MASTER LEASE; SCHEDULES. The Master Lease is a master lease agreement to which one or more schedules (hereinafter referred to as “Schedule” or “Schedules”) may, from time to time, be annexed hereto. Each Schedule shall provide, without limitation, a description of the relevant Equipment (hereinafter defined) leased thereunder, the term of such Schedule, Lease Payment(s), Equipment location and commencement date of such Schedule. The terms of each Schedule hereto shall be subject to any and all conditions and provisions set forth herein (as the same may be amended from time to time), which terms are and shall be incorporated by reference into each Schedule. It is the express intent of the parties that each Schedule shall be enforceable as an independent contract according to the terms and conditions contained therein and herein. In the event of a conflict between the language of the Master Lease and any Schedule, the language of such Schedule shall prevail with respect to the transaction governed by such Schedule. TERMS AND CONDITIONS APPLICABLE TO EACH SCHEDULE
MASTER LEASE; SCHEDULES. Subject to the terms of this Master Lease, Xxxxxx agrees to lease, purchase and acquire from Lessor certain equipment and/or software (the “Equipment”) as may be described in any lease schedule in the form of Exhibit A (each, a “Schedule”) which may be executed by the parties from time to time. Nothing in this Master Lease shall be construed to impose any obligation upon, or otherwise commit, Lessor to enter into any proposed Schedule, it being understood that whether Xxxxxx enters into any proposed Schedule shall be a decision solely within Xxxxxx’s discretion. Lessee understands that Lessor requires certain documentation and information necessary to enter into any Schedule, and Xxxxxx agrees to provide Lessor with any documentation or information Lessor may request in connection with Lessor’s review of any proposed Schedule. Such documentation may include but shall not be limited to: (a) a description of the proposed Equipment, including the cost and its contemplated use and location, (b) information related to the vendor(s) manufacturing, licensing (subject to the terms of the Vendor's applicable end user license agreement(s)), delivering, installing or maintaining the proposed Equipment for Lessee (the “Vendor”), (c) documentation or information concerning the financial condition of Lessee, and (d) other information related to the Schedule and Lessee. The terms and conditions of this Master Lease (including all exhibits and any amendments hereto), are incorporated by reference into each Schedule and each Schedule, once executed by Lessor and Lessee, shall constitute a separate and independent lease and installment purchase of the Equipment identified therein, hereinafter referred to as a “Lease.”
