EXCHANGE OF EQUIPMENT Sample Clauses

EXCHANGE OF EQUIPMENT. Except as set forth in SCHEDULE 4.1(j), --------------------- since August 1, 1996, with respect to each of the Assets, (i) Seller has not exchanged any of the Assets for an asset of lesser value; and (ii) Seller has not removed any idle equipment or inventory from the Assets other than in the ordinary course of business.
Sample 1
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EXCHANGE OF EQUIPMENT. Except as set forth in Schedule 3.01.12, since the Identification Date with respect to each of the Assets, (a) Seller has not exchanged any Other Property for property of lesser value, and (b) Seller has not removed any idle or other equipment or inventory from the Assets.
Sample 1
EXCHANGE OF EQUIPMENT. By mutual agreement, a Party may provide equipment to be utilized in a joint activity. In such event, the following provisions shall apply: 8.1 The Party providing t'.1e equipment (the "Providing Party") shall supply, as,� rly as possible, a detailed list of the equipment to be provided, together with the relevant specifications and appropriate technical and information documentation related to use, maintenance, and repair of the equipment. 8.2 Title to the equipment and necessary spare parts supplied by the Providing Party for use in joint activities shall remain with the Providing Party, and the equipment shall be returned to the Providing Party upon completion of the joint activity, unless otherwise agreed upon in writing. 8.3 Equipment provided pursuant to this Implementing Agreement shall be brought into operation at the host establishment only by mutual written decision of the Parties. 8.4 The host establishment shall provide the necessary premises and shelter for the equ,i-Jment; utilities such as electric power, water and gas; and normally, shall provide materials to be tested, in accordance with all technical requirements, which shall be as mutually agreed upon. 8.5 Responsibility for expenses, safekeeping, and insurance during the transport of equipment from the original location in the country of the Providing Party to the place of entry in the country of the Party receiving such equipment (the "Receiving Party") shall rest with the Providing Party. If the Providing Party elects to have the equipment returned, it shall be responsible for expenses, safekeeping, and insurance during the transport of the equipment from the exit point in the country of the Receiving Party to the final destination in the country of the Providing Party. 8.6 Responsibility for expenses, safekeeping, and insurance during the transport of eq•Jipment from the place of entry in the country of the Receiving Party to the final destination in the country of the Receiving Party shall rest with the Receiving Party. If the Providing Party elects to have the equipment returned, the Receiving Party shall be responsible for expenses, safekeeping, and insurance during the transport of the equipment from the final destina!'ion in the country of the Receiving Party to a point of exit in the country of the Receiving Party. 8.7 Responsibility for expenses, safekeeping, and insurance during the time period that the equipment is in use in the country of the Receiving Party shall rest with...
Sample 1
EXCHANGE OF EQUIPMENT. Unless otherwise agreed in writing, the following provisions shall apply to the provision of equipment by one Side to the other Side under this Implementing Arrangement: a. The sending Side shall supply to the other Side as soon as possible a detailed list of the equipment to be provided, together with the associated specifications and technical and informational documentation. b. The equipment, spare parts, and documentation supplied by the sending Side shall remain the property of the sending Side and shall be returned to the sending Side upon completion of the mutually agreed upon activity unless otherwise agreed.
Sample 1
EXCHANGE OF EQUIPMENT. 14 3.01.13 Payout Balances. . . . . . . . . . . . . . . . . . . . . .14 3.01.14
Sample 1
EXCHANGE OF EQUIPMENT. The following provisions shall apply concerning any exchange of equipment: A. A Party may provide equipment to be utilized in a joint activity, as mutually accepted in a Task under this Protocol. The sending Party shall supply, as soon as possible, a detailed list of the equipment to be provided and the necessary specifications and technical documentation. Unless otherwise agreed by the Parties, the receiving Party shall return the equipment, spare parts and documentation to the sending Party upon completion of the joint activity in accordance with the Task. Title to such equipment, spare parts and documentation shall remain in the sending Party, unless the Parties agree otherwise in writing. B. The receiving Party shall provide the necessary premises, shelter, and safekeeping for any equipment exchanged under this Protocol, and shall provide for electric power, water and gas and other services in accordance with any technical requirements specified in the Task. C. Expenses incurred for the transportation of equipment, spare parts, and documentation, including safekeeping and insurance will be addressed by prior written agreement of the Parties. D. Equipment exchanged under this Article shall be considered to be of a scientific character, not of a commercial character.
Sample 1
EXCHANGE OF EQUIPMENT. The Parties agree that if a Party provides to the other Party equipment for use in activities under this Agreement, the following provisions shall apply covering the shipment and use of agreed equipment: 1. The supplying Party shall provide to the receiving Party as soon as possible a detailed list of the equipment to be provided together with the relevant specifications and technical and informational documentation. 2. Equipment and spare parts provided by the supplying Party under this Agreement shall become the property of the receiving Party unless other arrangements are mutually agreed in advance and in writing. 3. Equipment provided by the supplying Party under this Agreement shall be brought into operation by the supplying Party at the establishment of the receiving Party unless other arrangements are mutually agreed in advance and in writing. 4. The supplying Party shall be responsible for the expenses for the transport of equipment and materials from its territory to an authorized port of entry of the receiving Party convenient to the ultimate destination and also for the safekeeping and insurance en route. A receiving Party shall have a right to inspect equipment to be supplied at the facility of the shipping Party before shipment. 5. All equipment exchanged between the Parties for carrying out joint projects under this Agreement shall be considered to be of a scientific and not a commercial character. 6. The receiving Party shall be responsible for safekeeping and insurance en route from the authorized port of entry to the ultimate destination.
Sample 1
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EXCHANGE OF EQUIPMENT. Company and Supplier shall exchange four of their respective systems free of charge for the purposes of cooperative development, integration testing, sales and marketing demonstrations, and post sales support. Supplier will provide initial training for Company sales, marketing, and support personnel. Additional training or training for mutual customers can be purchased from Supplier at standard rates. Both parties agree to make their development and support personnel available as reasonably required for integration, development and support activities. The following individuals are designated as primary points of contact to ensure orderly communications:
Sample 1

Related to EXCHANGE OF EQUIPMENT

  • Sale of Equipment During the period from the date of such notice given pursuant to Section 10.1 to the Termination Date, Lessee, as non-exclusive agent for Lessor and, except as provided in Section 10.3, at Lessee's sole cost and expense, shall use reasonable best efforts to obtain bids from Persons other than Lessee, the Manager or any of their respective Affiliates for the cash purchase of the Terminated Units, and Lessee shall promptly, and in any event at least five Business Days prior to the proposed date of sale, certify to Lessor in writing the amount and terms of each such bid, the proposed date of such sale and the name and address of the party submitting such bid. Unless Lessor shall have elected to retain the Terminated Units in accordance with Section 10.3, on the Termination Date: (i) Lessee shall deliver the Terminated Units (excluding any optional Severable Modifications removed by Lessee pursuant to Section 9.2) to the bidder (which shall not be Lessee or Manager or an Affiliate of Lessee or Manager (for the avoidance of doubt the bidder may be a Customer, or a customer of the Manager, and neither the Manager nor any Affiliate shall be prohibited from managing the Units for such bidder after the purchase by such bidder)) that shall have submitted the highest cash bid prior to such date (or to such other bidder as Lessee and Lessor shall agree) and (ii) subject to the prior or concurrent receipt (x) by Lessor of all amounts owing to Lessor pursuant to the next sentence and (y) by the Persons entitled thereto of all unpaid Supplemental Rent due on or before the Termination Date, Lessor shall, without recourse or warranty (except as to the absence of any Lessor's Lien) simultaneously therewith transfer all of its right, title and interest in and to the Terminated Units to such bidder. The net proceeds of sale realized at such sale shall be paid to Lessor and, in addition, on the Termination Date, Lessee shall pay to Lessor (A) all Basic Rent with respect to such Terminated Units due and payable prior to the Termination Date (exclusive of any Basic Rent with respect to the Terminated Units due on such date), (B) the excess, if any, of (1) the Termination Amount for the Terminated Units computed as of the Termination Date over (2) the net cash sales proceeds (after the deduction of all applicable sales, transfer or similar taxes) of the Terminated Units, (C) an amount equal to any unpaid Late Payment Interest in respect of any Rent in respect of the Terminated Units not paid when due (including, for the avoidance of doubt, Rent corresponding to the principal amount of the Equipment Notes to be prepaid in accordance with Section 2.10(a) of the Indenture) and (D) all other Rent in respect of the Terminated Units (exclusive of any Basic Rent on the Terminated Units due on such date) then due and payable hereunder (which shall include, without limitation, a portion of the Policy Provider Amounts and Policy Provider Reimbursement Costs, if any, equal to the product obtained by multiplying the unpaid Policy Provider Amounts and Policy Provider Reimbursement Costs by a fraction, the numerator of which shall be the Equipment Cost of the Terminated Units and the denominator of which shall be the aggregate Equipment Costs of all Units then subject to this Lease and Late Payment Interest related thereto), so that, after receipt and application of all such payments, but without withdrawal from any CAA Accounts other than the applicable Non-Shared Payments Account, (i) Lessor shall be entitled under the terms of the Collateral Agency Agreement to receive, and does receive, taking into account all payments of Basic Rent, in respect of all such Units, the sum of the portion of the Accumulated Equity Deficiency Amount allocable to the Terminated Units and Late Payment Interest related thereto and any other amounts then due to Lessor and (ii) the Policy Provider has received the portion of Policy Provider Amounts and Policy Provider Reimbursement Costs calculated above. If no sale shall have occurred, whether as a result of Lessee's failure to pay all of the amounts hereinabove required or otherwise, this Lease shall continue in full force and effect with respect to such Units and Lessee agrees to reimburse Lessor, Policy Provider and the Indenture Trustee for all reasonable costs and expenses (including reasonable legal fees and expenses) incurred by any thereof in connection therewith. Lessee, in acting as agent for Lessor, shall have no liability to Lessor for failure to obtain the best price, shall act in its sole discretion and shall be under no duty to solicit bids publicly or in any particular market. Owner Participant shall have the right, but not the obligation, to obtain bids either directly or through agents other than Lessee.

  • Substitution of Equipment In the event the Computer is inoperable, ASL has a limited number of spare laptops for use while the Computer is being repaired or replaced. This agreement remains in effect for such a substitute. The Student may NOT opt to keep a broken Computer or to avoid using the Computer due to loss or damage.

  • Exchange of Talons On and after the Interest Payment Date on which the final Coupon comprised in any Coupon sheet matures, the Talon (if any) forming part of such Coupon sheet may be surrendered at the specified office of the Agent or any other Paying Agent in exchange for a further Coupon sheet including (if such further Coupon sheet does not include Coupons to (and including) the final date for the payment of interest due in respect of the Note to which it appertains) a further Talon, subject to the provisions of Condition 8.

  • Lease of Equipment Lessor leases to Lessee, and Lessee leases from Lessor, all the property described in the Lease Schedules which are signed from time to time by Lessor and Lessee.

  • Location of Equipment The Customer shall not remove the Equipment from the location shown herein as the place of use of the equipment, without prior written approval of the Company. The Customer shall inform the Company by email upon demand of the exact location of the Equipment while it is in the Customer’s possession.

  • DISPOSITION OF EQUIPMENT The Grantee shall provide to the State, not less than 30 calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by the State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within 60 calendar days of receipt of such inventory the State shall provide the Grantee with a list of the items on the inventory that the State will take title to. All other items shall become the property of the Grantee. The State shall arrange for delivery from the Grantee of items that it takes title to. Cost of transportation, if any, shall be borne by the State.

  • Change of Location None of the Borrowers shall change the location of its chief executive office or the office where its corporate records are kept or open any new office for the conduct of its business on less than thirty (30) days prior written notice to the Agent.

  • Removal of Equipment Subject, always, to the other terms and provisions of this Fee Agreement, the Company and any Sponsor Affiliates shall be entitled to remove and dispose of components of the Project from the Project in its sole discretion with the result that said components shall no longer be considered a part of the Project and, to the extent such constitute Economic Development Property, shall no longer be subject to the terms of this Fee Agreement. Economic Development Property is disposed of only when it is scrapped or sold or removed from the Project. If it is removed from the Project, it is subject to ad valorem property taxes to the extent the Property remains in the State and is otherwise subject to ad valorem property taxes.

  • Exchange of Traffic Notwithstanding references to VNXX traffic in this section 7, the parties recognize that the Oregon PUC currently prohibits VNXX arrangements, unless the Parties have implemented language in the Agreement consistent with Order No. 07-098. As such, the parties will not knowingly provide VNXX service in Oregon or knowingly aid the other party in providing VNXX service in Oregon. This section is subject to Section 2.2 of the agreement regarding changes to Existing Rules and Laws. CLEC may request an amendment to this Agreement to provide VNXX arrangements consistent with the implementation of Order No. 07-098.

  • Installation of Equipment You represent that there are no legal, contractual or similar restrictions on the installation of the Equipment in the location(s) you have authorized. It is your responsibility to ensure compliance with all applicable building codes, zoning ordinances, homeowners’ association rules, covenants, conditions, and restrictions related to the Service, to pay any fees or other charges, and to obtain any permits or authorizations necessary for the installation or use of the Service (collectively "Legal Requirements"). You are solely responsible for any fines or similar charges for violation of any applicable Legal Requirements. You acknowledge and agree that Viasat or its designated service provider will be required to access your premises and computer to install and maintain the Equipment, including, without limitation, the antenna and its components. Standard Equipment installations performed by Viasat-authorized installers include: (i) installation of the antenna to an outside wall or sloped roof; (ii) travel to and from your Service location within 50 miles of the installer’s office; (iii) cable routed through one exterior wall and one interior wall or floor; (iv) connection of the antenna to the modem using up to 150 feet of cable; (v) connection of the modem to one computer using up to 7 feet of cable; and (vi) required mounting and cabling hardware. Any different or additional installation services or hardware are non-standard and may result in additional charges to be agreed upon between you and the installer. All installations include attaching the Equipment to your computer, installing software on your computer and configuring your computer to optimize the performance of the Internet Service. You confirm that you have reviewed the installation plan and agreed to any associated charges. If you approved a roof mount, you acknowledge the potential risks associated with this type of installation (including, without limitation, with respect to any warranty that applies to your roof or roof membrane). By signing this Agreement, scheduling a service or installation visit, and permitting us or our service provider to enter your home, you are authorizing Viasat and its service provider to perform all of the above actions. You are responsible for backing up the data on your computer and we highly recommend that you do so prior to permitting access to us or one of our designated service providers. NEITHER VIASAT NOR ITS SERVICE PROVIDER SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES RESULTING FROM THE EQUIPMENT OR ANY INSTALLATION, REPAIR OR OTHER SERVICES ASSOCIATED WITH THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR PREMISES OR LOSS OF SOFTWARE, DATA OR OTHER INFORMATION FROM YOUR COMPUTER. This limitation does not apply to any damages arising from the gross negligence or willful misconduct of us or one of our designated service providers. Time frames for installation, if any, are not guaranteed and may vary depending on the types of services requested and other factors.

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