Power and Duties of PDS; Expenses Sample Clauses

Power and Duties of PDS; Expenses. All day-to-day remarketing decisions shall be made PDS in the reasonable exercise of its judgment; provided that PDS shall obtain the written consent of Xxxxxx prior to making any commitment on behalf of Xxxxxx. Xxxxxx shall be entitled to review and approve all documentation proposed to be executed to accomplish any proposed remarketing. PDS shall remarket the Equipment and Future Equipment in a matter consistent with its current business practices at a consideration reasonably acceptable to Xxxxxx, or, if Xxxxxx shall refuse to accept the proposed remarketing consideration, at a consideration not less than its then Fair Market Value. PDS shall have the authority under Section 8.1 and this section to execute any and all necessary or advisable documents to consummate any remarketing of the Equipment or Future Equipment approved in accordance herewith, including to execute leases or sales agreements. PDS shall undertake at PDS's expense (unless such obligations are being performed by any User pursuant to any expiring or a new User Lease), all necessary deinstallation, transportation, refurbishing, reinstalling and insuring of the Equipment or Future Equipment as may be required for the performance of any remarketing hereunder. PDS shall pay, at its own expense, all advertising, direct mail, travel expenses and commissions payable to its employees or agents in connection with its remarketing activities hereunder. Upon any remarketing of the Equipment or Future Equipment, any costs incurred by PDS in the performance of its remarketing activities under this Agreement, exclusive of any commissions or brokerage fees payable to PDS's employees or agents, shall be reimbursed or paid to PDS, as the case may be, from the proceeds of the related User Lease or sales agreement prior to making any other payments to any party there from. Any reimbursement to PDS under this Agreement shall be paid wholly out of the proceeds of the User Lease or sales agreements covering the Equipment or Future Equipment with respect to which such remarketing expenses are incurred. All Residual Profits payable to Xxxxxx hereunder shall be paid not later than 30 business days following the date of receipt by PDS.
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