Common use of RETURN OF THE EQUIPMENT Clause in Contracts

RETURN OF THE EQUIPMENT. 1. At the end of the Rental Term, or upon any early termination of the Specific Agreement, the Lessee agrees, at its own expense and in its own responsibility, as follows: (1) to make any repairs and to replace any parts necessary for returning the Equipment to its original condition (the condition it was in when it was first received by the Lessee), provided that this shall not be applicable to any reasonable wear and tear; (2) to clean the Equipment in accordance with the recommendations of the manufacturer listed in column (b) of the Specific Agreement and in accordance with the best practices of dealers who deal in second-hand equipment that is similar to the Equipment; (3) to cause the removal of all the Lessee-installed markings or labels that are not necessary for the operation, maintenance or repair of the Equipment; (4) to ensure that the Equipment is in compliance with all applicable laws, rules and regulations; (5) to cause the Equipment to be disassembled, uninstalled and packed in accordance with the recommendations of the manufacturer listed in column (b) of the Specific Agreement by or under the supervision of such manufacturer or any other person acceptable to the Lessor (including, but not limited to the Lessee causing all internal fluids to be drained and disposed of or filled and secured in accordance with the recommendations of the manufacturer listed in column (b) of the Specific Agreement and in accordance with all laws, rules and regulations); and (6) to arrange for the Equipment to be delivered by a delivery company designated by the Lessor by making advance payment of the premium for insurance relating to such delivery or to directly deliver the Equipment in a manner consistent with the recommendations of the manufacturer listed in column (b) of the Specific Agreement and practices to any location as the Lessor shall direct and to have the Equipment unloaded at such location on a date specified by the Lessor. (7) Each Equipment (including any part or component thereof) to be returned must match the serial numbers specified in the related Specific Agreement. The Equipment or any part or component thereof whose serial number does not match the serial number in the Specific Agreement shall not be acceptable, even if they are of a quality similar or equal to that of the Equipment. 2. The Lessee shall maintain the Equipment with due care, in compliance with applicable laws and regulations including environmental related laws and in accordance with the recommendations of the manufacturer listed in column (b) of the Specific Agreement, until the Lessee completes Return of the Equipment. 3. In the event of delay of returning the Equipment as set forth in the preceding paragraph, upon the Lessor’s request, the Lessee shall pay delinquency charges in the amount equal to the Rent in proportion to the number of days that elapsed until Equipment is completely returned to Lessor. 4. Terms and conditions mentioned in column entitled “Terms and Conditions of Return of the Equipment” of the Specific Agreement shall constitute an integral part of this Agreement and shall prevail over other provisions hereof if there is any redundancy or inconsistency.

RETURN OF THE EQUIPMENT. 1. At As a condition to the end consummation of the Rental Term, or upon any early termination ----------------------- sale of the Specific AgreementEquipment pursuant to the Remarketing Option, the Lessee agreesshall, at its own expense and in its own responsibility, as followsexpense: (1a) At least ninety (90) days and not more than one hundred twenty (120) days prior to make any repairs the Expiration Date or earlier termination of this Master Lease, cause a manufacturer's representative or a qualified equipment maintenance provider, acceptable to the Lessor, to perform (i) a comprehensive physical inspection of all the components and to replace any parts necessary for returning capabilities of the Equipment (including but not limited to sensors, motors, controls, lubrication systems, and all hydraulic, electrical and mechanical controls and switches); (ii) a testing of software and a testing and examination of printed material coming off the press for its salability; and (iii) a review of the maintenance records including but not limited to lubrication, schedules, rollers resurfaced, blankets changed, etc. The inspection on each piece of the Equipment shall verify and certify that the Equipment can perform at its original condition (performance specifications with regard to speed, register control and quality of printed matter. If during such inspection, examination and test, the condition it was in when it was first received authorized inspector finds any of the material or workmanship to be defective or the Equipment not operating within manufacturer's specifications, then the Lessee shall repair or replace such defective material and, after corrective measures are completed, the Lessee shall provide for a follow-up inspection by the Lessee), provided that this shall not be applicable to any reasonable wear and tearauthorized inspector for the purposes of certifying the Equipment's performance capabilities as outlined above; (2b) to clean ensure that all of the Equipment and the operations thereof conform to all applicable local, state, and federal laws, and health and safety guidelines, including without limitation those prescribed by the Occupational Safety and Health Act; (c) provide for the de-installation, packing, transporting to any location(s) within the continental United States, all of which shall include, but not be limited to the following: the manufacturer's representative de-installing all of the Equipment (including all wire, cable and mounting hardware and software) in accordance with the recommendations specifications of the manufacturer listed manufacturer, the Equipment being removed by a licensed and insured erector/rigger who specializes in column (b) of the Specific Agreement printing equipment removal and in accordance with the best practices of dealers who deal in second-hand equipment that is similar to the Equipment; (3) to cause the removal of all the Lessee-installed markings or labels that are not necessary for the operation, maintenance or repair crating of the Equipment; (4) to ensure that the Equipment is , and shall be performed in compliance with all applicable lawsa prescribed manner, rules including proper marking and regulations; (5) to cause the Equipment to be disassembled, uninstalled labeling of electrical wires connections and packed in accordance with the recommendations of the manufacturer listed in column (b) of the Specific Agreement by or under the supervision of such manufacturer or any other person acceptable to the Lessor (including, but not limited to the Lessee causing all internal fluids to be drained and disposed of or filled and secured in accordance with the recommendations of the manufacturer listed in column (b) of the Specific Agreement and in accordance with all laws, rules and regulations)components; and (6d) to arrange provide insurance and safe, secure storage for the Equipment for sixty (60) days after the Expiration Date or earlier termination of this Master Lease at accessible location(s) satisfactory to be delivered by a delivery company designated by the Lessor by making advance payment of the premium for insurance relating to such delivery or to directly deliver the Equipment in a manner consistent with the recommendations of the manufacturer listed in column (b) of the Specific Agreement and practices to any location as the Lessor shall direct and to have the Equipment unloaded at such location on a date specified by the Lessor. (7) Each Equipment (including any part or component thereof) to be returned must match the serial numbers specified in the related Specific Agreement. The Equipment or any part or component thereof whose serial number does not match the serial number in the Specific Agreement shall not be acceptable, even if they are of a quality similar or equal to that of the Equipment. 2. The Lessee shall maintain the Equipment with due care, in compliance with applicable laws and regulations including environmental related laws and in accordance with the recommendations of the manufacturer listed in column (b) of the Specific Agreement, until the Lessee completes Return of the Equipment. 3. In the event of delay of returning the Equipment as set forth in the preceding paragraph, upon the Lessor’s request, the Lessee shall pay delinquency charges in the amount equal to the Rent in proportion to the number of days that elapsed until Equipment is completely returned to Lessor. 4. Terms and conditions mentioned in column entitled “Terms and Conditions of Return of the Equipment” of the Specific Agreement shall constitute an integral part of this Agreement and shall prevail over other provisions hereof if there is any redundancy or inconsistency.