Sale of Equipment. During the period from the date of such notice given pursuant to Section 10.1 to the Termination Date, Lessee, as non-exclusive agent for Lessor and, except as provided in Section 10.3, at Lessee's sole cost and expense, shall use reasonable best efforts to obtain bids from Persons other than Lessee, the Manager or any of their respective Affiliates for the cash purchase of the Terminated Units, and Lessee shall promptly, and in any event at least five Business Days prior to the proposed date of sale, certify to Lessor in writing the amount and terms of each such bid, the proposed date of such sale and the name and address of the party submitting such bid. Unless Lessor shall have elected to retain the Terminated Units in accordance with Section 10.3, on the Termination Date:
(i) Lessee shall deliver the Terminated Units (excluding any optional Severable Modifications removed by Lessee pursuant to Section 9.2) to the bidder (which shall not be Lessee or Manager or an Affiliate of Lessee or Manager (for the avoidance of doubt the bidder may be a Customer, or a customer of the Manager, and neither the Manager nor any Affiliate shall be prohibited from managing the Units for such bidder after the purchase by such bidder)) that shall have submitted the highest cash bid prior to such date (or to such other bidder as Lessee and Lessor shall agree) and (ii) subject to the prior or concurrent receipt (x) by Lessor of all amounts owing to Lessor pursuant to the next sentence and (y) by the Persons entitled thereto of all unpaid Supplemental Rent due on or before the Termination Date, Lessor shall, without recourse or warranty (except as to the absence of any Lessor's Lien) simultaneously therewith transfer all of its right, title and interest in and to the Terminated Units to such bidder. The net proceeds of sale realized at such sale shall be paid to Lessor and, in addition, on the Termination Date, Lessee shall pay to Lessor (A) all Basic Rent with respect to such Terminated Units due and payable prior to the Termination Date (exclusive of any Basic Rent with respect to the Terminated Units due on such date), (B) the excess, if any, of (1) the Termination Amount for the Terminated Units computed as of the Termination Date over (2) the net cash sales proceeds (after the deduction of all applicable sales, transfer or similar taxes) of the Terminated Units, (C) an amount equal to any unpaid Late Payment Interest in respect of any Rent in respect of the Terminated Un...
Sale of Equipment. 15 Section 10.3 Retention of Equipment by Lessor.............................. 16 Section 10.4
Sale of Equipment. Company hereby sells to Buyer and Buyer hereby purchases from Company the equipment described on Exhibit A attached hereto and incorporated herein, and licenses the software contained therein (hereinafter "Equipment"). Such Equipment shall be shipped FOB Installation Site (as hereinafter defined in Paragraph 6), freight pre-paid and absorbed by Company.
Sale of Equipment. 8.1. The equipment will be delivered by courier.
8.2. The conditions for returning the equipment purchased from TELUS are as follows:
8.2.1. Call 0-000-000-0000 within five (5) business days of the delivery date to inform TELUS that the equipment will be returned and obtain TELUS’s authorization and the self-addressed pre-paid pouch required for the return;
8.2.2. The returned equipment must still look “new”;
8.2.3. The equipment must be returned in its original packaging with all its components and accessories;
8.2.4. The equipment must be returned within fourteen (14) business days of receiving the self-addressed pre-paid pouch for the return;
8.2.5. However, the Customer shall pay any initial delivery charges.
8.3. The only equipment warranties offered by TELUS are those offered by the manufacturer and delivered with the equipment. Usually:
8.3.1. The warranty period is calculated from the equipment purchase date;
8.3.2. The warranty period is twelve (12) months.
8.4. Not under warranty:
8.4.1. Damage caused by batteries or power surges, and defects caused by contact with water, sand or dust;
8.4.2. Theft or loss of the equipment or its components;
8.4.3. Discoloration or any other aesthetic damage that does not affect the operation of the equipment or its components;
8.4.4. Damage caused by improper installation, misuse, abuse or accident;
8.4.5. Deliberate damage or vandalism;
8.4.6. Damage resulting from repairs or attempted repairs by someone other than the manufacturer or authorized TELUS personnel;
8.4.7. Problems associated with a third-party Internet connection. Replacement charges apply if the replacement stems from one of the aforementioned items not covered.
8.5. If a defect is discovered during the warranty period, TELUS will replace the equipment with an identical or equivalent new or reconditioned model at no charge to the Customer. In such a case, the Customer shall return the defective equipment and its components, following the instructions received during the call to the repair centre or any other instructions posted on the TELUS website.
8.6. When the Customer chooses to pay the sale price in equal monthly instalments, the following constitute causes for forfeiture of the right to pay in this manner:
8.6.1. The Customer does not respect its obligation under this Agreement, notably the obligation to pay the agreed instalments;
8.6.2. The Customer becomes insolvent or declares bankruptcy or makes an arrangement with creditors with a vie...
Sale of Equipment. On the Closing Date (as hereinafter defined), Seller shall sell, assign, transfer and convey to Buyer, and Buyer shall purchase and acquire from Seller, free and clear of all liens, encumbrances and adverse claims (other than claims of lessees of the Equipment related to the lease and use thereof) that certain gaming equipment set forth on EXHIBIT 1.1 hereto (collectively, the "EQUIPMENT" and individually, an "EPS").
Sale of Equipment. Notwithstanding the above provisions of ----------------- this Section 6.1(j), Borrower may transfer or dispose of Equipment that is either being replaced or that is no longer necessary in connection with the operation of the Mortgaged Property free from the interest of Lender under this Agreement or any other Loan Document, provided such transfer or -------- disposal (when compared to the non-transfer or non-disposal of such Equipment) will not materially adversely affect the value of the Mortgaged Property, will not materially impair the utility thereof and will not violate any Material Agreement, Permitted Encumbrance or Legal Requirement and will not result in a reduction or abatement of, or right of offset against, the rentals or other amounts payable under any Lease as a result thereof, provided that any new Equipment acquired by Borrower (and not so -------- disposed of) shall be subject to the interest of Lender under this Agreement and the other Loan Documents unless leased to Borrower (in which event, Lender shall be made a collateral assignee of Borrower's interest in such lease (but, unless expressly subsequently assumed by Lender, Lender shall have no obligations under Borrower's interest therein)).
Sale of Equipment. In addition to the remedies set forth in Section 12.2, if any Lease Event of Default shall occur, Agent or Lessor may, but are not required to, sell the Equipment or any portion thereof in one or more sales. Lessor or Agent may purchase all or any part of the Equipment at such sale. Lessee acknowledges that sales for cash or on credit to a wholesaler, retailer or user of such Equipment, or at public or private auction, are all commercially reasonable. Any notice required by law of intended disposition by Lessor or Agent shall be deemed reasonably and properly given if given at least 10 days before such disposition.
Sale of Equipment. Notwithstanding the above provisions of this Section 6.1(i) and to the extent permitted to be carried out by the Property Managers without the consent of the applicable Borrower, Borrowers may transfer or dispose of Equipment that is either being replaced or that is no longer necessary in connection with the operation of any Property free from the interest of Lender under this Agreement or any other Loan Document, provided that such transfer or disposal (when compared to the non-transfer or non-disposal of such Equipment) will not materially adversely affect the value of any Property, will not impair the utility thereof and (except where the same would not have a Material Adverse Effect), will not result in a reduction or abatement of, or right of offset against, the rentals or other amounts payable under any Lease or any Operating Agreement, in either case as a result thereof, provided that any new Equipment acquired by any Borrower (and not so disposed of) shall be subject to the interest of Lender under this Agreement and the other Loan Documents unless leased to Borrowers (in which event, Lender shall be made a collateral assignee of the applicable Borrower's interest in such lease (but, unless expressly subsequently assumed by Lender, Lender shall have no obligations under the applicable Borrower's interest therein)).
Sale of Equipment. PPD agrees to sell and Xxxxxxxx agrees to purchase from PPD the equipment described in Schedule C (“Equipment”).
Sale of Equipment. 3.8.1 Title of all Equipment shall remain with the Company until the company has received payment in full for such Equipment.
3.8.2 If the Equipment is delivered to the Customer, until such receipt of payment by the Customer, the Company shall be deemed to be a bailee of the Equipment; under the terms of this bailment if payment of the total price of the Equipment is not made on the due date then the company shall have the right with or without notice at any time to retake possession of the whole or part of the Equipment (and for that purpose to go upon any premises occupied by the Customer).
3.8.3 The Company do not maintain any equipment unless there is a valid maintenance services Contract in place.
3.8.4 The Company will honour the Manufacturers Warranty on equipment sold but the Customer may be charged for any third party costs arising from not being covered by the warranty.
3.8.5 The Customer may raise support requests on the equipment not covered by a maintenance service and the Company will advise on the charges.
