EQUIPMENT SPECIFIC PROVISIONS Sample Clauses

EQUIPMENT SPECIFIC PROVISIONS. The MAINTENANCE Section of the Lease is amended by adding the following as the third sentence in subsection (a): Lessee agrees that upon return of the Equipment, it will comply with all original manufacturer's performance specifications for new Equipment without expense to Lessor. Lessee shall, if requested by Lessor, obtain a certificate or service report from the manufacturer attesting to such condition. Each reference contained in this Agreement to:
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EQUIPMENT SPECIFIC PROVISIONS. Each reference contained in this Agreement to:
EQUIPMENT SPECIFIC PROVISIONS. The SERVICE Section of the Lease is amended by adding the following as the third sentence in subsection (a): Xxxxxx agrees that upon return of the Equipment, it will comply with all original manufacturer's performance specifications for new Equipment without expense to Lessor. Lessee shall, if requested by Lessor, obtain a certificate or service report from the manufacturer attesting to such condition. Each reference contained in this Agreement to:
EQUIPMENT SPECIFIC PROVISIONS. The MAINTENANCE Section of the Lease is amended by adding the following as the fifth sentence in subsection (a): Lessee shall, if requested by Lessor, obtain a certificate or service report from the manufacturer attesting to such condition. Each reference contained in this Agreement to: (a) Adverse Environmental Condition” shall refer to (i) the existence or the continuation of the existence, of an Environmental Emission (including, without limitation, a sudden or non-sudden accidental or non-accidental Environmental Emission), of, or exposure to, any substance, chemical, material, pollutant, Contaminant, odor or audible noise or other release or emission in, into or onto the environment (including, without limitation, the air, ground, water or any surface) at, in, by, from or related to any Equipment, (ii) the environmental aspect of the transportation, storage, treatment or disposal of materials in connection with the operation of any Equipment or (iii) the violation, or alleged violation of any statutes, ordinances, orders, rules regulations, permits or licenses of, by or from any governmental authority, agency or court relating to environmental matters connected with any Equipment. (b) Affiliate” shall refer, with respect to any given Person, to any Person that directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such Person. (c) Contaminant” shall refer to those substances which are regulated by or form the basis of liability under any Environmental Law, including, without limitation, asbestos, polychlorinated biphenyls (“PCB’s”), and radioactive substances, or other material or substance which has in the past or could in the future constitute a health, safety or environmental hazard to any Person, property or natural resources. (d) Environmental Claim” shall refer to any accusation, allegation, notice of violation, claim, demand, abatement or other order on direction (conditional or otherwise) by any governmental authority or any Person for personal injury (including sickness, disease or death), tangible or intangible property damage, damage to the environment or other adverse effects on the environment, or for fines, penalties or restrictions, resulting from or based upon any Adverse Environmental Condition.
EQUIPMENT SPECIFIC PROVISIONS. The MAINTENANCE Section of the Lease is amended by adding the following as the third sentence in subsection (a): Lessee agrees that upon return of the Equipment, it will comply with all original manufacturer’s performance specifications for new Equipment without expense to Lessor. Lessee shall, if requested by Lessor, obtain a certificate or service report from the manufacturer attesting to such condition. Each reference contained in this Agreement to: [****] Omitted pursuant to a request for confidential treatment and filed separately with the Commission.
EQUIPMENT SPECIFIC PROVISIONS. RETURN PROVISIONS: In addition to the provisions provided for in the RETURN OF EQUIPMENT Section of the Lease, and provided that Lessxx xxx elected not to exercise its option to purchase the Equipment, Lessee shall, at its expense: (a) Provide to Lessor at least two hundred forty (240) days prior to the expiration of the Lease a detailed inventory of all components of the Equipment with consideration to the conditions set forth in the SERVICE Section of the Lease. The inventory should include but not be limited to a detailed listing of all items of the Equipment by both the model and serial number for all components comprising this Agreement. (b) Ensure that the Equipment is returned to Lessor as follows: (i) all operating and application specific software used to control the machine will be updated to the most current release available from the manufacturer; (ii) all batteries for control memories must be fully charged; (iii) any tooling and/or grinding wheels returned to Lessor at lease termination should be identical to those on the original invoice. (c) At least ninety (90) days prior to the expiration of the Lease: (i) and upon receiving reasonable notice by Lessor, make the Equipment available for operational inspections (where applicable) by potential purchasers; (ii) cause the Manufacturer(s), or other persons expressly authorized by the Manufacturer and/or Lessor (the "Authorized Inspector'), to inspect, examine and test all material and workmanship to ensure the Equipment is operating within the manufacturer's specifications; (iii) provide to Lessor a written report from the Authorized Inspector detailing said inspection and condition of the Equipment; (iv) if during such inspection, examination and test, the Authorized Inspector finds any of the material or workmanship to be defective or the equipment not operating within the manufacturer's specifications, then Lessee shall repair or replace such defective material and, after corrective measures are completed Lessee will provide for another inspection of the equipment by the Authorized Inspector as outlined above. (d) At least forty-five (45) days prior to the expiration of the Lease and upon request by Lessor provide, or cause the Manufacturer(s) to provide to Lessor, the following documents: (i) one set of service and operating manuals including replacements and/or additions hereto, such that all documentation is completely up to date; (ii) one set of documents detailing equipment configuratio...
EQUIPMENT SPECIFIC PROVISIONS. The first sentence of the REPORTS Section subsection (d) of the Lease shall be deleted in its entirety and the following substituted in its stead:
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EQUIPMENT SPECIFIC PROVISIONS. MAINTENANCE PROVISIONS: In addition to the provisions provided for in the MAINTENANCE Section of the Lease, Lessee shall, at its expense: (a) maintain the Equipment in a manner and frequency suggested by the manufacturer. (b) maintain the Equipment in an operable state and shall not discontinue operation of the Equipment throughout the Lease term. (c) maintain the Equipment to industry standards. (d) maintain the Equipment in a similar manner and fashion as if the Equipment were owned by the Lessee. (e) maintain the Equipment under a preventive maintenance program by qualified professionals who possess a working knowledge of the mechanical operation of the Equipment including electrical systems, motors, drives, controls, accessories, lubricants and all other items necessary to make the machine operate to its original manufacturer’s specifications. (f) have the Equipment meet all local, state, and federal laws, regulations and codes that regulate the use and operation of such Equipment and will not contribute to or be used in any way as to directly or indirectly violate any local, state or federal law including Food and Drug Administration and Environmental Protection Agency. (g) maintain a maintenance log on the Equipment showing all routine and non-routine maintenance and repairs. Said log shall list in summary form maintenance, repairs or modifications performed on the Equipment, the date any and all of such service and by whom the service was performed. This log shall be made available to the Lessor at its request during normal working hours or the Lessee.
EQUIPMENT SPECIFIC PROVISIONS. MAINTENANCE PROVISIONS: In addition to the provisions provided for in the MAINTENANCE Section of the Lease, Lessee shall, at its expense:

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