REPOSSESSION OF EQUIPMENT a) If you fail to pay any Total Monthly Subscription Payment or if you fail to return the Equipment when you are required to do so under this Subscription Agreement, in addition to our other rights, Bepoz Global Pty. Limited or our authorised agents can, accompanied by your representative, repossess the Equipment.
b) Subject to complying with any applicable law, we may sell any repossessed Equipment at any time.
c) If we have not terminated this Subscription Agreement, you may collect the Equipment from us only if you have paid all amounts payable under this Subscription Agreement (including any amounts owing under clause 16(a)).
d) We may sell any Equipment we repossess at any time after this Subscription Agreement is terminated. The Net Sale Proceeds (being the actual amount received by us from the sale of the Equipment less all costs incurred by us in selling the Equipment, including agent’s fees or commissions, storage costs, transport costs and our administration costs) will be applied towards the Residual Amount and all other amounts payable by you under this Subscription Agreement or any other agreement between us or will be paid to you if you have previously paid all amounts due to us under this Subscription Agreement or any other agreement between us.
REPOSSESSION OF EQUIPMENT. The equipment may be repossessed at LESSEE’s cost and without notice if it is not returned on the due back date, used in violation of law or of this Agreement, appears to be abandoned, or if LESSEE gave false or misleading information at time of rental.
REPOSSESSION OF EQUIPMENT. The owner may repossess the equipment at any time if;
i. the hired equipment is in any way damaged or;
ii. the hirer is in breach of any term or condition of this Hire Agreement. iii the equipment is being misused or nuisance arising from the use of equipment has been caused.
REPOSSESSION OF EQUIPMENT. 17 SECTION 4.04 Theft and Physical Damage Insurance .........................17 SECTION 4.05 Covenants of the Servicer ...................................17 SECTION 4.06 Transfer of Contracts upon Breach ...........................18 SECTION 4.07 Servicing Fee ...............................................19 SECTION 4.08 Monthly Servicer Report......................................19 SECTION 4.09 Annual Statement as to Compliance............................19
REPOSSESSION OF EQUIPMENT. 18.1. In the event of: (i) any actual or anticipatory violation of or default in any of the terms and conditions of this Agreement by Customer and Customer’s failure to repair such default without delay upon receipt of United Rentals’ notice of default, (ii) permanent closure of the United Rentals’ store that rented the Equipment to Customer, or (iii) declaration of any emergency, disaster, or similar situation by any government authority, provided that such declaration is for an area that includes or is nearby a Customer jobsite, United Rentals’ employees or agents may terminate the rental and without notice or legal process, go upon Customer’s property and take all action reasonably necessary to repossess the Equipment. Customer waives all claims for damages and losses, physical or pecuniary, caused thereby, and shall pay all costs and expenses incurred by United Rentals in retaking the Equipment.
18.2. Should Customer claim that any of said Equipment contains property belonging to Customer, Customer shall give written notice to United Rentals of such fact within a period 24 hours after retaking by United Rentals. Failure to give such notice within said 24 hours shall forever bar Customer from asserting any claim or claims against United Rentals on account of property alleged to have been in said retaken Equipment.
REPOSSESSION OF EQUIPMENT. It is hereby agreed that Xxxxxx Transit Authority shall be entitled to immediate repossession of the vehicles and equipment in the event of:
a) Any change in the management or ownership of the Contractor, including changes of officers or the sale of a majority interest in the business of the Contractor;
b) The filing of any bankruptcy, receivership, or reorganization of the Contractor under a bankruptcy law;
c) The dissolution, merger, consolidation, or sale of a majority of the assets of the Contractor; or
d) Any Breach of this Contract.
REPOSSESSION OF EQUIPMENT. Without limiting the generality of the previous paragraph, in the event of any actual or anticipatory breach by Customer. G/A Machinery’s employees or agents, may without notice or legal process, go upon Customer's property and take all action reasonably necessary to repossess the Equipment, Customer waives all claims for damages and losses, physical or pecuniary, caused thereby, and shall pay all costs and expenses incurred by G/A Machinery in retaking the Equipment.
REPOSSESSION OF EQUIPMENT. IN THE EVENT CUSTOMER FAILS TO PAY ANY SUMS WHEN DUE BEYOND 90 DAYS, CYBER ADVISORS, LLC IN ADDITION TO ALL OTHER REMEDIES AVAILABLE TO IT AT LAW OR IN EQUITY AND NOT IN LIMITATION THEREOF, MAY AT ITS OPTION ENTER CUSTOMER'S PREMISES WITH OR WITHOUT NOTICE AND TAKE POSSESSION OF AND REMOVE THE HARDWARE, AND EITHER (I)
REPOSSESSION OF EQUIPMENT on behalf of the Purchaser, the Servicer shall use its best efforts, consistent with its customary servicing procedures, to repossess or otherwise take possession of the Equipment relating to any Lease which the Servicer shall have determined to be a Defaulted Lease (and shall specify such Lease to the Purchaser and the Trustee no later than the Determination Date following the Collection Period in which the Servicer shall have made such determination). The Servicer shall follow such customary and usual practices and procedures as it shall deem necessary or advisable in its servicing of equipment leases. The Servicer shall be entitled to recover all reasonable expenses incurred by it in the course of recovery and repossession of such Equipment solely from the proceeds of liquidation. All proceeds of liquidation ("Liquidation Proceeds") realized in connection with any such action with respect to a Lease which has not been retransferred under Section 3.03 shall be deposited by the Servicer in the Collection Account in the manner specified in Section 5.02 and shall be applied to reduce (or to satisfy, as the case may be) unpaid Rent Payments on such Lease. The foregoing shall be subject to the provision that, in any case in which the Equipment shall have suffered damage, the Servicer shall not expend funds in connection with the repair or the repossession of such Equipment unless it shall determine in its sole discretion that such repair and/or repossession will increase the Liquidation Proceeds of the related Lease by an amount equal to or greater than the amount of such expenses which, in any event, shall not be unreasonable.
REPOSSESSION OF EQUIPMENT. In the event of any actual or anticipatory breach by customer, RENTAL SERVICES OF TEXAS employees or agents may without notice or legal process, go upon customer’s property and take all action reasonably necessary to repossess the equipment. Customer waives all claims for damages and losses caused thereby and shall pay all costs and expense incurred by RENTAL SERVICES OF TEXAS in retaking the equipment. ● Loss Damage Waiver. Proof of insurance must be provided showing Rental Services of Texas, LLC (RST) as Loss Payee. In the event insurance coverage is not provided prior to delivery of taking possession of equipment , Xxxxxxxx agrees to purchase Loss Damage Waiver (LDW). The LDW charge will be 12% of the gross rental charge. Customer is not entitled to any refund or credit of LDW charges invoiced or paid. If LDW is paid, Customer will not be responsible for loss or damage, other than exclusions noted below, to the Equipment above $3500 per incident/ event. LOSS DAMAGE WAIVER IS NOT INSURANCE. ● If Customer fails to give notice of the loss, theft, damage or destruction of the equipment to Rentals Services of Texas, LLC within 24 hours of the incident/ event occurring; ● Lost equipment not reported by CUSTOMER to police within 24 hours of discovery, and substantiated by a written police report that is promptly delivered to RST. Notwithstanding anything to the contrary in the LDW, if lost equipment is later recovered, RST retains ownership of the equipment regardless of any payments made by Customer or Customer’s insurance company with respect to such equipment, all of which payments are non-refundable. Customer SHALL cooperate with RST on all claims and documents required at customers cost; ● If Customer fails to cooperate with RST in investigating the incident/event; ● Damage resulting from negligent transport; ● Damage from willful and reckless conduct; ● Tire damage is NOT covered by LDW;
