Sources: Lease and Option to Purchase Agreement

Equipment Acquisition. ▇▇▇▇▇▇ Lessee agrees that it has been and will continue to be responsible for the preparation of the specifications for, the initiation of the bidding procedures with respect to and the letting of contracts for the purchase of the Equipment and for the acceptance of the Equipment pursuant to the provisions of the Purchase AgreementsOrders, copies of which are attached to this Agreement as Exhibit D. EXHIBIT C. As of the date of this Agreement, Lessor shall pay the amount of One Hundred Ninety Seven Thousand Four Hundred Nine Dollars ONE HUNDRED EIGHTY SIX THOUSAND FOUR HUNDER THIRTY SEVEN ($197,409.00186,437.00) to the Acquisition Fund described belowLessee, which amount Lessee shall use to (i) pay the cost of the purchase of the Equipment to the Vendor Vendors in accordance with the terms of the Purchase Agreements, or (ii) obtain reimbursement when the Lessee has previously paid the Vendor directly for the purchase of EquipmentOrders. Upon making final payment under the Purchase AgreementsOrders, Lessee shall present to Lessor a Certificate of Acceptance signed by an Authorized Official of Lessee. Failure by the Vendor Vendors to perform under the Purchase Agreements Orders shall not affect Lessee's =s obligation to make Rental Payments under this Agreement. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, ADEQUACY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. Lessee acknowledges that Lessor is not the Vendor or a manufacturer or dealer of the Equipment and that Lessee leases the Equipment hereunder "as is," ”, it being acknowledged and agreed that no risk as to the value, condition, usefulness or fitness of the Equipment shall be borne by Lessor nor shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or Lessee's ’s use of any item item, product or service provided for in this Agreement.

Appears in 1 contract

Sources: Lease and Option to Purchase Agreement