Common use of OPERATION, MAINTENANCE AND REPAIR Clause in Contracts

OPERATION, MAINTENANCE AND REPAIR. a. Lessee shall use the equipment properly and shall, at its sole cost and expense, maintain the equipment in good repair and safe operating condition. Such maintenance shall include but not be limited to the replacement of all badly worn or broken parts with new parts of equivalent design and material, as well as the abrasive cleaning, priming and top coating of all corroded areas on a routine, as needed basis. Lessee shall be liable for any repairs wrongly made or incompatible with the standards set forth in the Repair Manuals issued from time to time by the Institute of International Container Lessors. Lessee shall be responsible for all cleaning and decontamination costs with respect to equipment contaminated by cargo or otherwise and for removal of all debris and shoring from any containers leased hereunder prior to their return to Lessor. Lessee shall be liable for all costs and losses to Lessor arising out of Lessee’s failure to repair or maintain the equipment in good condition. If the foregoing obligations are performed by Lessor, all expenses relating thereto will be for the account of Lessee. b. Lessee shall use the equipment in accordance with good operating practices and so as to comply with all loading limitations, handling procedures and operating instructions prescribed by the manufacturer(s) thereof and by Lessor, including, but not limited to, current Regulations and Recommendations of the International Organization of Standardization and applicable local regulations, and shall prevent usage which may damage or shorten the life of the equipment such as excessive impact and unbalanced loading. Lessee shall not use the equipment for storage or transportation of goods which could damage the equipment including, without limitation, unprotected corrosive substances, poorly secured materials or bulk commodities which may corrode, oxidize, severely dent, puncture, contaminate, stain or damage the equipment. c. Container(s) supplied hereunder shall be used solely in international trade unless the use thereof in domestic transportation of goods is expressly permitted elsewhere in this Agreement. d. Receipt.or delivery of equipment or any other act by an agent or employee of, or independent contractor engaged by, Lessee shall be deemed to be the act of Lessee and shall be binding upon Lessee. x. Xxxxxx’x equipment is identified by appropriate lettering and numbering, which Lessee agrees not to change or obliterate. Notwithstanding the foregoing, at the written request of Lessor, Lessee shall change or supplement such marks as Lessor shall request. Lessee may, however, add other markings as maybe required, provided that such additional markings will be removed and the surface of the equipment shall be in the same condition as prior to the addition of such markings when the equipment is redelivered to Lessor. If Lessee fails to remove such additional markings, Lessor shall remove such markings at Lessee’s cost. f. Lessee shall be responsible for the cost of removal of any intentional or unintentional amendments, alterations, or modifications made to the equipment and for returning the equipment to the same condition in which it was originally received by Lessee. g. Lessee shall at its expense comply with all laws, regulations and orders which in any way affect the equipment or its use, operation or storage. Lessor shall have no responsibility for compliance with any such laws, regulations or orders, including, without limitation, all such laws, regulations or orders as may relate to customs, transportation, handling, safety and labor regulation. h. Lessee shall at its expense comply with all rules and practices of ports, depots, storage areas and transportation companies consistent with the other requirements of this Section 4. i. Lessor shall deliver containers to Lessee which fully comply with the rules and standards of the International Convention for Safe Containers (“CSC”). Such containers shall have affixed CSC plates or CSC plates with an ACEP (Approved Continuous Examination Program) xxxx. It shall be the obligation of Lessee to comply with the CSC in all respects and Lessee shall have and exercise Lessor’s responsibilities under the CSC including, without limitation, plating (design-type approval to be obtained and plates to be provided by Lessor), maintenance, examination, re-examination and marking of each container. Such examination or re-examination shall be performed in accordance with the Rules and Regulations for the Safety Approval of Cargo Containers of the United States Department of Transportation. Lessee shall also comply with the Customs Conventions on Containers, 1956 and 1972, including, without limitation, all obligations of the operator relating to temporary admission, transport of goods under customs seal, maintenance of records and reporting to governmental authorities.

OPERATION, MAINTENANCE AND REPAIR. a. Lessee shall use the equipment properly and shall, at its sole cost and expense, maintain the equipment in good repair and safe operating condition. Such maintenance shall include but not be limited to the replacement of all badly worn or broken parts with new parts of equivalent design and material, as well as the abrasive cleaning, priming and top coating of all corroded areas on a routine, as needed basis. Lessee shall be liable for any repairs wrongly made or incompatible with the standards set forth in the Repair Manuals issued from time to time by the Institute of International Container Lessors. Lessee shall be responsible for all cleaning and decontamination costs with respect to equipment contaminated by cargo or otherwise and for removal of all debris and shoring from any containers leased hereunder prior to their return to Lessor. Lessee shall be liable for all costs and losses to Lessor arising out of Lessee’s failure to repair or maintain the equipment in good condition. If the foregoing obligations are performed by Lessor, all expenses relating thereto will be for the account of Lessee. b. Lessee shall use the equipment in accordance with good operating practices and so as to comply with all loading limitations, handling procedures and operating instructions prescribed by the manufacturer(s) thereof and by Lessor, including, but not limited to, current Regulations and Recommendations of the International Organization of Standardization and applicable local regulations, and shall prevent usage which may damage or shorten the life of the equipment such as excessive impact and unbalanced loading. Lessee shall not use the equipment for storage or transportation of goods which could damage the equipment including, without limitation, unprotected corrosive substances, poorly secured materials or bulk commodities which may corrode, oxidize, severely dent, puncture, contaminate, stain or damage the equipment. c. Container(s) supplied hereunder shall be used solely in international trade unless the use thereof in domestic transportation of goods is expressly permitted elsewhere in this Agreement. d. Receipt.or Receipt or delivery of equipment or any other act by an agent or employee of, or independent contractor engaged by, Lessee shall be deemed to be the act of Lessee and shall be binding upon Lessee. x. Xxxxxx’x equipment is identified by appropriate lettering and numbering, which Lessee agrees not to change or obliterate. Notwithstanding the foregoing, at the written request of Lessor, Lessee shall change or supplement such marks as Lessor shall request. Lessee may, however, add other markings as maybe may be required, provided that such additional markings will be removed and the surface of the equipment shall be in the same condition as prior to the addition of such markings when the equipment is redelivered to Lessor. If Lessee fails to remove such additional markings, Lessor shall remove such markings at Lessee’s cost. f. Lessee shall be responsible for the cost of removal of any intentional or unintentional amendments, alterations, or modifications made to the equipment and for returning the equipment to the same condition in which it was originally received by Lessee. g. Lessee shall at its expense comply with all laws, regulations and orders which in any way affect the equipment or its use, operation or storage. Lessor shall have no responsibility for compliance with any such laws, regulations or orders, including, without limitation, all such laws, regulations or orders as may relate to customs, transportation, handling, safety and labor regulation. h. Lessee shall at its expense comply with all rules and practices of ports, depots, storage areas and transportation companies consistent with the other requirements of this Section 4. i. Lessor shall deliver containers to Lessee which fully comply with the rules and standards of the International Convention for Safe Containers (“CSC”). Such containers shall have affixed CSC plates or CSC plates with an ACEP (Approved Continuous Examination Program) xxxx. It shall be the obligation of Lessee to comply with the CSC in all respects and Lessee shall have and exercise Lessor’s responsibilities under the CSC including, without limitation, plating (design-type approval to be obtained and plates to be provided by Lessor), maintenance, examination, re-examination and marking of each container. Such examination or re-examination shall be performed in accordance with the Rules and Regulations for the Safety Approval of Cargo Containers of the United States Department of Transportation. Lessee shall also comply with the Customs Conventions on Containers, 1956 and 1972, including, without limitation, all obligations of the operator relating to temporary admission, transport of goods under customs seal, maintenance of records and reporting to governmental authorities.

OPERATION, MAINTENANCE AND REPAIR. a. Lessee shall use the equipment properly properly, and shall, shall at its sole cost and expense, maintain the equipment in good repair and safe operating condition. Such maintenance shall include include, but not be limited to the replacement of all badly worn or broken parts with new parts of equivalent design and material, as well as the abrasive cleaning, priming and top coating of all corroded areas on a routine, routine "as needed basis". Lessee shall be liable for any repairs wrongly made made, or incompatible with the standards of a quality inferior to Lessor's minimum acceptable standard as set forth in the Repair Manuals Manual issued from time to time by the Institute of International Container Lessors. Lessee shall be responsible for all cleaning and decontamination costs with respect to equipment contaminated by cargo or otherwise and for removal of all debris and shoring from any containers leased hereunder prior to their return to Lessor. Lessee shall be liable for all costs and losses to Lessor arising out of Lessee’s 's failure to repair maintain the equipment in good condition or make such repairs or replace such parts as may be necessary to maintain the equipment in good condition. If the foregoing obligations are is performed by Lessor, all the expenses relating thereto will be for the account of Lessee. b. Lessee shall use the equipment in accordance with good operating practices and so as to shall comply with all loading limitations, handling procedures and operating instructions prescribed by the manufacturer(s) thereof Manufacturer and by Lessor, including, which include but are not limited to, current to the latest applicable Regulations and Recommendations of the International Organization of Standardization and as well as any applicable local regulations, and shall prevent usage which may damage or shorten the life of the equipment such as including, without limitation, excessive impact and unbalanced loading. Lessee shall not use the PLEASE INITIAL: LESSE ______ LESSOR _______ equipment for storage or transportation of goods which could may damage the equipment including, without limitation, unprotected corrosive substances, poorly secured materials materials, or bulk commodities which may corrode, oxidize, severely dent, puncture, contaminate, stain or damage the equipment.. Lessor understands that Lessee intends to transport bulk potatoes and other agricultural commodities in the containers. Lessee is permitted to transport such bulk agricultural commodities provided that Lessee complies to all other terms and conditions of this agreement c. Container(s) supplied hereunder shall be used solely in international trade unless the use thereof in domestic transportation of goods is expressly permitted elsewhere in this Agreement. d. Receipt.or Receipt or delivery of equipment or any other act by an agent or employee of, or independent contractor engaged by, by Lessee shall be deemed to be the act of Lessee and shall be binding upon Lessee. x. Xxxxxx’x Xxxxxx'x equipment is identified by appropriate lettering and numbering, numbering which Lessee agrees not to change or obliterate. Notwithstanding the foregoing, except that at the written request of Lessor, . Lessee shall change or supplement such marks as Lessor shall request. Lessee may, however, add other markings as maybe may be required, provided that the equipment so marked, when returned by Lessee to Lessor, shall be free of all such additional markings will be removed and the surface of the equipment shall be in the same condition conditions as prior to the addition of such markings when the equipment is redelivered to LessorLessee's markings. If Lessee fails to remove such additional markings, Lessor shall remove such markings at Lessee’s cost. f. Lessee shall be responsible for the cost account of removal of any intentional or unintentional amendments, alterations, or modifications made to the equipment and for returning the equipment to the same condition in which it was originally received by Lessee. g. e. Lessee shall shall, at its expense expense, comply with all laws, regulations and or orders which in any way affect the equipment or its use, operation or storage. Lessor shall have no responsibility for compliance with any such laws, regulations or orders, including, including without limitation, all such laws, regulations or orders as may relate to customs, transportation, handling, safety safety, and labor regulationregulations. h. f. Lessee shall shall, at its expense expense, comply with all rules and practices of ports, depots, storage areas and transportation companies consistent with the other requirements of this Section Paragraph 4. i. Lessor shall deliver g. If containers to Lessee which fully comply with the rules and standards of the International Convention for Safe Containers (“CSC”). Such containers shall have affixed CSC plates or CSC plates with an ACEP (Approved Continuous Examination Program) xxxx. It are leased hereunder, it shall be the obligation of Lessee to comply with the CSC International Convention for Safe Containers (CSC) in all respects and Lessee shall shall, pursuant to this Lease, have and exercise Lessor’s 's responsibilities under the CSC including, without limitation, : plating (design-type approval to be obtained and plates to be provided by Lessor), maintenance, examination, re-examination and marking with re-examination dates (stickers to be provided by Lessor) of each container. Such examination examination, or re-examination examination, shall be performed in accordance with the Rules and Regulations for the Safety Approval of Cargo Containers of the United States Department of Transportation. Lessee shall also comply with the Customs Conventions on Containers, 1956 and 1972, including, without limitation, all obligations of the operator relating to temporary admission, transport of goods under customs seal, maintenance of records and reporting to governmental or other authorities. h. Lessee will, upon Lessor's written request, furnish to Lessor a schedule or schedules showing the locations and dates at such locations that Lessor's equipment has been used by Lessee.

OPERATION, MAINTENANCE AND REPAIR. a. Lessee shall use the equipment properly and shall, at its sole cost and expense, maintain the equipment in good repair and safe operating condition. Such maintenance shall include but not be limited to the replacement of all badly worn or broken parts with new parts of equivalent design and material, as well as the abrasive cleaning, priming and top coating of all corroded areas on a routine, as needed basis. Lessee shall be liable for any repairs wrongly made or incompatible with the standards set forth in the Repair Manuals issued from time to time by the Institute of International Container Lessors. Lessee shall be responsible for all cleaning and decontamination costs with respect to equipment contaminated by cargo or otherwise and for removal of all debris and shoring from any containers leased hereunder prior to their return to Lessor. Lessee shall be liable for all costs and losses to Lessor arising out of Lessee’s failure to repair or maintain the equipment in good condition. If the foregoing obligations are performed by Lessor, all expenses relating thereto will be for the account of Lessee. b. Lessee shall use the equipment in accordance with good operating practices and so as to comply with all loading limitations, handling procedures and operating instructions prescribed by the manufacturer(s) thereof and by Lessor, including, but not limited to, current Regulations and Recommendations of the International Organization of Standardization and applicable local regulations, and shall prevent usage which may damage or shorten the life of the equipment such as excessive impact and unbalanced loading. Lessee shall not use the equipment for storage or transportation of goods which could damage the equipment including, without limitation, unprotected corrosive substances, poorly secured materials or bulk commodities which may corrode, oxidize, severely dent, puncture, contaminate, stain or damage the equipment. c. Container(s) supplied hereunder shall be used solely in international trade unless the use thereof in domestic transportation of goods is expressly permitted elsewhere in this Agreement. d. Receipt.or Receipt or delivery of equipment or any other act by an agent or employee of, or independent contractor engaged by, Lessee shall be deemed to be the act of Lessee and shall be binding upon Lessee. x. Xxxxxx’x equipment is identified by appropriate lettering and numbering, which Lessee agrees not to change or obliterate. Notwithstanding the foregoing, at the written request of Lessor, Lessee shall change or supplement such marks as Lessor shall request. Lessee may, however, add other markings as maybe may be required, provided that such additional markings will be removed and the surface of the equipment shall be in the same condition as prior to the addition of such markings when the equipment is redelivered to Lessor. If Lessee fails to remove such additional markings, Lessor shall remove such markings at Lessee’s cost. f. Lessee shall be responsible for the cost of removal of any intentional or unintentional amendments, alterations, or modifications made to the equipment and for returning the equipment to the same condition in which it was originally received by Lessee. g. . Lessee shall at its expense comply with all laws, regulations and orders which in any way affect the equipment or its use, operation or storage. Lessor shall have no responsibility for compliance with any such laws, regulations or orders, including, without limitation, all such laws, regulations or orders as may relate to customs, transportation, handling, safety and labor regulation. h. g. Lessee shall at its expense comply with all rules and practices of ports, depots, storage areas and transportation companies consistent with the other requirements of this Section 4. i. Lessor x. Xxxxxx shall deliver containers to Lessee which fully comply with the rules and standards of the International Convention for Safe Containers (“CSC”). Such containers shall have affixed CSC plates or CSC plates with an ACEP (Approved Continuous Examination Program) xxxx. It shall be the obligation of Lessee to comply with the CSC in all respects and Lessee shall have and exercise Lessor’s responsibilities under the CSC including, without limitation, plating (design-type approval to be obtained and plates to be provided by Lessor), maintenance, examination, re-examination and marking of each container. Such examination or re-examination shall be performed in accordance with the Rules and Regulations for the Safety Approval of Cargo Containers of the United States Department of Transportation. Lessee shall also comply with the Customs Conventions on Containers, 1956 and 1972, including, without limitation, all obligations of the operator relating to temporary admission, transport of goods under customs seal, maintenance of records and reporting to governmental authorities.

OPERATION, MAINTENANCE AND REPAIR. a. Lessee shall use the equipment properly properly, and shall, shall at its sole cost and expense, maintain the equipment in good repair and safe operating condition. Such maintenance shall include include, but not be limited to the replacement of all badly worn or broken parts with new parts of equivalent design and material, as well as the abrasive cleaning, priming and top coating of all corroded areas on a routine, routine "as needed basis". Lessee shall be liable for any repairs wrongly made made, or incompatible with the standards of a quality inferior to Lessor's minimum acceptable standard as set forth in the Repair Manuals Manual issued from time to time by the Institute of International Container Lessors. Lessee shall be responsible for all cleaning and decontamination costs with respect to equipment contaminated by cargo or otherwise and for removal of all debris and shoring from any containers leased hereunder prior to their return to Lessor. Lessee shall be liable for all costs and losses to Lessor arising out of Lessee’s 's failure to repair maintain the equipment in good condition or make such repairs or replace such parts as may be necessary to maintain the equipment in good condition. If the foregoing obligations are is performed by Lessor, all the expenses relating thereto will be for the account of Lessee. b. Lessee shall use the equipment in accordance with good operating practices and so as to shall comply with all loading limitations, handling procedures and operating instructions prescribed by the manufacturer(s) thereof Manufacturer and by Lessor, including, which include but are not limited to, current to the latest applicable Regulations and Recommendations of the International Organization of Standardization and as well as any applicable local regulations, and shall prevent usage which may damage or shorten the life of the equipment such as including, without limitation, excessive impact and unbalanced loading. Lessee shall not use the PLEASE INITIAL: LESSEE ____ LESSOR ____ equipment for storage or transportation of goods which could may damage the equipment including, without limitation, unprotected corrosive substances, poorly secured materials materials, or bulk commodities which may corrode, oxidize, severely dent, puncture, contaminate, stain or damage the equipment. Genstar understands that the Lessee intends to use this equipment to transport bulk potatoes and other agricultural commodities. Lessee is permitted to transport these bulk agricultural commodities provided that Lessee complies with all other terms and conditions of this agreement. c. Container(s) supplied hereunder shall be used solely in international trade unless the use thereof in domestic transportation of goods is expressly permitted elsewhere in this Agreement. d. Receipt.or Receipt or delivery of equipment or any other act by an agent or employee of, or independent contractor engaged by, by Lessee shall be deemed to be the act of Lessee and shall be binding upon Lessee. x. Xxxxxx’x Xxxxxx'x equipment is identified by appropriate lettering and numbering, numbering which Lessee agrees not to change or obliterate. Notwithstanding the foregoing, except that at the written request of Lessor, . Lessee shall change or supplement such marks as Lessor shall request. Lessee may, however, add other markings as maybe may be required, provided that the equipment so marked, when returned by Lessee to Lessor, shall be free of all such additional markings will be removed and the surface of the equipment shall be in the same condition conditions as prior to the addition of such markings when the equipment is redelivered to LessorLessee's markings. If Lessee fails to remove such additional markings, Lessor shall remove such markings at Lessee’s cost. f. Lessee shall be responsible for the cost account of removal of any intentional or unintentional amendments, alterations, or modifications made to the equipment and for returning the equipment to the same condition in which it was originally received by Lessee. g. e. Lessee shall shall, at its expense expense, comply with all laws, regulations and or orders which in any way affect the equipment or its use, operation or storage. Lessor shall have no responsibility for compliance with any such laws, regulations or orders, including, including without limitation, all such laws, regulations or orders as may relate to customs, transportation, handling, safety safety, and labor regulationregulations. h. f. Lessee shall shall, at its expense expense, comply with all rules and practices of ports, depots, storage areas and transportation companies consistent with the other requirements of this Section Paragraph 4. i. Lessor shall deliver g. If containers to Lessee which fully comply with the rules and standards of the International Convention for Safe Containers (“CSC”). Such containers shall have affixed CSC plates or CSC plates with an ACEP (Approved Continuous Examination Program) xxxx. It are leased hereunder, it shall be the obligation of Lessee to comply with the CSC International Convention for Safe Containers (CSC) in all respects and Lessee shall shall, pursuant to this Lease, have and exercise Lessor’s 's responsibilities under the CSC including, without limitation, : plating (design-type approval to be obtained and plates to be provided by Lessor), maintenance, examination, re-examination and marking with re-examination dates (stickers to be provided by Lessor) of each container. Such examination examination, or re-examination examination, shall be performed in accordance with the Rules and Regulations for the Safety Approval of Cargo Containers of the United States Department of Transportation. Lessee shall also comply with the Customs Conventions on Containers, 1956 and 1972, including, without limitation, all obligations of the operator relating to temporary admission, transport of goods under customs seal, maintenance of records and reporting to governmental or other authorities. h. Lessee will, upon Lessor's written request, furnish to Lessor a schedule or schedules showing the locations and dates at such locations that Lessor's equipment has been used by Lessee.