Rent Payments. During the Schedule Term and any renewal terms, Lessee agrees to pay Lessor Rent Payments. Rent Payments shall be the amount equal to the Rent Payment amount specified in the Schedule multiplied by the amount of the total number of Rent Payments specified therein. Lessee shall pay Rent Payments in the amount and on the due dates specified by Lessor until all Rent Payments and all other amounts due under the Schedule have been paid in full. If the Schedule Commencement Date is other than the first day of a month, Lessee shall make an initial payment on the Schedule Commencement Date in an amount equal to one-thirtieth of the Rent Payment specified in the Schedule for each day from the Schedule Commencement Date (including the Schedule Commencement Date) through the last day of such month (including that day). For example, if a scheduled payment amount is $3,000 and the Scheduled Commencement date is the 15th of the month, a payment of $1,500 will be made. Any amounts received by Lessor from the Lessee in excess of Rent Payments and any other sums required to be paid by the Lessee shall be held as non-interest bearing security for Lessee’s faithful performance under the conditions of this MLA and any Schedule. All Rent Payments shall be paid to the Lessor at the address stated on the Schedule or any other such place as the Lessor or its assigns may hereafter direct to the Lessee. Lessee shall abide by Appendix A, Section 8J of the Contract in making payments to the Lessor. Any sum received by the Lessor later than ten (10) business days after its due date will bear interest from such due date at the rate of one-percent (1%) per month (or the maximum rate allowable by law, if less) until paid. Late charges, attorney’s fees and other costs or expenses necessary to recover Rent Payments and any other amounts owed by Lessee hereunder are considered an integral part of this MLA. Each Schedule is a net lease and except as specifically provided herein, Lessee shall be responsible for all costs and expenses arising in connection with the Schedule or Equipment. Lessee acknowledges and agrees, except as specifically provided for in Section 7 of this MLA, that its obligation to pay Rent and other sums payable hereunder, and the rights of Lessor and Lessor’s assignees, shall be absolute and unconditional in all events, and shall not be abated, reduced or subject to offset or diminished as a result of any event, including without limitation damage, destruction, defect, malfunction, loss of use, or obsolescence of the Equipment, or any other event, defense, counterclaim or recoupment due or alleged to be due by reason of any past, present or future claims Lessee may have against Lessor, Lessor’s assigns, the manufacturer, vendor, or maintainer of the Equipment, or any person for any reason whatsoever.
Appears in 24 contracts
Samples: Addendum to Network Upgrade Proposal, Proposal Quote Sheet, Master Lease Agreement
Rent Payments. (a) During the Schedule Term and any renewal termsterms agreed to by Lessee as specified herein, Lessee agrees to pay Lessor the Rent PaymentsPayments set forth in the relevant Schedule for each Asset. Rent Payments shall be the amount equal to the Rent Payment amount specified in the Schedule multiplied by the amount of the total number of Rent Payments specified therein. Lessee shall pay Rent Payments in the amount and on the due dates specified by Lessor until all Rent Payments and all other amounts due under the Schedule have been paid in full. If the Schedule Commencement Date is other than the first day of a month, Lessee shall make an initial payment on the Schedule Commencement Date in an amount equal to one-thirtieth of the Rent Payment specified in the Schedule for each day from the Schedule Commencement Date (including the Schedule Commencement Date) through the last day of such month (including that day). For example, if a scheduled payment amount is $3,000 and the Scheduled Commencement date is the 15th of the month, a payment of $1,500 will be made. Under no circumstances shall the present value of the Rent Payments exceed ninety percent (90%) of the value of the Assets.
(b) Any amounts received by Lessor from the Lessee in excess of Rent Payments and any other sums required to be paid by the Lessee shall be held as non-interest bearing security for Lessee’s faithful performance under the conditions of this MLA and any Schedulerefunded to Lessee within ninety (90) calendar days. All Rent Payments shall be paid to the Lessor at the address stated on the Schedule or any other such place as the Lessor or its assigns may hereafter direct to the Lessee. Lessee shall abide by Appendix A, Section 8J of the Contract in making payments to the Lessor. Any sum received by the Lessor later than ten Lessor's (10including its assignees') business days after its due date will bear interest from such due date at the rate of one-percent (1%) per month (or the maximum rate allowable by lawremedy for late payments is as set forth in Chapter 2251, if less) until paid. Late charges, attorney’s fees and other costs or expenses necessary to recover Rent Payments and any other amounts owed by Lessee hereunder are considered an integral part of this MLA. Each Schedule is a net lease and except as specifically provided herein, Lessee shall be responsible for all costs and expenses arising in connection with the Schedule or EquipmentTexas Government Code. Lessee acknowledges and agrees, except as specifically provided for in Section 7 8 (“Appropriation of Funds”) of this MLAMOLA and excluding claims resulting from a breach of Lessor’s obligations as set forth in this MOLA or any Schedule or of Lessee's rights under Section 16 (“Quiet Enjoyment”) hereof, that its Lessee’s obligation to pay Rent and other sums payable hereunder, and the rights of Lessor and Lessor’s assignees, shall be absolute and unconditional in all events, and shall not be abated, reduced or subject to offset or diminished as a result of any event, including without limitation damage, destruction, defect, malfunction, loss of use, or obsolescence of the Equipment, or any other event, defense, counterclaim or recoupment due or alleged to be due by reason of any past, present or future claims Lessee may have against LessorLessor under this Lease. Notwithstanding the foregoing, Lessor’s assigns, nothing in this Section or any other provision of this MOLA shall affect or preclude Lessee from enforcing any and all other rights it may have against Lessor and its assignees under this MOLA or otherwise affect any right Lessee may have against the manufacturer, vendor, manufacturer or maintainer licensor of the Equipment, Assets or any person for any reason whatsoeverparty other than Lessor.
Appears in 17 contracts
Samples: Master Operating Lease Agreement, Master Operating Lease Agreement, Master Operating Lease Agreement
Rent Payments. (a) During the Schedule Term and any renewal termsterms agreed to by Lessee as specified herein, Lessee agrees to pay Lessor the Rent PaymentsPayments set forth in the relevant Schedule for each Asset. Rent Payments shall be the amount equal to the Rent Payment amount specified in the Schedule multiplied by the amount of the total number of Rent Payments specified therein. Lessee shall pay Rent Payments in the amount and on the due dates specified by Lessor until all Rent Payments and all other amounts due under the Schedule have been paid in full. If the Schedule Commencement Date is other than the first day of a month, Lessee shall make an initial payment on the Schedule Commencement Date in an amount equal to one-thirtieth of the Rent Payment specified in the Schedule for each day from the Schedule Commencement Date (including the Schedule Commencement Date) through the last day of such month (including that day). For example, if a scheduled payment amount is $3,000 and the Scheduled Commencement date is the 15th of the month, a payment of $1,500 will be made. Under no circumstances shall the present value of the Rent Payments exceed ninety percent (90%) of the value of the Assets.
(b) Any amounts received by Lessor from the Lessee in excess of Rent Payments and any other sums required to be paid by the Lessee shall be held as non-interest bearing security for Lessee’s faithful performance under the conditions of this MLA and any Schedulerefunded to Lessee within ninety (90) calendar days. All Rent Payments shall be paid to the Lessor at the address stated on the Schedule or any other such place as the Lessor or its assigns may hereafter direct to the Lessee. Lessee shall abide by Appendix A, Section 8J 7J of the Contract in making payments to the Lessor. Any sum received by the Lessor later than ten Lessor's (10including its assignees') business days after its due date will bear interest from such due date at the rate of one-percent (1%) per month (or the maximum rate allowable by lawremedy for late payments is as set forth in Chapter 2251, if less) until paid. Late charges, attorney’s fees and other costs or expenses necessary to recover Rent Payments and any other amounts owed by Lessee hereunder are considered an integral part of this MLA. Each Schedule is a net lease and except as specifically provided herein, Lessee shall be responsible for all costs and expenses arising in connection with the Schedule or EquipmentTexas Government Code. Lessee acknowledges and agrees, except as specifically provided for in Section 7 8 (“Appropriation of Funds”) of this MLAMOLA and excluding claims resulting from a breach of Lessor’s obligations as set forth in this MOLA or any Schedule or of Lessee's rights under Section 16 (“Quiet Enjoyment”) hereof, that its Lessee’s obligation to pay Rent and other sums payable hereunder, and the rights of Lessor and Lessor’s assignees, shall be absolute and unconditional in all events, and shall not be abated, reduced or subject to offset or diminished as a result of any event, including without limitation damage, destruction, defect, malfunction, loss of use, or obsolescence of the Equipment, or any other event, defense, counterclaim or recoupment due or alleged to be due by reason of any past, present or future claims Lessee may have against LessorLessor under this Lease. Notwithstanding the foregoing, Lessor’s assigns, nothing in this Section or any other provision of this MOLA shall affect or preclude Lessee from enforcing any and all other rights it may have against Lessor and its assignees under this MOLA or otherwise affect any right Lessee may have against the manufacturer, vendor, manufacturer or maintainer licensor of the Equipment, Assets or any person for any reason whatsoeverparty other than Lessor.
Appears in 5 contracts
Samples: Master Operating Lease Agreement, Master Operating Lease Agreement, Master Operating Lease Agreement
Rent Payments. (a) During the Schedule Term and any renewal termsterms agreed to by Lessee as specified herein, Lessee agrees to pay Lessor the Rent PaymentsPayments set forth in the relevant Schedule for each Asset. Rent Payments shall be the amount equal to the Rent Payment amount specified in the Schedule multiplied by the amount of the total number of Rent Payments specified therein. Lessee shall pay Rent Payments in the amount and on the due dates specified by Lessor until all Rent Payments and all other amounts due under the Schedule have been paid in full. If the Schedule Commencement Date is other than the first day of a month, Lessee shall make an initial payment on the Schedule Commencement Date in an amount equal to one-thirtieth of the Rent Payment specified in the Schedule for each day from the Schedule Commencement Date (including the Schedule Commencement Date) through the last day of such month (including that day). For example, if a scheduled payment amount is $3,000 and the Scheduled Commencement date is the 15th of the month, a payment of $1,500 will be made. Under no circumstances shall the present value of the Rent Payments exceed ninety percent (90%) of the value of the Assets.
(b) Any amounts received by Lessor from the Lessee in excess of Rent Payments and any other sums required to be paid by the Lessee shall be held as non-interest bearing security for Lessee’s faithful performance under the conditions of this MLA MOLA (and any Schedule), and applied to reduce future Rent Payments. All Rent Payments shall be paid to the Lessor at the address stated on the Schedule or any other such place as the Lessor or its assigns may hereafter direct to the Lessee. Lessee shall abide by Appendix A, Section 8J 8K of the Contract in making payments to the Lessor. Any sum received by the Lessor later than ten Lessor's (10including its assignees') business days after its due date will bear interest from such due date at the rate of one-percent (1%) per month (or the maximum rate allowable by lawremedy for late payments is as set forth in Chapter 2251, if less) until paid. Late charges, attorney’s fees and other costs or expenses necessary to recover Rent Payments and any other amounts owed by Lessee hereunder are considered an integral part of this MLA. Each Schedule is a net lease and except as specifically provided herein, Lessee shall be responsible for all costs and expenses arising in connection with the Schedule or EquipmentTexas Government Code. Lessee acknowledges and agrees, except as specifically provided for in Section 7 8 (“Appropriation of Funds”) of this MLAMOLA and excluding claims resulting from a breach of Lessor’s obligations as set forth in this MOLA or any Schedule or of Lessee's rights under Section 16 (“Quiet Enjoyment”) hereof, that its Lessee’s obligation to pay Rent and other sums payable hereunder, and the rights of Lessor and Lessor’s assignees, shall be absolute and unconditional in all events, and shall not be abated, reduced or subject to offset or diminished as a result of any event, including without limitation damage, destruction, defect, malfunction, loss of use, or obsolescence of the Equipment, or any other event, defense, counterclaim or recoupment due or alleged to be due by reason of any past, present or future claims Lessee may have against LessorLessor under this Lease. Notwithstanding the foregoing, Lessor’s assigns, nothing in this Section or any other provision of this MOLA shall affect or preclude Lessee from enforcing any and all other rights it may have against Lessor and its assignees under this MOLA or otherwise affect any right Lessee may have against the manufacturer, vendor, manufacturer or maintainer licensor of the Equipment, Assets or any person for any reason whatsoeverparty other than Lessor.
Appears in 3 contracts
Samples: Master Operating Lease Agreement, Master Operating Lease Agreement, Master Operating Lease Agreement
Rent Payments. During the Schedule Term and any renewal termsterms agreed to by Xxxxxx as specified herein, Lessee Xxxxxx agrees to pay Lessor the Rent PaymentsPayments set forth in the relevant Schedule for each Asset. Rent Payments shall be the amount equal to the Rent Payment amount specified in the Schedule multiplied by the amount of the total number of Rent Payments specified therein. Lessee shall pay Rent Payments in the amount and on the due dates specified by Lessor until all Rent Payments and all other amounts due under the Schedule have been paid in full. If the Schedule Commencement Date is other than the first day of a month, Lessee shall make an initial payment on the Schedule Commencement Date in an amount equal to one-thirtieth of the Rent Payment specified in the Schedule for each day from the Schedule Commencement Date (including the Schedule Commencement Date) through the last day of such month (including that day). For example, if a scheduled payment amount is $3,000 and the Scheduled Commencement date is the 15th of the month, a payment of $1,500 will be made. Under no circumstances shall the present value of the Rent Payments exceed ninety percent (90%) of the value of the Assets. Any amounts received by Lessor from the Lessee in excess of Rent Payments and any other sums required to be paid by the Lessee shall be held as non-interest bearing security for Lessee’s faithful performance under the conditions of this MLA and any Schedulerefunded to Lessee within ninety (90) calendar days. All Rent Payments shall be paid to the Lessor at the address stated on the Schedule or any other such place as the Lessor or its assigns may hereafter direct to the Lessee. Lessee shall abide by Appendix A, Section 8J of the Contract in making payments to the Lessor. Any sum received by the Lessor later than ten Lessor's (10including its assignees') business days after its due date will bear interest from such due date at the rate of one-percent (1%) per month (or the maximum rate allowable by lawremedy for late payments is as set forth in Chapter 2251, if less) until paid. Late charges, attorney’s fees and other costs or expenses necessary to recover Rent Payments and any other amounts owed by Lessee hereunder are considered an integral part of this MLA. Each Schedule is a net lease and except as specifically provided herein, Lessee shall be responsible for all costs and expenses arising in connection with the Schedule or EquipmentTexas Government Code. Lessee acknowledges and agrees, except as specifically provided for in Section 7 8 (“Appropriation of Funds”) of this MLAMOLA and excluding claims resulting from a breach of Lessor’s obligations as set forth in this MOLA or any Schedule or of Lessee's rights under Section 16 (“Quiet Enjoyment”) hereof, that its Lessee’s obligation to pay Rent and other sums payable hereunder, and the rights of Lessor and Lessor’s assignees, shall be absolute and unconditional in all events, and shall not be abated, reduced or subject to offset or diminished as a result of any event, including without limitation damage, destruction, defect, malfunction, loss of use, or obsolescence of the Equipment, or any other event, defense, counterclaim or recoupment due or alleged to be due by reason of any past, present or future claims Lessee may have against LessorLessor under this Lease. Notwithstanding the foregoing, Lessor’s assigns, nothing in this Section or any other provision of this MOLA shall affect or preclude Lessee from enforcing any and all other rights it may have against Lessor and its assignees under this MOLA or otherwise affect any right Lessee may have against the manufacturer, vendor, manufacturer or maintainer licensor of the Equipment, Assets or any person for any reason whatsoeverparty other than Lessor.
Appears in 3 contracts
Samples: Master Operating Lease Agreement, Master Operating Lease Agreement, Master Operating Lease Agreement
Rent Payments. (a) During the Schedule Term and any renewal termsterms agreed to by Lessee as specified herein, Lessee agrees to pay Lessor the Rent PaymentsPayments set forth in the relevant Schedule for each Asset. Rent Payments shall be the amount equal to the Rent Payment amount specified in the Schedule multiplied by the amount of the total number of Rent Payments specified therein. Lessee shall pay Rent Payments in the amount and on the due dates specified by Lessor until all Rent Payments and all other amounts due under the Schedule have been paid in full. If the Schedule Commencement Date is other than the first day of a month, Lessee shall make an initial payment on the Schedule Commencement Date in an amount equal to one-thirtieth of the Rent Payment specified in the Schedule for each day from the Schedule Commencement Date (including the Schedule Commencement Date) through the last day of such month (including that day). For example, if a scheduled payment amount is $3,000 and the Scheduled Commencement date is the 15th of the month, a payment of $1,500 will be made. Under no circumstances shall the present value of the Rent Payments exceed ninety percent (90%) of the value of the Assets.
(b) Any amounts received by Lessor from the Lessee in excess of Rent Payments and any other sums required to be paid by the Lessee shall be held as non-interest bearing security for Lessee’s faithful performance under the conditions of this MLA MOLA (and any Schedule), and applied to reduce future Rent Payments. All Rent Payments shall be paid to the Lessor at the address stated on the Schedule or any other such place as the Lessor or its assigns may hereafter direct to the Lessee. Lessee shall abide by Appendix A, Section 8J of the Contract in making payments to the Lessor. Any sum received by the Lessor later than ten Lessor's (10including its assignees') business days after its due date will bear interest from such due date at the rate of one-percent (1%) per month (or the maximum rate allowable by lawremedy for late payments is as set forth in Chapter 2251, if less) until paid. Late charges, attorney’s fees and other costs or expenses necessary to recover Rent Payments and any other amounts owed by Lessee hereunder are considered an integral part of this MLA. Each Schedule is a net lease and except as specifically provided herein, Lessee shall be responsible for all costs and expenses arising in connection with the Schedule or EquipmentTexas Government Code. Lessee acknowledges and agrees, except as specifically provided for in Section 7 8 (“Appropriation of Funds”) of this MLAMOLA and excluding claims resulting from a breach of Lessor’s obligations as set forth in this MOLA or any Schedule or of Lessee's rights under Section 16 (“Quiet Enjoyment”) hereof, that its Lessee’s obligation to pay Rent and other sums payable hereunder, and the rights of Lessor and Lessor’s assignees, shall be absolute and unconditional in all events, and shall not be abated, reduced or subject to offset or diminished as a result of any event, including without limitation damage, destruction, defect, malfunction, loss of use, or obsolescence of the Equipment, or any other event, defense, counterclaim or recoupment due or alleged to be due by reason of any past, present or future claims Lessee may have against LessorLessor under this Lease. Notwithstanding the foregoing, Lessor’s assigns, nothing in this Section or any other provision of this MOLA shall affect or preclude Lessee from enforcing any and all other rights it may have against Lessor and its assignees under this MOLA or otherwise affect any right Lessee may have against the manufacturer, vendor, manufacturer or maintainer licensor of the Equipment, Assets or any person for any reason whatsoeverparty other than Lessor.
Appears in 3 contracts
Samples: Master Operating Lease Agreement, Master Operating Lease Agreement, Master Operating Lease Agreement
Rent Payments. During the Schedule Term and any renewal terms, Lessee agrees to pay Lessor Rent Payments. Rent Payments shall be the amount equal to the Rent Payment amount specified in the Schedule multiplied by the amount of the total number of Rent Payments specified therein. Lessee shall pay Rent Payments in the amount and on the due dates specified by Lessor until all Rent Payments and all other amounts due under the Schedule have been paid in full. If the Schedule Commencement Date is other than the first day of a month, Lessee shall make an initial payment on the Schedule Commencement Date in an amount equal to one-thirtieth of the Rent Payment specified in the Schedule for each day from the Schedule Commencement Date (including the Schedule Commencement Date) through the last day of such month (including that day). For example, if a scheduled payment amount is $3,000 and the Scheduled Commencement date is the 15th of the month, a payment of $1,500 will be made. Any amounts received by Lessor from the Lessee in excess of Rent Payments and any other sums required to be paid by the Lessee shall be held as non-interest bearing security for Lessee’s faithful performance under the conditions of this MLA and any Schedule. All Rent Payments shall be paid to the Lessor at the address stated on the Schedule or any other such place as the Lessor or its assigns may hereafter direct to the Lessee. Lessee shall abide by Appendix A, Section 8J 8K of the Contract in making payments to the Lessor. Any sum received by the Lessor later than ten (10) business days after its due date will bear interest from such due date at the rate of one-percent (1%) per month (or the maximum rate allowable by law, if less) until paid. Late charges, attorney’s fees and other costs or expenses necessary to recover Rent Payments and any other amounts owed by Lessee hereunder are considered an integral part of this MLA. Each Schedule is a net lease and except as specifically provided herein, Lessee shall be responsible for all costs and expenses arising in connection with the Schedule or Equipment. Lessee acknowledges and agrees, except as specifically provided for in Section 7 of this MLA, that its obligation to pay Rent and other sums payable hereunder, and the rights of Lessor and Lessor’s assignees, shall be absolute and unconditional in all events, and shall not be abated, reduced or subject to offset or diminished as a result of any event, including without limitation damage, destruction, defect, malfunction, loss of use, or obsolescence of the Equipment, or any other event, defense, counterclaim or recoupment due or alleged to be due by reason of any past, present or future claims Lessee may have against Lessor, Lessor’s assigns, the manufacturer, vendor, or maintainer of the Equipment, or any person for any reason whatsoever.
Appears in 3 contracts
Samples: Master Lease Agreement, Master Lease Agreement, Master Lease Agreement
Rent Payments. During the Schedule Term and any renewal terms, Lessee Xxxxxx agrees to pay Lessor Rent Payments. Rent Payments shall be the amount equal to the Rent Payment amount specified in the Schedule multiplied by the amount of the total number of Rent Payments specified therein. Lessee shall pay Rent Payments in the amount and on the due dates specified by Lessor until all Rent Payments and all other amounts due under the Schedule have been paid in full. If the Schedule Commencement Date is other than the first day of a month, Lessee shall make an initial payment on the Schedule Commencement Date in an amount equal to one-thirtieth of the Rent Payment specified in the Schedule for each day from the Schedule Commencement Date (including the Schedule Commencement Date) through the last day of such month (including that day). For example, if a scheduled payment amount is $3,000 and the Scheduled Commencement date is the 15th of the month, a payment of $1,500 will be made. Any amounts received by Lessor from the Lessee in excess of Rent Payments and any other sums required to be paid by the Lessee shall be held as non-interest bearing security for LesseeXxxxxx’s faithful performance under the conditions of this MLA and any Schedule. All Rent Payments shall be paid to the Lessor at the address stated on the Schedule or any other such place as the Lessor or its assigns may hereafter direct to the Lessee. Lessee shall abide by Appendix A, Section 8J of the Contract in making payments to the Lessor. Any sum received by the Lessor later than ten (10) business days after its due date will bear interest from such due date at the rate of one-percent (1%) per month (or the maximum rate allowable by law, if less) until paid. Late charges, attorney’s fees and other costs or expenses necessary to recover Rent Payments and any other amounts owed by Lessee hereunder are considered an integral part of this MLA. Each Schedule is a net lease and except as specifically provided herein, Lessee shall be responsible for all costs and expenses arising in connection with the Schedule or Equipment. Lessee acknowledges and agrees, except as specifically provided for in Section 7 of this MLA, that its obligation to pay Rent and other sums payable hereunder, and the rights of Lessor and LessorXxxxxx’s assignees, shall be absolute and unconditional in all events, and shall not be abated, reduced or subject to offset or diminished as a result of any event, including without limitation damage, destruction, defect, malfunction, loss of use, or obsolescence of the Equipment, or any other event, defense, counterclaim or recoupment due or alleged to be due by reason of any past, present or future claims Lessee may have against Lessor, Lessor’s assigns, the manufacturer, vendor, or maintainer of the Equipment, or any person for any reason whatsoever.
Appears in 3 contracts
Samples: Addendum to Network Upgrade Proposal, Contract for Products and Related Services, Master Lease Agreement
Rent Payments. (a) During the Schedule Term and any renewal termsterms agreed to by Xxxxxx as specified herein, Lessee Xxxxxx agrees to pay Lessor the Rent PaymentsPayments set forth in the relevant Schedule for each Asset. Rent Payments shall be the amount equal to the Rent Payment amount specified in the Schedule multiplied by the amount of the total number of Rent Payments specified therein. Lessee shall pay Rent Payments in the amount and on the due dates specified by Lessor until all Rent Payments and all other amounts due under the Schedule have been paid in full. If the Schedule Commencement Date is other than the first day of a month, Lessee shall make an initial payment on the Schedule Commencement Date in an amount equal to one-thirtieth of the Rent Payment specified in the Schedule for each day from the Schedule Commencement Date (including the Schedule Commencement Date) through the last day of such month (including that day). For example, if a scheduled payment amount is $3,000 and the Scheduled Commencement date is the 15th of the month, a payment of $1,500 will be made. Under no circumstances shall the present value of the Rent Payments exceed ninety percent (90%) of the value of the Assets.
(b) Any amounts received by Lessor from the Lessee in excess of Rent Payments and any other sums required to be paid by the Lessee shall be held as non-interest bearing security for Lessee’s faithful performance under the conditions of this MLA and any Schedulerefunded to Lessee within ninety (90) calendar days. All Rent Payments shall be paid to the Lessor at the address stated on the Schedule or any other such place as the Lessor or its assigns may hereafter direct to the Lessee. Lessee shall abide by Appendix A, Section 8J of the Contract in making payments to the Lessor. Any sum received by the Lessor later than ten Lessor's (10including its assignees') business days after its due date will bear interest from such due date at the rate of one-percent (1%) per month (or the maximum rate allowable by lawremedy for late payments is as set forth in Chapter 2251, if less) until paid. Late charges, attorney’s fees and other costs or expenses necessary to recover Rent Payments and any other amounts owed by Lessee hereunder are considered an integral part of this MLA. Each Schedule is a net lease and except as specifically provided herein, Lessee shall be responsible for all costs and expenses arising in connection with the Schedule or EquipmentTexas Government Code. Lessee acknowledges and agrees, except as specifically provided for in Section 7 8 (“Appropriation of Funds”) of this MLAMOLA and excluding claims resulting from a breach of Lessor’s obligations as set forth in this MOLA or any Schedule or of Lessee's rights under Section 16 (“Quiet Enjoyment”) hereof, that its Lessee’s obligation to pay Rent and other sums payable hereunder, and the rights of Lessor and Lessor’s assignees, shall be absolute and unconditional in all events, and shall not be abated, reduced or subject to offset or diminished as a result of any event, including without limitation damage, destruction, defect, malfunction, loss of use, or obsolescence of the Equipment, or any other event, defense, counterclaim or recoupment due or alleged to be due by reason of any past, present or future claims Lessee may have against LessorLessor under this Lease. Notwithstanding the foregoing, Lessor’s assigns, nothing in this Section or any other provision of this MOLA shall affect or preclude Lessee from enforcing any and all other rights it may have against Lessor and its assignees under this MOLA or otherwise affect any right Lessee may have against the manufacturer, vendor, manufacturer or maintainer licensor of the Equipment, Assets or any person for any reason whatsoeverparty other than Lessor.
Appears in 3 contracts
Samples: Master Operating Lease Agreement, Master Operating Lease Agreement, Master Operating Lease Agreement
Rent Payments. During the Schedule Term and any renewal termsterms agreed to by Lessee as specified herein, Lessee agrees to pay Lessor the Rent PaymentsPayments set forth in the relevant Schedule for each Asset. Rent Payments shall be the amount equal to the Rent Payment amount specified in the Schedule multiplied by the amount of the total number of Rent Payments specified therein. Lessee shall pay Rent Payments in the amount and on the due dates specified by Lessor until all Rent Payments and all other amounts due under the Schedule have been paid in full. If the Schedule Commencement Date is other than the first day of a month, Lessee shall make an initial payment on the Schedule Commencement Date in an amount equal to one-thirtieth of the Rent Payment specified in the Schedule for each day from the Schedule Commencement Date (including the Schedule Commencement Date) through the last day of such month (including that day). For example, if a scheduled payment amount is $3,000 and the Scheduled Commencement date is the 15th of the month, a payment of $1,500 will be made. Under no circumstances shall the present value of the Rent Payments exceed ninety percent (90%) of the value of the Assets. Any amounts received by Lessor from the Lessee in excess of Rent Payments and any other sums required to be paid by the Lessee shall be held as non-interest bearing security for Lessee’s faithful performance under the conditions of this MLA and any Schedulerefunded to Lessee within ninety (90) calendar days. All Rent Payments shall be paid to the Lessor at the address stated on the Schedule or any other such place as the Lessor or its assigns may hereafter direct to the Lessee. Lessee shall abide by Appendix A, Section 8J of the Contract in making payments to the Lessor. Any sum received by the Lessor later than ten Lessor's (10including its assignees') business days after its due date will bear interest from such due date at the rate of one-percent (1%) per month (or the maximum rate allowable by lawremedy for late payments is as set forth in Chapter 2251, if less) until paid. Late charges, attorney’s fees and other costs or expenses necessary to recover Rent Payments and any other amounts owed by Lessee hereunder are considered an integral part of this MLA. Each Schedule is a net lease and except as specifically provided herein, Lessee shall be responsible for all costs and expenses arising in connection with the Schedule or EquipmentTexas Government Code. Lessee acknowledges and agrees, except as specifically provided for in Section 7 8 (“Appropriation of Funds”) of this MLAMOLA and excluding claims resulting from a breach of Lessor’s obligations as set forth in this MOLA or any Schedule or of Lessee's rights under Section 16 (“Quiet Enjoyment”) hereof, that its Lessee’s obligation to pay Rent and other sums payable hereunder, and the rights of Lessor and Lessor’s assignees, shall be absolute and unconditional in all events, and shall not be abated, reduced or subject to offset or diminished as a result of any event, including without limitation damage, destruction, defect, malfunction, loss of use, or obsolescence of the Equipment, or any other event, defense, counterclaim or recoupment due or alleged to be due by reason of any past, present or future claims Lessee may have against LessorLessor under this Lease. Notwithstanding the foregoing, Lessor’s assigns, nothing in this Section or any other provision of this MOLA shall affect or preclude Lessee from enforcing any and all other rights it may have against Lessor and its assignees under this MOLA or otherwise affect any right Lessee may have against the manufacturer, vendor, manufacturer or maintainer licensor of the Equipment, Assets or any person for any reason whatsoeverparty other than Lessor.
Appears in 2 contracts
Samples: Master Operating Lease Agreement, Master Operating Lease Agreement
Rent Payments. You must pay Us the Total Rental Contract Amount for the Goods in accordance with the terms of this Agreement. You must make the following payments to Us on the following dates: Payment The date when the payment is due and payable First Rental Payment Commencement Date Rent Payments Payment Due Date Any Fees that are or may be payable in connection with this Agreement In accordance with the terms of this Agreement During the Schedule Term and any renewal termsapplication process, Lessee agrees We will ask You to select the frequency that You wish to pay Lessor rent on the Goods. You may select to pay rent each week, fortnight or month. When You have selected the frequency You wish to pay rent, We will advise You of the amount of Rent PaymentsPayment. Your Rent Payment is specified in Table 2 of the Rental Schedule. The Total Rental Contract Amount for the Goods will be the same (subject to minor rounding) regardless of the payment frequency You select in accordance with clause 4(b). During the Term, You must make Rent Payments shall in advance to Us. All Rent Payments once paid are not refundable. If the payment is due on a non-Business Day You must pay on the preceding Business Day. The First Rental Payment is due on the Commencement Date specified in the Rental Schedule. We will not authorise the delivery or the release of the Goods to You until We have received the First Rental Payment. The Total Rent Payment is due on the Payment Due Date specified in the Rental Schedule. If a Good has been terminated while You are renting other Goods then the Total Rent Payment will be the reduced by an amount equal to the Rent Payment amount specified for the Good that was terminated. We may assign any date We consider appropriate to a debit or credit to Your account (except that, in the Schedule multiplied by case of a debit, the date must not be earlier than the date on which the relevant transaction occurs). We credit payments to Your account as soon as practicable after We receive them. This is not necessarily the same day that You pay Us. Unless You have made payment of any amount owing to Us in accordance with the terms of this Agreement, You authorise Us to debit these payments to Your account. If Your account has a credit balance at any time, You may request that We transfer the credit balance to Your nominated bank account. If Your account has a credit balance at the end of the total number Term and You have made payment of Rent Payments specified therein. Lessee shall pay Rent Payments all amounts owing to Us in accordance with the amount and on the due dates specified by Lessor until all Rent Payments and all other amounts due under the Schedule have been paid in full. If the Schedule Commencement Date is other than the first day terms of a monththis Agreement, Lessee shall make an initial payment on the Schedule Commencement Date in an amount equal to one-thirtieth We will notify You of the Rent Payment specified credit balance and how We will transfer the credit balance to Your nominated bank account. You are liable for any Fees involved in processing the Schedule for each day from the Schedule Commencement Date (including the Schedule Commencement Date) through the last day of such month (including that day). For example, if a scheduled payment amount is $3,000 and the Scheduled Commencement date is the 15th of the month, a payment of $1,500 will be made. Any amounts received by Lessor from the Lessee credit balance in excess of Rent Payments clauses 5(c) and any other sums required 5(d) to be paid by the Lessee shall be held as non-interest bearing security for Lessee’s faithful performance under the conditions of this MLA and any Schedule. All Rent Payments shall be paid to the Lessor at the address stated on the Schedule or any other such place as the Lessor or its assigns may hereafter direct to the Lessee. Lessee shall abide by Appendix A, Section 8J of the Contract in making payments to the Lessor. Any sum received by the Lessor later than ten (10) business days after its due date will bear interest from such due date at the rate of one-percent (1%) per month (or the maximum rate allowable by law, if less) until paid. Late charges, attorney’s fees and other costs or expenses necessary to recover Rent Payments and any other amounts owed by Lessee hereunder are considered an integral part of this MLA. Each Schedule is a net lease and except as specifically provided herein, Lessee shall be responsible for all costs and expenses arising in connection with the Schedule or Equipment. Lessee acknowledges and agrees, except as specifically provided for in Section 7 of this MLA, that its obligation to pay Rent and other sums payable hereunder, and the rights of Lessor and Lessor’s assignees, shall be absolute and unconditional in all events, and shall not be abated, reduced or subject to offset or diminished as a result of any event, including without limitation damage, destruction, defect, malfunction, loss of use, or obsolescence of the Equipment, or any other event, defense, counterclaim or recoupment due or alleged to be due by reason of any past, present or future claims Lessee may have against Lessor, Lessor’s assigns, the manufacturer, vendor, or maintainer of the Equipment, or any person for any reason whatsoeverYour nominated bank account.
Appears in 2 contracts
Samples: Rental Agreement, Rental Agreement
Rent Payments. During the Schedule Term and any renewal terms, Lessee Xxxxxx agrees to pay Lessor Rent Payments. Rent Payments shall be the amount equal to the Rent Payment amount specified in the Schedule multiplied by the amount of the total number of Rent Payments specified therein. Lessee shall pay Rent Payments in the amount and on the due dates specified by Lessor until all Rent Payments and all other amounts due under the Schedule have been paid in full. If the Schedule Commencement Date is other than the first day of a month, Lessee shall make an initial payment on the Schedule Commencement Date in an amount equal to one-thirtieth of the Rent Payment specified in the Schedule for each day from the Schedule Commencement Date (including the Schedule Commencement Date) through the last day of such month (including that day). For example, if a scheduled payment amount is $3,000 and the Scheduled Commencement date is the 15th of the month, a payment of $1,500 will be made. Any amounts received by Lessor from the Lessee in excess of Rent Payments and any other sums required to be paid by the Lessee shall be held as non-interest bearing security for LesseeXxxxxx’s faithful performance under the conditions of this MLA and any Schedule. All Rent Payments shall be paid to the Lessor at the address stated on the Schedule or any other such place as the Lessor or its assigns may hereafter direct to the Lessee. Lessee shall abide by Appendix A, Section 8J 7C of the Contract in making payments to the Lessor. Any sum received by the Lessor later than ten (10) business days after its due date will bear interest from such due date at the rate of one-percent (1%) per month (or the maximum rate allowable by law, if less) until paid. Late charges, attorney’s fees and other costs or expenses necessary to recover Rent Payments and any other amounts owed by Lessee hereunder are considered an integral part of this MLA. Each Schedule is a net lease and except as specifically provided herein, Lessee shall be responsible for all costs and expenses arising in connection with the Schedule or Equipment. Lessee acknowledges and agrees, except as specifically provided for in Section 7 of this MLA, that its obligation to pay Rent and other sums payable hereunder, and the rights of Lessor and LessorXxxxxx’s assignees, shall be absolute and unconditional in all events, and shall not be abated, reduced or subject to offset or diminished as a result of any event, including without limitation damage, destruction, defect, malfunction, loss of use, or obsolescence of the Equipment, or any other event, defense, counterclaim or recoupment due or alleged to be due by reason of any past, present or future claims Lessee may have against Lessor, Lessor’s assigns, the manufacturer, vendor, or maintainer of the Equipment, or any person for any reason whatsoever.
Appears in 2 contracts
Rent Payments. During the Schedule Term and any renewal terms, Lessee agrees to pay Lessor Rent Payments. Rent Payments shall be the amount equal to the Rent Payment amount specified in the Schedule multiplied by the amount of the total number of Rent Payments specified therein. Lessee shall pay Rent Payments in the amount and on the due dates specified by Lessor until all Rent Payments and all other amounts due under the Schedule have been paid in full. If the Schedule Commencement Date is other than the first day of a month, Lessee shall make an initial payment on the Schedule Commencement Date in an amount equal to one-thirtieth of the Rent Payment specified in the Schedule for each day from the Schedule Commencement Date (including the Schedule Commencement Date) through the last day of such month (including that day). For example, if a scheduled payment amount is $3,000 and the Scheduled Commencement date is the 15th of the month, a payment of $1,500 will be made. Any amounts received by Lessor from the Lessee in excess of Rent Payments and any other sums required to be paid by the Lessee shall be held as non-interest bearing security for Lessee’s faithful performance under the conditions of this MLA and any Schedule. All Rent Payments shall be paid to the Lessor at the address stated on the Schedule or any other such place as the Lessor or its assigns may hereafter direct to the Lessee. Lessee shall abide by Appendix A, Section 8J 7J of the Contract in making payments to the Lessor. Any sum received by the Lessor later than ten (10) business days after its due date will bear interest from such due date at the rate of one-percent (1%) per month (or the maximum rate allowable by law, if less) until paid. Late charges, attorney’s fees and other costs or expenses necessary to recover Rent Payments and any other amounts owed by Lessee hereunder are considered an integral part of this MLA. Each Schedule is a net lease and except as specifically provided herein, Lessee shall be responsible for all costs and expenses arising in connection with the Schedule or Equipment. Lessee acknowledges and agrees, except as specifically provided for in Section 7 of this MLA, that its obligation to pay Rent and other sums payable hereunder, and the rights of Lessor and Lessor’s assignees, shall be absolute and unconditional in all events, and shall not be abated, reduced or subject to offset or diminished as a result of any event, including without limitation damage, destruction, defect, malfunction, loss of use, or obsolescence of the Equipment, or any other event, defense, counterclaim or recoupment due or alleged to be due by reason of any past, present or future claims Lessee may have against Lessor, Lessor’s assigns, the manufacturer, vendor, or maintainer of the Equipment, or any person for any reason whatsoever.
Appears in 1 contract
Samples: Master Lease Agreement
Rent Payments. (a) During the Schedule Term and any renewal termsterms agreed to by Lessee as specified herein, Lessee agrees to pay Lessor the Rent PaymentsPayments set forth in the relevant Schedule for each Asset. Rent Payments shall be the amount equal to the Rent Payment amount specified in the Schedule multiplied by the amount of the total number of Rent Payments specified therein. Lessee shall pay Rent Payments in the amount and on the due dates specified by Lessor until all Rent Payments and all other amounts due under the Schedule have been paid in full. If the Schedule Commencement Date is other than the first day of a month, Lessee shall make an initial payment on the Schedule Commencement Date in an amount equal to one-thirtieth of the Rent Payment specified in the Schedule for each day from the Schedule Commencement Date (including the Schedule Commencement Date) through the last day of such month (including that day). For example, if a scheduled payment amount is $3,000 and the Scheduled Commencement date is the 15th of the month, a payment of $1,500 will be made. Under no circumstances shall the present value of the Rent Payments exceed ninety percent (90%) of the value of the Assets.
(b) Any amounts received by Lessor from the Lessee in excess of Rent Payments and any other sums required to be paid by the Lessee shall be held as non-interest bearing security for Lessee’s faithful performance under the conditions of this MLA MOLA (and any Schedule), and applied to reduce future Rent Payments. All Rent Payments shall be paid to the Lessor at the address stated on the Schedule or any other such place as the Lessor or its assigns may hereafter direct to the Lessee. Lessee shall abide by Appendix A, Section 8J 8.C of the Contract in making payments to the Lessor. Any sum received by the Lessor later than ten Lessor's (10including its assignees') business days after its due date will bear interest from such due date at the rate of one-percent remedy for late payments is as set forth in Chapter 2251, Texas Government Code.
(1%c) per month (or the maximum rate allowable by law, if less) until paid. Late charges, attorney’s fees and other costs or expenses necessary to recover Rent Payments and any other amounts owed by Lessee hereunder are considered an integral part of this MLA. Each Schedule is a net lease and except as specifically provided herein, Lessee shall be responsible for all costs and expenses arising in connection with the Schedule or Equipment. Lessee acknowledges and agrees, except as specifically provided for in Section 7 8 (“Appropriation of Funds”) of this MLAMOLA and excluding claims resulting from a breach of Lessor’s obligations as set forth in this MOLA or any Schedule or of Lessee's rights under Section 16 (“Quiet Enjoyment”) hereof, that its Lessee’s obligation to pay Rent and other sums payable hereunder, and the rights of Lessor and Lessor’s assignees, shall be absolute and unconditional in all events, and shall not be abated, reduced or subject to offset or diminished as a result of any event, including without limitation damage, destruction, defect, malfunction, loss of use, or obsolescence of the Equipment, or any other event, defense, counterclaim or recoupment due or alleged to be due by reason of any past, present or future claims Lessee may have against LessorLessor under this Lease. Notwithstanding the foregoing, Lessor’s assigns, nothing in this Section or any other provision of this MOLA shall affect or preclude Lessee from enforcing any and all other rights it may have against Lessor and its assignees under this MOLA or otherwise affect any right Lessee may have against the manufacturer, vendor, manufacturer or maintainer licensor of the Equipment, Assets or any person for any reason whatsoeverparty other than Lessor.
Appears in 1 contract
Samples: Master Operating Lease Agreement
Rent Payments. During the Schedule Term and any renewal terms, Lessee agrees to pay Lessor Rent Payments. Rent Payments shall be the amount equal to the Rent Payment amount specified in the Schedule multiplied by the amount of the total number of Rent Payments specified therein. Lessee shall pay Rent Payments in the amount and on the due dates specified by Lessor until all Rent Payments and all other amounts due under the Schedule have been paid in full. If the Schedule Commencement Date is other than the first day of a month, Lessee shall make an initial payment on the Schedule Commencement Date in an amount equal to one-thirtieth of the Rent Payment specified in the Schedule for each day from the Schedule Commencement Date (including the Schedule Commencement Date) through the last day of such month (including that day). For example, if a scheduled payment amount is $3,000 and the Scheduled Commencement date is the 15th of the month, a payment of $1,500 will be made. Any amounts received by Lessor from the Lessee in excess of Rent Payments and any other sums required to be paid by the Lessee shall be held as non-interest bearing security for Lessee’s faithful performance under the conditions of this MLA and any Schedule. All Rent Payments shall be paid to the Lessor at the address stated on the Schedule or any other such place as the Lessor or its assigns may hereafter direct to the Lessee. Lessee shall abide by Appendix A, Section 8J 8I of the Contract in making payments to the Lessor. Any sum received by the Lessor later than ten (10) business days after its due date will bear interest from such due date at the rate of one-percent (1%) per month (or the maximum rate allowable by law, if less) until paid. Late charges, attorney’s fees and other costs or expenses necessary to recover Rent Payments and any other amounts owed by Lessee hereunder are considered an integral part of this MLA. Each Schedule is a net lease and except as specifically provided herein, Lessee shall be responsible for all costs and expenses arising in connection with the Schedule or Equipment. Lessee acknowledges and agrees, except as specifically provided for in Section 7 of this MLA, that its obligation to pay Rent and other sums payable hereunder, and the rights of Lessor and Lessor’s assignees, shall be absolute and unconditional in all events, and shall not be abated, reduced or subject to offset or diminished as a result of any event, including without limitation damage, destruction, defect, malfunction, loss of use, or obsolescence of the Equipment, or any other event, defense, counterclaim or recoupment due or alleged to be due by reason of any past, present or future claims Lessee may have against Lessor, Lessor’s assigns, the manufacturer, vendor, or maintainer of the Equipment, or any person for any reason whatsoever.
Appears in 1 contract
Samples: Master Lease Agreement
Rent Payments. During the Schedule Term and any renewal terms, Lessee Xxxxxx agrees to pay Lessor Rent Payments. Rent Payments shall be the amount equal to the Rent Payment amount specified in the Schedule multiplied by the amount of the total number of Rent Payments specified therein. Lessee shall pay Rent Payments in the amount and on the due dates specified by Lessor until all Rent Payments and all other amounts due under the Schedule have been paid in full. If the Schedule Commencement Date is other than the first day of a month, Lessee shall make an initial payment on the Schedule Commencement Date in an amount equal to one-thirtieth of the Rent Payment specified in the Schedule for each day from the Schedule Commencement Date (including the Schedule Commencement Date) through the last day of such month (including that day). For example, if a scheduled payment amount is $3,000 and the Scheduled Commencement date is the 15th of the month, a payment of $1,500 will be made. Any amounts received by Lessor from the Lessee in excess of Rent Payments and any other sums required to be paid by the Lessee shall be held as non-interest bearing security for LesseeXxxxxx’s faithful performance under the conditions of this MLA and any Schedule. All Rent Payments shall be paid to the Lessor at the address stated on the Schedule or any other such place as the Lessor or its assigns may hereafter direct to the Lessee. Lessee shall abide by Appendix A, Section 8J 8.C of the Contract in making payments to the Lessor. Any sum received by the Lessor later than ten (10) business days after its due date will bear interest from such due date at the rate of one-percent (1%) per month (or the maximum rate allowable by law, if less) until paid. Late charges, attorney’s fees and other costs or expenses necessary to recover Rent Payments and any other amounts owed by Lessee hereunder are considered an integral part of this MLA. Each Schedule is a net lease and except as specifically provided herein, Lessee shall be responsible for all costs and expenses arising in connection with the Schedule or Equipment. Lessee acknowledges and agrees, except as specifically provided for in Section 7 of this MLA, that its obligation to pay Rent and other sums payable hereunder, and the rights of Lessor and LessorXxxxxx’s assignees, shall be absolute and unconditional in all events, and shall not be abated, reduced or subject to offset or diminished as a result of any event, including without limitation damage, destruction, defect, malfunction, loss of use, or obsolescence of the Equipment, or any other event, defense, counterclaim or recoupment due or alleged to be due by reason of any past, present or future claims Lessee may have against Lessor, Lessor’s assigns, the manufacturer, vendor, or maintainer of the Equipment, or any person for any reason whatsoever.
Appears in 1 contract
Samples: Master Lease Agreement
Rent Payments. (a) During the Schedule Term and any renewal termsterms agreed to by Lessee as specified herein, Lessee agrees to pay Lessor the Rent PaymentsPayments set forth in the relevant Schedule for each Asset. Rent Payments shall be the amount equal to the Rent Payment amount specified in the Schedule multiplied by the amount of the total number of Rent Payments specified therein. Lessee shall pay Rent Payments in the amount and on the due dates specified by Lessor until all Rent Payments and all other amounts due under the Schedule have been paid in full. If the Schedule Commencement Date is other than the first day of a month, Lessee shall make an initial payment on the Schedule Commencement Date in an amount equal to one-thirtieth of the Rent Payment specified in the Schedule for each day from the Schedule Commencement Date (including the Schedule Commencement Date) through the last day of such month (including that day). For example, if a scheduled payment amount is $3,000 and the Scheduled Commencement date is the 15th of the month, a payment of $1,500 will be made. Under no circumstances shall the present value of the Rent Payments exceed ninety percent (90%) of the value of the Assets.
(b) Any amounts received by Lessor from the Lessee in excess of Rent Payments and any other sums required to be paid by the Lessee shall be held as non-interest bearing security for Lessee’s faithful performance under the conditions of this MLA MOLA (and any Schedule), and applied to reduce future Rent Payments. All Rent Payments shall be paid to the Lessor at the address stated on the Schedule or any other such place as the Lessor or its assigns may hereafter direct to the Lessee. Lessee shall abide by Appendix A, Section 8J 8I of the Contract in making payments to the Lessor. Any sum received by the Lessor later than ten Lessor's (10including its assignees') business days after its due date will bear interest from such due date at the rate of one-percent (1%) per month (or the maximum rate allowable by lawremedy for late payments is as set forth in Chapter 2251, if less) until paid. Late charges, attorney’s fees and other costs or expenses necessary to recover Rent Payments and any other amounts owed by Lessee hereunder are considered an integral part of this MLA. Each Schedule is a net lease and except as specifically provided herein, Lessee shall be responsible for all costs and expenses arising in connection with the Schedule or EquipmentTexas Government Code. Lessee acknowledges and agrees, except as specifically provided for in Section 7 8 (“Appropriation of Funds”) of this MLAMOLA and excluding claims resulting from a breach of Lessor’s obligations as set forth in this MOLA or any Schedule or of Lessee's rights under Section 16 (“Quiet Enjoyment”) hereof, that its Lessee’s obligation to pay Rent and other sums payable hereunder, and the rights of Lessor and Lessor’s assignees, shall be absolute and unconditional in all events, and shall not be abated, reduced or subject to offset or diminished as a result of any event, including without limitation damage, destruction, defect, malfunction, loss of use, or obsolescence of the Equipment, or any other event, defense, counterclaim or recoupment due or alleged to be due by reason of any past, present or future claims Lessee may have against LessorLessor under this Lease. Notwithstanding the foregoing, Lessor’s assigns, nothing in this Section or any other provision of this MOLA shall affect or preclude Lessee from enforcing any and all other rights it may have against Lessor and its assignees under this MOLA or otherwise affect any right Lessee may have against the manufacturer, vendor, manufacturer or maintainer licensor of the Equipment, Assets or any person for any reason whatsoeverparty other than Lessor.
Appears in 1 contract
Samples: Master Operating Lease Agreement
Rent Payments. (a) During the Schedule Term and any renewal termsterms agreed to by Lessee as specified herein, Lessee agrees to pay Lessor the Rent PaymentsPayments set forth in the relevant Schedule for each Asset. Rent Payments shall be the amount equal to the Rent Payment amount specified in the Schedule multiplied by the amount of the total number of Rent Payments specified therein. Lessee shall pay Rent Payments in the amount and on the due dates specified by Lessor until all Rent Payments and all other amounts due under the Schedule have been paid in full. If the Schedule Commencement Date is other than the first day of a month, Lessee shall make an initial payment on the Schedule Commencement Date in an amount equal to one-thirtieth of the Rent Payment specified in the Schedule for each day from the Schedule Commencement Date (including the Schedule Commencement Date) through the last day of such month (including that day). For example, if a scheduled payment amount is $3,000 and the Scheduled Commencement date is the 15th of the month, a payment of $1,500 will be made. Under no circumstances shall the present value of the Rent Payments exceed ninety percent (90%) of the value of the Assets.
(b) Any amounts received by Lessor from the Lessee in excess of Rent Payments and any other sums required to be paid by the Lessee shall be held as non-interest bearing security for Lessee’s faithful performance under the conditions of this MLA and any Schedule. All Rent Payments shall be paid refunded to the Lessor at the address stated on the Schedule or any other such place as the Lessor or its assigns may hereafter direct to the Lessee. Lessee shall abide by Appendix A, Section 8J of the Contract in making payments to the Lessor. Any sum received by the Lessor later than ten within ninety (1090) business days after its due date will bear interest from such due date at the rate of one-percent calendar days.
(1%c) per month (or the maximum rate allowable by law, if less) until paid. Late charges, attorney’s fees and other costs or expenses necessary to recover Rent Payments and any other amounts owed by Lessee hereunder are considered an integral part of this MLA. Each Schedule is a net lease and except as specifically provided herein, Lessee shall be responsible for all costs and expenses arising in connection with the Schedule or Equipment. Lessee acknowledges and agrees, except as specifically provided for in Section 7 8 (“Appropriation of Funds”) of this MLAMOLA and excluding claims resulting from a breach of Lessor’s obligations as set forth in this MOLA or any Schedule or of Lessee's rights under Section 16 (“Quiet Enjoyment”) hereof, that its Lessee’s obligation to pay Rent and other sums payable hereunder, and the rights of Lessor and Lessor’s assignees, shall be absolute and unconditional in all events, and shall not be abated, reduced or subject to offset or diminished as a result of any event, including without limitation damage, destruction, defect, malfunction, loss of use, or obsolescence of the Equipment, or any other event, defense, counterclaim or recoupment due or alleged to be due by reason of any past, present or future claims Lessee may have against LessorLessor under this Lease. Notwithstanding the foregoing, Lessor’s assigns, nothing in this Section or any other provision of this MOLA shall affect or preclude Lessee from enforcing any and all other rights it may have against Lessor and its assignees under this MOLA or otherwise affect any right Lessee may have against the manufacturer, vendor, manufacturer or maintainer licensor of the Equipment, Assets or any person for any reason whatsoeverparty other than Lessor.
Appears in 1 contract
Samples: Master Operating Lease Agreement
Rent Payments. (a) During the Schedule Term and any renewal termsterms agreed to by Xxxxxx as specified herein, Lessee Xxxxxx agrees to pay Lessor the Rent PaymentsPayments set forth in the relevant Schedule for each Asset. Rent Payments shall be the amount equal to the Rent Payment amount specified in the Schedule multiplied by the amount of the total number of Rent Payments specified therein. Lessee shall pay Rent Payments in the amount and on the due dates specified by Lessor until all Rent Payments and all other amounts due under the Schedule have been paid in full. If the Schedule Commencement Date is other than the first day of a month, Lessee shall make an initial payment on the Schedule Commencement Date in an amount equal to one-thirtieth of the Rent Payment specified in the Schedule for each day from the Schedule Commencement Date (including the Schedule Commencement Date) through the last day of such month (including that day). For example, if a scheduled payment amount is $3,000 and the Scheduled Commencement date is the 15th of the month, a payment of $1,500 will be made. Under no circumstances shall the present value of the Rent Payments exceed ninety percent (90%) of the value of the Assets.
(b) Any amounts received by Lessor from the Lessee in excess of Rent Payments and any other sums required to be paid by the Lessee shall be held as non-interest bearing security for LesseeXxxxxx’s faithful performance under the conditions of this MLA MOLA (and any Schedule), and applied to reduce future Rent Payments. All Rent Payments shall be paid to the Lessor at the address stated on the Schedule or any other such place as the Lessor or its assigns may hereafter direct to the Lessee. Lessee shall abide by Appendix A, Section 8J 8K of the Contract in making payments to the Lessor. Any sum received by the Lessor later than ten Lessor's (10including its assignees') business days after its due date will bear interest from such due date at the rate of one-percent (1%) per month (or the maximum rate allowable by lawremedy for late payments is as set forth in Chapter 2251, if less) until paid. Late charges, attorney’s fees and other costs or expenses necessary to recover Rent Payments and any other amounts owed by Lessee hereunder are considered an integral part of this MLA. Each Schedule is a net lease and except as specifically provided herein, Lessee shall be responsible for all costs and expenses arising in connection with the Schedule or EquipmentTexas Government Code. Lessee acknowledges and agrees, except as specifically provided for in Section 7 8 (“Appropriation of Funds”) of this MLAMOLA and excluding claims resulting from a breach of Lessor’s obligations as set forth in this MOLA or any Schedule or of Lessee's rights under Section 16 (“Quiet Enjoyment”) hereof, that its Lessee’s obligation to pay Rent and other sums payable hereunder, and the rights of Lessor and Lessor’s assignees, shall be absolute and unconditional in all events, and shall not be abated, reduced or subject to offset or diminished as a result of any event, including without limitation damage, destruction, defect, malfunction, loss of use, or obsolescence of the Equipment, or any other event, defense, counterclaim or recoupment due or alleged to be due by reason of any past, present or future claims Lessee may have against LessorLessor under this Lease. Notwithstanding the foregoing, Lessor’s assigns, nothing in this Section or any other provision of this MOLA shall affect or preclude Lessee from enforcing any and all other rights it may have against Lessor and its assignees under this MOLA or otherwise affect any right Lessee may have against the manufacturer, vendor, manufacturer or maintainer licensor of the Equipment, Assets or any person for any reason whatsoeverparty other than Lessor.
Appears in 1 contract
Samples: Master Operating Lease Agreement
Rent Payments. (a) During the Schedule Term and any renewal termsterms agreed to by Lessee as specified herein, Lessee agrees to pay Lessor the Rent PaymentsPayments set forth in the relevant Schedule for each Asset. Rent Payments shall be the amount equal to the Rent Payment amount specified in the Schedule multiplied by the amount of the total number of Rent Payments specified therein. Lessee shall pay Rent Payments in the amount and on the due dates specified by Lessor until all Rent Payments and all other amounts due under the Schedule have been paid in full. If the Schedule Commencement Date is other than the first day of a month, Lessee shall make an initial payment on the Schedule Commencement Date in an amount equal to one-thirtieth of the Rent Payment specified in the Schedule for each day from the Schedule Commencement Date (including the Schedule Commencement Date) through the last day of such month (including that day). For example, if a scheduled payment amount is $3,000 and the Scheduled Commencement date is the 15th of the month, a payment of $1,500 will be made. Under no circumstances shall the present value of the Rent Payments exceed ninety percent (90%) of the value of the Assets.
(b) Any amounts received by Lessor from the Lessee in excess of Rent Payments and any other sums required to be paid by the Lessee shall be held as non-interest bearing security for Lessee’s faithful performance under the conditions of this MLA MOLA (and any Schedule), and applied to reduce future Rent Payments. All Rent Payments shall be paid to the Lessor at the address stated on the Schedule or any other such place as the Lessor or its assigns may hereafter direct to the Lessee. Lessee shall abide by Appendix A, Section 8J 7C of the Contract in making payments to the Lessor. Any sum received by the Lessor later than ten Lessor's (10including its assignees') business days after its due date will bear interest from such due date at the rate of one-percent remedy for late payments is as set forth in Chapter 2251, Texas Government Code.
(1%c) per month (or the maximum rate allowable by law, if less) until paid. Late charges, attorney’s fees and other costs or expenses necessary to recover Rent Payments and any other amounts owed by Lessee hereunder are considered an integral part of this MLA. Each Schedule is a net lease and except as specifically provided herein, Lessee shall be responsible for all costs and expenses arising in connection with the Schedule or Equipment. Lessee acknowledges and agrees, except as specifically provided for in Section 7 8 (“Appropriation of Funds”) of this MLAMOLA and excluding claims resulting from a breach of Lessor’s obligations as set forth in this MOLA or any Schedule or of Lessee's rights under Section 16 (“Quiet Enjoyment”) hereof, that its Lessee’s obligation to pay Rent and other sums payable hereunder, and the rights of Lessor and Lessor’s assignees, shall be absolute and unconditional in all events, and shall not be abated, reduced or subject to offset or diminished as a result of any event, including without limitation damage, destruction, defect, malfunction, loss of use, or obsolescence of the Equipment, or any other event, defense, counterclaim or recoupment due or alleged to be due by reason of any past, present or future claims Lessee may have against LessorLessor under this Lease. Notwithstanding the foregoing, Lessor’s assigns, nothing in this Section or any other provision of this MOLA shall affect or preclude Lessee from enforcing any and all other rights it may have against Lessor and its assignees under this MOLA or otherwise affect any right Lessee may have against the manufacturer, vendor, manufacturer or maintainer licensor of the Equipment, Assets or any person for any reason whatsoeverparty other than Lessor.
Appears in 1 contract
Samples: Master Operating Lease Agreement
Rent Payments. (a) During the Schedule Term and any renewal termsterms agreed to by Lessee as specified herein, Lessee agrees to pay Lessor the Rent PaymentsPayments set forth in the relevant Schedule for each Asset. Rent Payments shall be the amount equal to the Rent Payment amount specified in the Schedule multiplied by the amount of the total number of Rent Payments specified therein. Lessee shall pay Rent Payments in the amount and on the due dates specified by Lessor until all Rent Payments and all other amounts due under the Schedule have been paid in full. If the Schedule Commencement Date is other than the first day of a month, Lessee shall make an initial payment on the Schedule Commencement Date in an amount equal to one-thirtieth of the Rent Payment specified in the Schedule for each day from the Schedule Commencement Date (including the Schedule Commencement Date) through the last day of such month (including that day). For example, if a scheduled payment amount is $3,000 and the Scheduled Commencement date is the 15th of the month, a payment of $1,500 will be made. Under no circumstances shall the present value of the Rent Payments exceed ninety percent (90%) of the value of the Assets.
(b) Any amounts received by Lessor from the Lessee in excess of Rent Payments and any other sums required to be paid by the Lessee shall be held as non-interest bearing security for Lessee’s faithful performance under the conditions of this MLA MOLA (and any Schedule), and applied to reduce future Rent Payments. All Rent Payments shall be paid to the Lessor at the address stated on the Schedule or any other such place as the Lessor or its assigns may hereafter direct to the Lessee. Lessee shall abide by Appendix A, Section 8J 8I of the Contract in making payments to the Lessor. Any sum received by the Lessor later than ten Lessor's (10including its assignees') business days after its due date will bear interest from such due date at the rate of one-percent (1%) per month (or the maximum rate allowable by lawremedy for late payments is as set forth in Chapter 2251, if less) until paid. Late charges, attorney’s fees and other costs or expenses necessary to recover Rent Payments and any other amounts owed by Lessee hereunder are considered an integral part of this MLA. Each Schedule is a net lease and except as specifically provided herein, Lessee shall be responsible for all costs and expenses arising in connection with the Schedule or EquipmentTexas Government Code. Lessee acknowledges and agrees, except as specifically provided for in Section 7 8 (“Appropriation of Funds”) of this MLAMOLA and excluding claims resulting from a breach of Lessor’s obligations as set forth in this MOLA or any Schedule or of Lessee's rights under Section 16 (“Quiet Enjoyment”) hereof, that its Lessee’s obligation to pay Rent and other sums payable hereunder, and the rights of Lessor and Lessor’s assignees, shall be absolute and unconditional in all events, and shall not be abated, reduced or subject to offset or diminished as a result of any event, including without limitation damage, destruction, defect, malfunction, loss of use, or obsolescence of the Equipment, or any other event, defense, counterclaim or recoupment due or alleged to be due by reason of any past, present or future claims Lessee may have against LessorLessor under this Lease. Notwithstanding the foregoing, Lessor’s assigns, nothing in this Section or any other provision of this MOLA shall affect or preclude Lessee from enforcing any and all other rights it may have against Lessor and its assignees under this MOLA or otherwise affect any right Lessee may have against the manufacturer, vendor, manufacturer or maintainer licensor of the Equipment, Assets or any person for any reason whatsoever.party other than Lessor. DIR Contract # DIR-SDD-2108 Page 5 of 17 Appendix H, MOLA
Appears in 1 contract
Samples: Master Operating Lease Agreement