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 guideline with respect to the potential availability of such equipment and its potential pricing.
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 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. 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. 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. UROMED agrees and hereby grants to P&G an option to purchase EQUIPMENT and EQUIPMENT-related know-how at any time after CLOSING until two (2) years after CLOSING upon the payment of $400,000 (four hundred thousand dollars) to UROMED. If P&G elects to exercise this option, it will give UROMED thirty (30) days written notice of such intent. Upon exercise and payment in full, UROMED agrees it shall transfer full ownership of EQUIPMENT and EQUIPMENT-related know-how to P&G, or its designated AFFILIATE, free and clear of any liens or other encumbrances. P&G shall be responsible for shipping and storing the EQUIPMENT upon taking title to the EQUIPMENT at expiration of notice, it being understood title will transfer FOB UROMED storage facility. The option expires if not exercised within two (2) years after CLOSING.
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:
OPTION TO PURCHASE EQUIPMENT. 14 14. REDELIVERY..................................................................... 14 15. INDEMNITIES.................................................................... 15
OPTION TO PURCHASE EQUIPMENT. At the end of the Lease Period, and if no Termination Event has occurred and is continuing and all amounts payable by the Lessee under this Agreement have been paid by the Lessee, the Lessee shall have the option to purchase each and every item of the Equipment at a price of RM1. If the Lessee exercises its option hereunder the Lessor shall, at the request and expense of the Lessee, execute such documents and do such things as may reasonably be necessary to transfer ownership of the Equipment to the Lessee including ensuring that the Financiers' release and disclaim the Financiers' Interest in the Equipment and delivering the Equipment to the Lessee in such manner and within such time as may be required by the Lessee provided that payment for the exercise of the option has been settled. The Equipment shall be sold to the Lessee under this Clause in an "as is, where is" condition and without any conditions, warranties or representations of any kind being made or given by the Lessor in respect of the Equipment or otherwise.
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.
