Common use of EQUIPMENT OWNERSHIP; LIENS; LOCATION Clause in Contracts

EQUIPMENT OWNERSHIP; LIENS; LOCATION. As between Lessor and Lessee, Lessor is the sole owner of the Equipment and has sole title thereto, Lessee covenants that it will not pledge or encumber the Equipment or Lessor’s interest in the Equipment in any manner whatsoever nor create or permit to exist any xxxx, xxxx or encumbrance thereof or thereon except those created by or through Lessor. The Equipment shall remain Lessor’s personal property whether or not affixed to realty and shall not become a fixture or be made to become a part of any real property on which it is placed without Lessor’s prior written consent. If Lessee has been provided tags or identifying labels, Lessee will at Lessee’s expense affix and maintain the same in a prominent position on each item of Equipment to indicate Lessor’s ownership. Lessee may relocate any Equipment from the Equipment Location specified in the applicable Schedule to another of its business locations within the United States within five days written notice to Lessor specifying the new Equipment Location, provided Lessee remains in possession and control of the Equipment. Lessee shall not locate or relocate any Equipment such that any third party comes into possession or control thereof without Lessor’s prior written consent; provided, however, that Lessor shall not unreasonably withhold its consent to the location or relocation of Equipment to a third party co-location or hosting facility if such third party shall have executed and delivered to Lessor a waiver agreement in form and substance acceptable to Lessor pursuant to which, among other things, such third party shall have waived any rights to the Equipment and agreed to surrender the Equipment to Lessor in the event of a Lessee Default under this Master Agreement.

EQUIPMENT OWNERSHIP; LIENS; LOCATION. As between Lessor and Lessee, Lessor is the sole owner of the Equipment and has sole title thereto, Lessee shall not make any representation to any third party inconsistent with Xxxxxx’s sole ownership of the Equipment. Lessee covenants that with respect to each Lease that: (i) it will not pledge or encumber the Equipment or Lessor’s interest in the Equipment in any manner whatsoever nor create or permit to exist any xxxx, xxxx or encumbrance thereof or thereon except those created by or through Lessor. The ; (ii) the Equipment shall remain Lessor’s personal property whether or not affixed to realty and shall not become a fixture or be made to become a part of any real property on which it is placed without Lessor’s prior written consent. If ; and (iii) Lessee has been provided tags or identifying labels, Lessee will at Lessee’s expense affix and shall maintain the same Equipment so that it does not become essential to and may be removed from any building in a prominent position on each item which it is placed without any damage to the building or the Equipment. Lessee may permit use of the Equipment to indicate Lessor’s ownershipby its affiliates or independent contractors at the Equipment Location provided it does not relinquish possession and control of the Equipment. Provided Lessee remains in possession and control of the Equipment, Lessee may relocate any Equipment from the Equipment Location specified in the applicable Lease Schedule to another of its business locations within the United States within five days State of the Equipment Location upon prior written notice to Lessor specifying the new Equipment Location, provided Lessee remains in possession and control Location or to another of its locations within the EquipmentUnited States after receiving the written consent of Lessor to such relocation. Lessee shall not locate or relocate any Equipment such that any third party comes into possession or control thereof without Lessor’s prior written consent; provided, however, that Lessor shall not unreasonably withhold its consent to the location or relocation of Equipment to a third party co-location or hosting facility if such third party shall have executed and delivered to Lessor a waiver agreement in form and substance acceptable to Lessor pursuant to which, among other things, such third party shall have waived any rights to the Equipment and agreed to surrender the Equipment to Lessor in the event of a Lessee Default under this Master Lease Agreement. Notwithstanding the foregoing, Xxxxxx agrees that equipment usable outside of a fixed office environment, may be relocated on a non-permanent basis from the Equipment Location originally specified in the applicable Lease Schedule without Equipment; (ii) the primary employee remains in possession and control of the Equipment, and (iii) the primary employee’s principal office is the Equipment Location.

EQUIPMENT OWNERSHIP; LIENS; LOCATION. As between Lessor and Lessee, Lessor is the sole owner of the Equipment and has sole title thereto, Lessee shall not make any representation to any third party inconsistent with Lessor’s sole ownership of the Equipment. Lessee covenants that with respect to each Lease that: (i) it will not pledge or encumber the Equipment or Lessor’s interest in the Equipment in any manner whatsoever nor create or permit to exist any xxxx, xxxx or encumbrance thereof or thereon except those created by or through Lessor. The ; (ii) the Equipment shall remain Lessor’s personal property whether or not affixed to realty and shall not become a fixture or be made to become a part of any real property on which it is placed without Lessor’s prior written consent. If ; and (iii) Lessee has been provided tags or identifying labels, Lessee will at Lessee’s expense affix and shall maintain the same Equipment so that it does not become essential to and may be removed from any building in a prominent position on each item which it is placed without any damage to the building or the Equipment. Lessee may permit use of the Equipment to indicate Lessor’s ownershipby its affiliates or independent contractors at the Equipment Location provided it does not relinquish possession and control of the Equipment. Provided Lessee remains in possession and control of the Equipment, Lessee may relocate any Equipment from the Equipment Location specified in the applicable Schedule to another of its business locations within the United States within five days State of the Equipment Location upon prior written notice to Lessor specifying the new Equipment Location, provided Lessee remains in possession and control Location or to another of its locations within the EquipmentUnited States after receiving the written consent of Lessor to such relocation. Lessee shall not locate or relocate any Equipment such that any third party comes into possession or control thereof without Lessor’s prior written consent; provided, however, that Lessor shall not unreasonably withhold its consent to the location or relocation of Equipment to a third party co-location or hosting facility if such third party shall have executed and delivered to Lessor a waiver agreement in form and substance acceptable to Lessor pursuant to which, among other things, such third party shall have waived any rights to the Equipment and agreed to surrender the Equipment to Lessor in the event of a Lessee Default under this Master Agreement. Notwithstanding the foregoing, Lessor agrees that computer equipment usable outside of a fixed office environment, such as laptops, notebooks or similar PC Equipment (collectively, “Mobile PC Equipment”) may be relocated on a non-permanent basis from the Equipment Location originally specified in the applicable Schedule without Lessor’s prior written consent, provided that (i) such relocation is made by Lessee’s primary employee in the custody and control of such Mobile PC Equipment; (ii) the primary employee remains in possession and control of the Mobile PC Equipment, and (iii) the primary employee’s principal office is the Equipment Location. For purposes of this Master Agreement and any applicable Schedule, the term Equipment shall be deemed to include all Mobile PC Equipment.

EQUIPMENT OWNERSHIP; LIENS; LOCATION. As between Lessor and Lessee, Lessor is the sole owner of the Equipment and has sole title thereto, . Lessee shall not make any representation to any third-party inconsistent with Lessor's sole ownership of the Equipment. Lessee covenants that it will not pledge or encumber the Equipment or Lessor’s 's interest in the Equipment in any manner whatsoever nor create or permit to exist any xxxx, xxxx or encumbrance thereof or thereon except those created by or through Lessor. The Equipment shall remain Lessor’s 's personal property whether or not affixed to realty and shall not become a fixture or be made to become a part of any real property on which it is placed without Lessor’s 's prior written consent. If Lessee has been provided tags or identifying labels, Lessee will at Lessee’s expense affix and shall maintain the same Equipment so that it may be removed from any building in a prominent position on each item of Equipment which it is placed without any damage to indicate Lessor’s ownershipthe building or the Equipment. Lessee may relocate any Equipment from the Equipment Location specified in the applicable Schedule to another of its business locations within the United States within five days written notice to Lessor specifying the new Equipment LocationStates, provided Lessee remains in possession and control of the EquipmentEquipment and notifies Lessor within no more than thirty (30) days of such move specifying the new Equipment Location. Lessee shall not locate or relocate any Equipment such Notwithstanding the foregoing, Lessor agrees that any third party comes into possession or control thereof without Lessor’s prior written consent; provided, however, that Lessor shall not unreasonably withhold its consent to the location or relocation computer equipment usable outside of Equipment to a third party co-location or hosting facility if such third party shall have executed and delivered to Lessor a waiver agreement in form and substance acceptable to Lessor pursuant to which, among other thingsfixed office environment, such third party shall have waived any rights to as laptops, notebooks or palm pilots may be relocated from the Equipment Location without notice or consent, provided that (i) such relocation is made by the primary employee of Lessee in the custody and agreed to surrender control of such Equipment, (ii) the primary employee remains in possession and control of the Equipment; and (iii) the primary employee's principal office is the Equipment to Lessor in the event of a Lessee Default under this Master AgreementLocation.

EQUIPMENT OWNERSHIP; LIENS; LOCATION. As between Lessor and Lessee, Lessor is the sole owner Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment will vest in Lessee; provided, however, that (i) in the event of termination of this Lease by Lessee pursuant to Section 7 hereof, or (ii) upon the occurrence of a Lessee Default as defined in Section 22 hereof, and has sole as long as such Lessee Default is continuing, title thereto, to the Equipment (including Substitute Equipment) will immediately vest in Lessor or its assignee. Lessee covenants that with respect to each Lease that: (i) it will not pledge or encumber the Equipment or Lessor’s interest in the Equipment in any manner whatsoever nor create or permit to exist any xxxx, xxxx or encumbrance thereof or thereon except those created by or through Lessor. The ; (ii) the Equipment shall remain Lessor’s personal property whether or not affixed to realty and shall not become a fixture or be made to become a part of any real property on which it is placed without Lessor’s prior written consent. If ; and (iii) Lessee has been provided tags or identifying labels, Lessee will at Lessee’s expense affix and shall maintain the same Equipment so that it does not become essential to and may be removed from any building in a prominent position on each item which it is placed without any damage to the building or the Equipment. Provided Lessee remains in possession and control of Equipment to indicate Lessor’s ownership. the Equipment, Lessee may relocate any Equipment from the Equipment Location specified in the applicable Schedule to another of its business locations within the United States within five days State of the Equipment Location upon prior written notice to Lessor specifying the new Equipment Location, provided Lessee remains in possession and control Location or to another of its locations within the EquipmentUnited States after receiving the written consent of Lessor to such relocation. Lessee shall not locate or relocate any Equipment such that any third party comes into possession or control thereof without Lessor’s prior written consent; provided, however, that Lessor shall not unreasonably withhold its consent to the location or relocation of Equipment to a third party co-location or hosting facility if such third party shall have executed and delivered to Lessor a waiver agreement in form and substance acceptable to Lessor pursuant to which, among other things, such third party shall have waived any rights to the Equipment and agreed to surrender the Equipment to Lessor in the event of a Lessee Default under this Master Agreement. Notwithstanding the foregoing, Lessor agrees that equipment usable outside of a fixed office environment, may be relocated on a non-permanent basis from the Equipment Location originally specified in the applicable Schedule without Lessor’s prior written consent, provided that (i) such relocation is made by Lessee’s primary employee in the custody and control of such Equipment; (ii) the primary employee remains in possession and control of the Equipment, and (iii) the primary employee’s principal office is the Equipment Location.

EQUIPMENT OWNERSHIP; LIENS; LOCATION. As between Lessor and Lessee, Lessor is the sole owner Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment will vest in Lessee; provided, however, that (i) in the event of termination of this Lease by Lessee pursuant to Section 7 hereof, or (ii) upon the occurrence of a Lessee Default as defined in Section 22 hereof, and has sole as long as such Lessee Default is continuing, title thereto, to the Equipment (including Substitute Equipment) will immediately vest in Lessor or its assignee. Lessee covenants that with respect to each Lease that: (i) it will not pledge or encumber the Equipment or Lessor’s interest in the Equipment in any manner whatsoever nor create or permit to exist any xxxx, xxxx or encumbrance thereof or thereon except those created by or through Lessor. The ; (ii) the Equipment shall remain Lessor’s personal property whether or not affixed to realty and shall not become a fixture or be made to become a part of any real property on which it is placed without Lessor’s prior written consent. If ; and (iii) Lessee has been provided tags or identifying labels, Lessee will at Lessee’s expense affix and shall maintain the same Equipment so that it does not become essential to and may be removed from any building in a prominent position on each item which it is placed without any damage to the building or the Equipment. Provided Lessee remains in possession and control of Equipment to indicate Lessor’s ownership. the Equipment, Lessee may relocate any Equipment from the Equipment Location specified in the applicable Lease Schedule to another of its business locations within the United States within five days State of the Equipment Location upon prior written notice to Lessor specifying the new Equipment Location, provided Lessee remains in possession and control Location or to another of its locations within the EquipmentUnited States after receiving the written consent of Lessor to such relocation. Lessee shall not locate or relocate any Equipment such that any third party comes into possession or control thereof without Lessor’s prior written consent; provided, however, that Lessor shall not unreasonably withhold its consent to the location or relocation of Equipment to a third party co-location or hosting facility if such third party shall have executed and delivered to Lessor a waiver agreement in form and substance acceptable to Lessor pursuant to which, among other things, such third party shall have waived any rights to the Equipment and agreed to surrender the Equipment to Lessor in the event of a Lessee Default under this Master Lease Agreement. Notwithstanding the foregoing, Xxxxxx agrees that equipment usable outside of a fixed office environment, may be relocated on a non-permanent basis from the Equipment Location originally specified in the applicable Lease Schedule without Lessor’s prior written consent, provided that (i) such relocation is made by Xxxxxx’s primary employee in the custody and control of such Equipment; (ii) the primary employee remains in possession and control of the Equipment, and (iii) the primary employee’s principal office is the Equipment Location.

EQUIPMENT OWNERSHIP; LIENS; LOCATION. As between Lessor Because the Equipment is leased and Lesseenot purchased, the Lessor is the sole owner of the Equipment and has sole title thereto, ; Lessee shall not make any representation to any third party inconsistent with Lessor’s sole ownership of the Equipment. Lessee covenants that with respect to each Lease that: A) it will not pledge or encumber the Equipment or Lessor’s interest in the Equipment in any manner whatsoever nor create or permit to exist any xxxx, xxxx or encumbrance thereof or thereon except those created by or through Lessor. The ; B) the Equipment shall remain Lessor’s personal property whether or not affixed to realty and shall not become a fixture or be made to become a part of any real property on which it is placed without Lessor’s prior written consent. If , C) the Equipment shall not be moved by or on behalf of the Lessee has been provided tags or identifying labels, Lessee will at Lessee’s expense affix and maintain the same in a prominent position on each item of Equipment to indicate Lessor’s ownership. Lessee may relocate any Equipment from the Equipment Location specified in the applicable Schedule to another any other location or used by any party other than Lessee for Lessee's institution purposes, except in strict accordance with the written consent of its business locations within Lessor. An amendment to the United States within five days written notice to Lessor specifying applicable Schedule identifying the new Equipment Locationlocation must be approved by both parties and attached to this Master Lease Agreement, provided Lessee remains in possession and control D) any and all costs of the Equipment. Lessee shall not locate or relocate any Equipment such that any third party comes into possession or control thereof without Lessor’s prior written consent; provided, however, that Lessor shall not unreasonably withhold its consent to the location or relocation of Equipment to a third party co-location or hosting facility if such third party shall have executed and delivered to Lessor a waiver agreement in form and substance acceptable to Lessor pursuant to which, among other things, such third party shall have waived any rights to moving the Equipment and agreed to surrender during the Equipment to Term shall be borne solely by Lessee. Only Lessor in or its designee shall provide for the event moving of a Lessee Default under any leased equipment covered by this Master Lease Agreement.

EQUIPMENT OWNERSHIP; LIENS; LOCATION. As between Lessor and Lessee, Lessor is the sole owner of the Equipment and has sole title thereto, . Lessee covenants that it will not pledge or encumber the Equipment or Lessor’s 's interest in the Equipment in any manner whatsoever nor create or permit to exist any xxxxlxxx, xxxx or encumbrance thereof or thereon except those created by or through Lessor. The Equipment shall remain Lessor’s 's personal property whether or not affixed to realty and shall not become a fixture or be made to become a part of any real property on which it is placed without Lessor’s 's prior written consent. If Lessee has been provided tags or identifying labels, Lessee will at Lessee’s expense affix and maintain the same in a prominent position on each item of Equipment to indicate Lessor’s ownership. Lessee may relocate any Equipment from the Equipment Location specified in the applicable Schedule to another of its business locations within the United States within five days upon prior written notice to Lessor specifying the new Equipment Location, provided Lessee remains in possession and control of the Equipment. Lessee shall not locate or relocate any Equipment such that any third party comes into possession or control thereof without Lessor’s prior written consent; provided, however, that Lessor shall not unreasonably withhold its consent to the location or relocation of Equipment to a third party co-location or hosting facility if such third party shall have executed and delivered to Lessor a waiver agreement in form and substance acceptable to Lessor pursuant to which, among other things, such third party shall have waived any rights to the Equipment and agreed to surrender the Equipment to Lessor in the event of a Lessee Default under this Master Agreement.