OPTION TO PURCHASE EQUIPMENT. In addition to the disclosure of information under Section 5.6 above, Array agrees to sell to Chiroscience one or more duplicates of any or all of the HSS Equipment, at a price to be reasonably agreed by the parties. Such sale shall be [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. made pursuant to a confidential sales agreement to be agreed upon, which will include (among other provisions) a commitment by Chiroscience not to reverse engineer such HSS Equipment and not to provide or disclose the HSS Equipment to any third party. Chiroscience shall have the right to exercise this option at any time during the term of this Agreement or within six (6) months thereafter; it being understood that Chiroscience has no obligation to purchase such equipment. Without limiting the foregoing, in the event that Array is restricted from selling any particular piece of HSS Equipment to Chiroscience, Array agrees to assist Chiroscience in acquiring any/or integrating such HSS Equipment on reasonable terms and conditions to be agreed. Notwithstanding anything to the contrary in this Agreement, its Exhibits or otherwise, Chiroscience may without any obligation to Array or restriction obtain and use laboratory equipment, reagents, consumables, software, know-how, and other articles available from persons other than Array, in conjunction with Chiroscience's use of the HSS Equipment or otherwise, provided however, for purposes of this Paragraph 5.7, Chiroscience shall not disclose to any third party the Array Confidential Information as defined in paragraph 2 of Exhibit G unless prior written approval is obtained from Array.
OPTION TO PURCHASE EQUIPMENT. CCI is developing automation instrumentation for internal purposes and is currently evaluating its options for making such instrumentation available to its collaborators or for commercial sale, either directly or through a Third Party. An automation summary has been provided in Appendix E to serve as a *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. guideline with respect to the potential availability of such equipment and its potential pricing.
OPTION TO PURCHASE EQUIPMENT. Lessee shall have the right at any time during the Term to purchase new Equipment; provided, however, that prior to the exercise of this option, Lessee shall not have defaulted under or been in breach of this Agreement. The purchase price for the Equipment shall be AMD’s then current undiscounted retail sales price for the Equipment, provided, however, that AMD shall credit against the undiscounted retail purchase price of the Equipment the product of (i) the lesser of (y) thirty six (36) or (z) the number of monthly service fee payments (determined by operation of Column B of the first page of this Agreement) received by AMD from Lessee prior to the exercise of this option, times (ii) the amount of the monthly service fee for the leased Equipment (also determined by operation of Column B of the first page of this Agreement) to be exchanged for the purchased Equipment. This option shall be exercised by giving AMD written notice of its exercise within the Term, by returning the Equipment to AMD in accordance with the Section in this Agreement entitled “Return of Equipment” and by
OPTION TO PURCHASE EQUIPMENT. A new section 1.10 is hereby inserted into the Supply Agreement as follows: “
OPTION TO PURCHASE EQUIPMENT. Tenant in Tenant’s discretion, or if Tenant is dissolved then it’s Members, have the option to purchase equipment subject to this lease during any term of this lease.
OPTION TO PURCHASE EQUIPMENT. If the Customer is not in breach of any term of this Agreement and no event of default as specified in Clause 3.15 has occurred that it is continuing, the Customer may, at any time during or upon the last day of the Payment Period of a Supplement, elect to purchase, subject to clause 3.9, the Equipment specified in that Supplement by:
(a) giving fourteen (14) days prior written notice to GE Capital; and
(b) where the Customer elects to purchase that Equipment during the Payment Period of that Supplement - paying to GE Capital an amount equal to the total Periodic Payments payable over the balance of the Payment Period of that Supplement brought to a present value as at the date upon which the next following Periodic Payment is due to be paid after the expiration of the fourteen (14) day period referred to in paragraph (a) hereof ("the Exercise Date") by applying the Discount rate to each such Periodic Payment over the period by which the date for payment thereof is by virtue of this Clause brought forward together with an amount equal to any stamp duty payable in respect of such rebated total; and
(c) paying to GE Capital the amount of any other moneys due, owing or payable to GE Capital by the Customer under this Agreement and upon receipt by GE Capital of all such moneys on or before the Exercise Date, GE Capital shall sell that Equipment to the Customer on the Exercise Date PROVIDED THAT unless and until the Customer makes such election, GE Capital shall retain full title and property to and in that Equipment and the Customer shall be bailee of the Equipment only to use the same subject to the terms and conditions contained herein. The Customer expressly agrees and acknowledges that the option to purchase contained in this Clause shall not extend or apply to any Software whatsoever.
OPTION TO PURCHASE EQUIPMENT. If Owner elects its option to extend this Agreement for a minimum term of 3 years, Owner shall have the exclusive right and option to purchase Contractor's equipment described on Exhibit A at any time after the 36th month at its then fair market value determined by agreement of the parties or by independent appraisal by a mutually acceptable appraiser. The cost of the appraisal shall be borne by Owner. Owner shall exercise its option, if at all, by written notice to Contractor. Upon the closing of the purchase of the equipment, if this Agreement continues if effect, Owner shall thereafter furnish such equipment for Contractor's use hereunder and Owner's obligation to pay fixed monthly fees shall terminate. Notwithstanding the preceding paragraph, at any time that Contractor is in default under Section 9.1 of this Agreement, Owner shall have the right, but not the obligation, to purchase the equipment described on Exhibit A at its then current fair market value as determined as provided above.
OPTION TO PURCHASE EQUIPMENT. Provided no Event of Default has occurred and is continuing under the Lease, Lessee shall have the option, exercisable by written notice to Lessor received by Lessor at least thirty (30) days before the expiration of the Lease Term to purchase on the day following the last day of such Lease Term (herein "Purchase Date") all but not less than all of the Equipment subject to the Lease for a Purchase Option Price of $1.00. Provided Lessee has exercised its option to purchase, Lessee shall pay to Lessor on the Purchase Date the aforementioned purchase price in cash, together with all sales and other taxes or costs applicable to the transfer of the Equipment and any other amounts as may be due and owing under the Lease, whereupon Lessor shall transfer its interest in the Equipment to Lessee without recourse, on an AS-IS, WHERE-IS basis and without any warranty, express or implied from Lessor, other than the absence of any liens created by or through Lessor, except those (if any) Lessee is obligated to discharge. In the event that Lessee fails to exercise such purchase option, Lessee shall (upon termination of the Lease) return the Equipment to Lessor upon demand, in accordance with the provisions of the Lease.
OPTION TO PURCHASE EQUIPMENT. (a) Upon the expiration of the Term or termination of this Agreement for any reason, Owner shall have the option, and is hereby granted such option, to purchase or, if leased by Contractor (acknowledging that any such Equipment lease shall have been entered into by Contractor with Owner's consent and approval) buy out the lease(s) for all or part of Contractor's Equipment, subject to the terms and conditions of such lease(s). The buy out price for Contractor-owned Equipment shall be * determined in the manner set forth in Schedule VII, as of the year and month of the buy out, as may be equitably adjusted pursuant to this Section 11.6. The buy out price for any of Contractor's leased Equipment shall be the stipulated buy out price under the terms of the particular lease agreement being purchased by Owner. Owner shall assume, and Owner and lessor shall release and waive any and all rights of recourse Owner or lessor may have against Contractor for any and all liabilities, obligations and covenants arising under such Equipment lease(s) after such Equipment lease(s) are bought out by Owner; provided that Contractor shall remain liable for and indemnify Owner against any and all liabilities, obligations and covenants under such Equipment lease(s) arising before such Equipment lease(s) are bought out by Owner. Owner shall exercise its option to purchase the Equipment or buy out the lease for any Equipment by delivering written notice to Contractor on or prior to the expiration of the Term or termination of this Agreement. In the event Owner is electing to purchase any of Contractor's owned Equipment, Owner's notice shall include Owner's nomination of a certified, independent, third party appraiser. Upon reaching agreement on a mutually agreeable appraiser, Owner shall cause the appraiser to perform a valuation appraisal of the Equipment at Owner's expense. To the extent that the appraisal indicates that the Equipment does not comply with the warranty provisions set forth in Section 11.5, Contractor may, at its option, repair, restore or replace the affected Equipment or accept an equitably adjusted purchase price for such affected Equipment. In no event shall the buy out price for Contractor's owned Equipment be adjusted upward. Schedule VII shall be updated annually and submitted, certified, to Owner's Representative in connection with development of the annual Target Price.
(b) All Equipment not purchased or assumed by Owner through the buy out of an Equipment...
OPTION TO PURCHASE EQUIPMENT. Landlord, in further consideration of foregoing the lease, hereby grants to Tenant, prior to the expiration of the 5 year period of the lease but not before September 1, 1999, the sole, exclusive and irrevocable right to purchase the Equipment for a sum not to exceed fair market value. Tenant must exercise the option by mailing or delivering a written notice of exercise of said option to Landlord on or before September 1, 2001. Landlord shall deliver to Tenant a warranty Xxxx of Sale for the Equipment within ten days after receipt of such written notice from Tenant.
