Existing Equipment. Interconnection Points containing SCADA and communications equipment along with communication paths with current routing diversity installed prior to the Effective Date shall be considered to satisfy the terms and conditions of this Article 4 and shall be maintained with no less than the current functionality unless otherwise agreed by the Parties.
Existing Equipment. The Contractor agrees to accommodate the State and its Customers that currently utilize existing functional and compatible equipment specific to the Contractor by supporting the use of such existing Customer equipment on FirstNet’s Nationwide Public Safety Broadband Network (NPSBN).
Existing Equipment. Contractor agrees to accommodate all State and other authorized users which currently utilize existing Equipment for the CALNET I agreement that could be used with Contractor’s proposed Services by (a) supporting the use of such existing Equipment, or (b) modifying or replacing such existing Equipment at no cost to the State or Customers during Transition. Any replacement or modification to existing Equipment shall require approval from DTS/ONS or the affected Customer and shall be of similar or better quality that will function the same as, or better than, the existing Equipment.
Existing Equipment. During the term of this Lease, Tenant shall be entitled to use any existing laboratory equipment, case work, or fume hoods left in the Premises by the prior tenants (collectively, the “Existing Equipment”) so long as Existing Equipment complies with current governmental regulations. Tenant hereby accepts the Existing Equipment in its as-is, where is condition. Tenant acknowledges that it has been afforded a full opportunity to inspect the Existing Equipment and that its use of the Existing Equipment is at its own risk and expense. Tenant further acknowledges that, notwithstanding any prior or contemporaneous oral or written representations, statements, documents or understandings, Landlord has not made and does not make any representations or warranties of any kind whatsoever, either express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, with respect to the Existing Equipment. Tenant shall be solely responsible at its cost for maintaining, repairing and/or replacing the Existing Equipment during the term of this Lease. Tenant hereby releases and agrees to indemnify and defend Landlord from and against any claims or damages related to the Existing Equipment arising out of Tenant’s use of the Existing Equipment.
Existing Equipment. 9.1 Ralcorp shall provide certain equipment to External Manufacturer for use in manufacturing the Products, with such equipment to be set forth in the Equipment Bailment Agreement shown as Attachment 9 to this Project Agreement (the “Existing Equipment”). Ralcorp and External Manufacturer hereby agree that such Existing Equipment used by External Manufacturer pursuant to this Project Agreement shall be used in accordance with the terms of the Equipment Bailment Agreement.
Existing Equipment. 17 6.3 Equipment Acquisitions During the Term..............................18 6.4 Removal and Disposal of Equipment...................................18 6.5
Existing Equipment. IBM shall acquire and shall be operationally, administratively, and financially responsible for modifications, repairs, upgrades, enhancements, additions and replacements of Existing Equipment, including IBM's responsibility to refresh Existing Equipment as provided in the Data Center Services Schedule, as necessary or appropriate to provide the Services. Such Equipment shall be acquired in the name of IBM.
Existing Equipment. Services Equipment owned by Service Provider dedicated to serving KPS was transferred to Customer as a contribution to capital of KPS immediately prior to the Closing. Equipment owned by PharMerica was retained by PharMerica. Service Provider shall have administrative responsibility for all Services Equipment, regardless of whether previously owned by KPS or PharMerica, and may relocate such Services Equipment upon mutual agreement of the parties, provided that Service Provider may relocate data centers and network operating centers providing the Services in the Service Provider’s reasonable discretion upon prior written notice to, and coordination with, Customer and Customer shall reasonably cooperate in such relocation. Notwithstanding anything in this Agreement to the contrary, Customer shall have no ownership rights in any Equipment owned by Service Provider.
Existing Equipment. With respect to any Equipment previously delivered by Gogo and installed on any aircraft under the Pre-Apollo Agreement, other than aircraft in the 757 Fleet or the XxXxxxxxx Xxxxxxx MD-80 A/C with Purchased Equipment installed thereon, the Parties acknowledge and agree that Gogo has not sold but instead has leased such Equipment to American (including, if any such aircraft has been or will be upgraded from the ATG Solution to the ATG4 Solution at no cost to American, the upgraded Equipment) (such equipment being referred to herein as the “Leased Equipment”), and Gogo will continue to hold title in such Leased Equipment, except as provided in Section 5.1.1. All other Equipment has been or will be sold by Gogo to American, (such equipment being referred to herein as the “Purchased Equipment”), and American has or will acquire title to Purchased Equipment at the time specified in Section 7.1.
Existing Equipment. Tenant hereby acknowledges that the Premises are being delivered to Tenant with the racking and other equipment items listed on Exhibit H attached hereto (collectively, the “Existing Equipment”) (which for purposes of this Section 2.02(b) excludes the Refrigeration Equipment) located therein, and Tenant agrees to accept such Existing Equipment in their “AS-IS,” “WHERE-IS,” “WITH ALL FAULTS” condition, and without any representations or warranties whatsoever by Landlord (including, without limitation, as to title, ownership, encumbrances, condition, suitability, merchantability or fitness). Tenant hereby agrees that the Existing Equipment shall at all times under this Lease be deemed to be the personal property of Landlord; provided, however, Tenant shall be solely responsible at all times during the term of the Lease, at Tenant’s sole cost and expense, for: (i) obtaining and maintaining physical damage insurance with respect to the Existing Equipment, covering “all risks” of physical loss or damage, for the full replacement cost value as new without deduction for depreciation; (ii) maintaining, repairing and replacing the Existing Equipment as and when necessary; and (iii) keeping the Existing Equipment in good order, repair and condition. Tenant may modify the Existing Equipment in accordance with the provisions herein but, other than in connection with the TI Work as approved by Landlord, shall not remove any of the Existing Equipment from the Premises at any time except to replace any Existing Equipment items that are stolen, damaged, broken or no longer repairable with items of equal or greater value, style and quality as the original Existing Equipment items so replaced. Tenant shall keep a detailed log of all repairs and replacements made to the Existing Equipment, and shall provide Landlord with a copy of such log upon request. Tenant shall use and operate the Existing Equipment in compliance with all applicable laws (including all fire and life safety codes). Tenant shall have no authority or power to cause or permit any lien or encumbrance of any kind whatsoever to attach to or be placed upon the Existing Equipment. Under no circumstances shall Landlord have any liability or responsibility with respect to the Existing Equipment, and Landlord shall have no responsibility to repair or refurbish the Existing Equipment at any time. Notwithstanding anything to the contrary contained in this Lease, Landlord is not hereby transferring ownership of the Ex...
