Equipment Orders. (a) Lessee, pursuant to the agency granted to it by Lessor in Article I hereof, may receive, accept and pay for the Equipment to be leased by Lessor to Lessee pursuant to the Lease. Upon and as of the date of issuance hereunder by Lessee of a Purchase Order with respect to Equipment, Lessee shall be unconditionally obligated to lease such Equipment from Lessor pursuant to the terms and conditions of the Lease and the applicable Schedule. Upon and as of the date of acceptance of the Equipment by Lessee and satisfaction of the conditions precedent provided for herein and in the Lease, Lessor shall be unconditionally obligated to purchase such Equipment pursuant to the terms of the applicable Purchase Order and to lease such Equipment to Lessee pursuant to the terms and conditions of the Lease and the applicable Schedule.
(b) Notwithstanding any provision to the contrary herein, Lessee's ability to act as Lessor's agent hereunder, and unconditionally to obligate Lessor to purchase Equipment pursuant to such agency, shall be limited by the following: (1) Lessee must disclose in writing to all Suppliers that it is ordering the Equipment as agent for "General Electric Capital Corporation or its nominee"; (2) all of the Equipment ordered and/or accepted hereunder must meet at least one of the general description categories, and must be within the quantity, specific description, manufacturers, hard/soft cost allocation, and total cost parameters, contained on Schedule A attached hereto; (3) the aggregate Purchase Price for all Equipment purchased in connection with the Lease must be less than, or equal to, the Capitalized Lessor's Cost specified on Schedule A attached hereto; (4) the Equipment must be delivered to, and accepted by, Lessee on or before the Last Delivery Date specified in Schedule A attached hereto; and (5) the Purchase Price of each unit of Equipment must not be more than the then current fair market value of such Equipment. Lessor may refuse to purchase Equipment pursuant to such agency if Lessor determines, in its sole discretion, that the foregoing conditions have not been satisfied; and such refusal shall not constitute a breach by Lessor hereunder or under the Lease.
(c) Lessee additionally agrees that all Purchase Orders executed by Lessee shall: (1) not permit passage of title for the Equipment earlier than such acceptance by Lessee; (2) not permit the Supplier or any other person or entity to retain any security interest in, or lien on, any...
Equipment Orders. 2.1 The Customer shall be entitled to place an Order with Three for any Equipment made available by Three from time to time.
2.2 Three’s acceptance of an Order for Equipment is subject to availability and Three may reject any Order for Equipment without liability or penalty.
2.3 Three reserves the right to add to, substitute or to discontinue any item of Equipment at any time. Three does not guarantee the continuing availability of any particular item of Equipment.
Equipment Orders. During the term of this Agreement, QSI agrees to make available for purchase by IMC a minimum of:
(a) [***]
(b) [***]
(c) [***] Unless otherwise agreed by the parties in writing, IMC may order up to [***] during any calendar month. Within ten (10) days after receipt of a written purchase order from IMC, QSI will deliver each piece of Equipment ordered per IMC’s specifications, which may or may not include cables, software, licenses and other essential components which constitute the particular piece of Equipment, to the location designated by IMC in the purchase order at IMC’s expense; provided, however, IMC reserves the right to approve the method and provider for delivery. Attached to this Agreement as Exhibit A is IMC’s projection of the Equipment it plans to order each month during the term of this Agreement. IMC reserves the right, exercisable in its sole discretion, to modify Exhibit A upon thirty (30) days prior notice to QSI. Exhibit A is only a projection and this Agreement, along with Exhibit A, does not obligate IMC to purchase any Equipment from QSI. [***]Confidential material redacted and filed separately with the Commission. This Agreement constitutes a security agreement and pledge agreement for all purposes under the Uniform Commercial Code and California Law. QSI shall be the security holder of any and all Equipment provided to IMC under this Agreement, for which the Purchase Price (see below) has not been completely paid. The UCC filing will place QSI in first position regarding all Equipment sold to IMC. Upon full payment of the Purchase Price, QSI will promptly file proper documentation which releases QSI’s security interest in that particular piece of Equipment. IMC will then own that particular piece of Equipment free and clear of any liens or encumbrances.
Equipment Orders. All Equipment orders must be placed by ARAMARK Supply Chain Management with a hard copy purchase order. "Equipment" means all Products other than Consumable Supplies.
Equipment Orders. 4.1 Each Equipment Order is subject to and incorporates the Lease Terms so that no other terms and conditions which the Supplier tries to impose under any quotation, confirmation of order, delivery note, invoice or similar document are part of the Call-Off Contract.
4.2 The Parties agree that any other terms or conditions (whether or not inconsistent with the terms of this Call-Off Contract) contained or referred to in any correspondence or any documentation submitted by the Supplier which is not part of the Framework Contract or which are elsewhere implied by custom, practice or course of dealing do not apply.
4.3 The Supplier must send a confirmation of the Equipment Order to the Buyer by electronic means (or in any other method as the Parties may agree from time to time) within forty-eight (48) hours of receipt of the Equipment Order and the confirmation will confirm the order details including:
4.4.1 a description of the piece of Equipment ordered;
4.4.2 details of any optional extras ordered and any conversion work to be carried out;
4.4.3 the anticipated delivery details; and
4.4.4 the name and address of the Supplier.
4.4 For the avoidance of doubt, each Equipment Order survives the expiration or termination of the Framework Contract.
Equipment Orders. Concurrently with issuance by Lessee of a purchase order hereunder with respect to the Equipment, Lessee shall provide a copy thereof to Lessor. Each purchase order issued by Lessee pursuant hereto shall comply with the terms and conditions of this Section 2.01.
Equipment Orders. The Contractor shall ship newly-requested POS equipment (and associated supplies), including rental POS equipment, to Participants within seven (7) Business Days of the request, and non-failure-related replacement equipment (and associated supplies) to Participants within three (3) Business Days of a written request, unless otherwise approved in writing by the requestor at the time of the request or unless the POS equipment is not commercially available for reasons outside of the Contractor’s control. If the requested POS equipment is not commercially available, the Contractor shall propose a comparable alternative to the requestor for approval within two (2) Business Days. If approved, the Contractor shall ship alternate POS equipment within seven (7) Business Days of approval. The Department will make all POS equipment requests on behalf of Agency Participants. Local Government Participants will make such requests on their own behalf.
Equipment Orders. The Borrower has issued purchase orders for Equipment, Software and services to be purchased from Lucent under the Lucent Agreement for Ten Million Dollars ($10,000,000) of Equipment, Software and services ordered subsequent to March 17, 1999 and delivered to the Borrower by March 31, 1999.
