Common use of Malfunctioning Equipment Clause in Contracts

Malfunctioning Equipment. If any of the Equipment rented under the Rental Agreement should become inoperable or fail to function in the manner for which it was designed ("Malfunctioning Equipment"), Company shall promptly notify Lessor. Company shall have the option, in its sole discretion, to repair the Malfunctioning Equipment itself or at a repair facility reasonably selected by Company at Lessor’s expense, or, if Company requires, Lessor agrees to replace said Malfunctioning Equipment with operable replacement Equipment ("Replacement Equipment") of at least equal quality and capability as shortly thereafter as may be reasonably commercially possible. Provided the Malfunctioning Equipment's failure to perform is not the result of Company's sole negligence, there shall be no additional charge for the Replacement Equipment. If Lessor is unable to provide Replacement Equipment or repair the Malfunctioning Equipment within twenty-four (24) hours from notice by Company, then Company shall have the option, at Company's discretion, to: (a) accept Replacement Equipment of lesser quality at a reduced rate for the remainder of the rental period; (b) terminate the rental of the Malfunctioning Equipment, while continuing the rental of other functioning equipment, and receive a reduced rental rate reflecting the loss of the Malfunctioning Equipment; or (c) terminate the Rental Agreement in its entirety and return all Equipment rented hereunder. If the Rental Agreement is terminated, then all rental charges shall cease on the date of Lessor's receipt of the Malfunctioning Equipment and/or any other rental Equipment pursuant to the Rental Agreement at Lessor's facilities, and Lessor shall refund the pro-rated portion of the rental fee already paid to which Company is entitled. If any rental charges are due as of the date of termination, Company shall pay same within ten (10) days from the date upon which the Rental Agreement was terminated.

Malfunctioning Equipment. If any of the Equipment rented under the Rental Agreement should become inoperable or fail to function in the manner for which it was designed ("Malfunctioning Equipment"), Company shall promptly notify Lessor. Company shall have the option, in its sole discretion, to repair the Malfunctioning Equipment itself or at a repair facility reasonably selected by Company at Lessor’s expense, or, if Company requires, Lessor agrees to replace said Malfunctioning Equipment with operable replacement Equipment ("Replacement Equipment") of at least equal quality and capability as shortly thereafter as may be reasonably commercially possible. Provided the Malfunctioning Equipment's failure to perform is not the result of Company's sole negligence, there shall be no additional charge for the Replacement Equipment. If Lessor is unable to provide Replacement Equipment or repair the Malfunctioning Equipment within twenty-four (24) hours from notice by Company, then Company shall have the option, at Company's discretion, to: (a) accept Replacement Equipment of lesser quality at a reduced rate for the remainder of the rental period; (b) terminate the rental of the Malfunctioning Equipment, while continuing the rental of other functioning equipment, and receive a reduced rental rate reflecting the loss of the Malfunctioning Equipment; or (c) terminate the Rental Agreement in its entirety and return all Equipment rented hereunder. If the Rental Agreement is terminated, then all rental charges shall cease on the date of Lessor's receipt of the Malfunctioning Equipment and/or any other rental Equipment pursuant to the Rental Agreement at Lessor's facilities, and Lessor shall refund the pro-rated portion of the rental fee already paid to which Company is entitled. If any rental charges are due as of the date of termination, Company shall pay same within ten (10) days from the date upon which the Rental Agreement was terminated.. Equipment Rental Terms & Conditions v4

Malfunctioning Equipment. If any of the Equipment rented under the Rental Agreement should become inoperable or fail to function in the manner for which it was designed its Intended Use ("Malfunctioning Equipment"), Company shall promptly notify LessorThe Auditorium. Company shall have the option, in its sole discretion, to repair the Malfunctioning Equipment itself or at a repair facility reasonably selected by Company at LessorThe Auditorium’s expense, or, if Company requires, Lessor The Auditorium agrees to replace said Malfunctioning Equipment with operable replacement Equipment ("Replacement Equipment") of at least equal quality and capability as shortly thereafter as may be reasonably commercially possible. Provided the Malfunctioning Equipment's failure to perform is not the result of Company's sole negligence, there shall be no additional charge for the Replacement Equipment. If Lessor The Auditorium is unable to provide Replacement Equipment or repair the Malfunctioning Equipment within twenty-four (24) hours from notice by Company, then Company shall have the option, at Company's discretion, to: (a) accept Replacement Equipment of lesser quality at a reduced rate for the remainder of the rental period; period or (b) terminate the rental of the Malfunctioning Equipment, while continuing the rental of other functioning equipmentEquipment, and receive a reduced rental rate reflecting the loss of the Malfunctioning Equipment; or (c) terminate the Rental Agreement in its entirety and return all Equipment rented hereunder. If the Rental Agreement is terminated, then all rental charges shall cease on the date of Lessor's receipt of the Malfunctioning Equipment and/or any other rental Equipment pursuant to the Rental Agreement at Lessor's facilities, and Lessor shall refund the pro-rated portion of the rental fee already paid to which Company is entitled. If any rental charges are due as of the date of terminationtermination of the rental of the Malfunctioning Equipment, Company shall pay the same within ten (10) days from the date upon which the Rental Agreement was terminated.

Malfunctioning Equipment. If any of the Equipment rented under the Rental Agreement should become inoperable or fail to function in the manner for which it was designed ("Malfunctioning Equipment"), Company shall promptly notify Lessor. Company shall have the option, in its sole discretion, to repair the Malfunctioning Equipment itself or at a repair facility reasonably selected by Company at Lessor’s expense, or, if Company requires, Lessor agrees to replace said Malfunctioning Equipment with operable replacement Equipment ("Replacement Equipment") of at least equal quality and capability as shortly thereafter as may be reasonably commercially possible. Provided the Malfunctioning Equipment's failure to perform is not the result of Company's sole negligence, there shall be no additional charge for the Replacement Equipment. If Lessor is unable to provide Replacement Equipment or repair the Malfunctioning Equipment within twenty-four (24) hours from notice by Company, then Company shall have the option, at Company's discretion, to: (a) accept Replacement Equipment of lesser quality at a reduced rate for the remainder of the rental period; (b) terminate the rental of the Malfunctioning Equipment, while continuing the rental of other functioning equipment, and receive a reduced rental rate reflecting the loss of the Malfunctioning Equipment; or (c) terminate the Rental Agreement in its entirety and return all Equipment rented hereunder. If the Rental Agreement is terminated, then all rental charges shall immediately cease on the date of Lessor's receipt of the Malfunctioning Equipment and/or any other rental Equipment pursuant to the Rental Agreement at Lessor's facilities, and Lessor shall refund the pro-rated portion of the rental fee already paid to which Company is entitled. If any rental charges are due as of the date of termination, Company shall pay same within ten (10) days from the date upon which the Rental Agreement was terminated.