Service of Equipment Sample Clauses

Service of Equipment. So long as Merchant is not in default of this Agreement, Harbortouch shall, for the monthly service charges set forth in Exhibit A hereto, provide service to the Merchant Location as set forth in this Section. (a) Technical Support: Merchant shall be entitled to twenty-four (24) hours a day, seven (7) days a week remote technical support for the Equipment. Harbortouch will use commercially reasonable efforts to answer questions and resolve any problems related to the Equipment and/or Software, but does not guarantee resolution of the problems reported. (b) Customization: Merchant shall be entitled to custom development and configuration of the Software. Such customization is done with the assistance of the Merchant who must provide information requested by Harbortouch. Upon completion of Equipment customization Harbortouch shall provide Merchant with an online presentation of the Equipment. Upon completion of this presentation, or if the Merchant declines to participate in such presentation, Merchant shall be required to complete a recorded voice verification which shall confirm that the Equipment meets the needs of the business. Merchant authorizes Harbortouch to record such verification and agrees that no Equipment shall be shipped prior to such verification. Any additional customization after the Equipment has been shipped to the Merchant is expressly excluded from this Agreement. Additional fees may apply. HARBORTOUCH DOES NOT WARRANT THAT CUSTOMIZATION WILL BE FREE FROM DEFECTS OR MISTAKES. HARBORTOUCH EXPRESSLY DISCLAIMS AND MERCHANT AGREES TO HOLD HARBORTOUCH HARMLESS FOR ANY ERRORS IN THE EQUIPMENT ONCE THE MERCHANT HAS COMPLETED VOICE VERIFICATION. (c) Installation/Training: Merchant shall be entitled to one (1) on-site installation of the Equipment including (1) one cable run to a point-of-sale system located no more than ten feet from the wall/cable connection and without the need to install any cable jacks into the wall (hereto referred to as a “Standard Cable Drop”). Merchant must verify time and place of installation. Additional fees will apply for cable drops in excess of the one provided herein. All on-site (at Merchant Location) installation and training shall be set up and confirmed no less than forty-eight(48) hours in advance of the scheduled training/installation. Such confirmation shall include but not be limited to the time and place of installation/training, and that the owner and/or authorized signer shall be at the Merchant Locati...
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Service of Equipment. It is a condition of hire that the Customer shall, with effect from the date of installation (as defined below) of the Equipment and at CoCre8's normal service charges, engage the service provided by CoCre8 in order to maintain the Equipment in good working order to the satisfaction of CoCre8. The aforesaid service charges and services shall be as recorded on the Hire Order and are subject to the Terms and Conditions applicable to Services as recorded in S1-S7 below.
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Service of Equipment. The Client or its nominee shall handle delivered equipment with care. The Client shall ensure that all delivered equipment will be protected form dust, direct sun light and humidity as specified by the manufacturer. The Client is obliged to ensure a regular ongoing servicing of all delivered equipment. WHO/GDF is entitled to check if delivered equipment has been regularly serviced. The Client will keep records on service intervention and will make them available to WHO or its supply partners on request.
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Service of Equipment. Xxxxx will provide FNW/FGI with maintenance and service for the pre and post-mix equipment as well as the refrigeration units.
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Service of Equipment. The Client or its nominee shall handle delivered equipment with care. The Client shall ensure that the Client will protect all delivered equipment form dust, direct sun light and humidity as specified by the manufacturer. The Client is obliged to ensure a regular ongoing servicing of all delivered equipment. WHO/TBP is entitled to check if delivered equipment has been regularly serviced. The Client will keep records on service intervention and will make them available to WHO or its partners on request.
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Service of Equipment. Commodore will have the exclusive right to service any aspect of its Intellectual Property which is attached to the Equipment. During the first year following the Commissioning Date, MES shall pay to Commodore $44.00 per hour for each hour of on-site labor required to service the Intellectual Property (the "Equipment Service, Rate"). In no event will Commodore charge MES for more than the aggregate amount of $450.00 for air fare, automobile rental and lodging in respect to each necessary trip for service to the Intellectual Property or the Equipment. The Equipment Service Rate will only be paid for non-warranty services provided at Dundalk Marine Terminal, and shall not include any travel time. MES will not be obligated to pay for more than one technician or other labor unless it agrees in writing prior to the arrival of the technician to Dundalk Marine Terminal. After the first year the Equipment Service Rate may be increased by mutual agreement of the parties, but in no event will the Equipment Service Rate increase by more than the Consumer Price Index for the Baltimore-Washington area. The repair of other non-Commodore parts or materials, which Commodore is able to service will be serviced at the same rate. If Commodore is unable to repair any non-Commodore parts or materials, Commodore shall immediately notify MES, and MES shall promptly arrange for the repair of such parts or materials. Commodore shall honor any express warranty made herein at its sole cost and expense.
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Service of Equipment. To assist IBM in product transition, in every country/territory where StorageTek has a service organization and IBM ** , at IBM's request, StorageTek agrees to ** :
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Related to Service of Equipment

  • Location of Equipment The Customer shall not remove the Equipment from the location shown herein as the place of use of the equipment, without prior written approval of the Company. The Customer shall inform the Company by email upon demand of the exact location of the Equipment while it is in the Customer’s possession.

  • Maintenance of Equipment The Equipment shall be maintained in good operating condition and repair (reasonable wear and tear excepted) and all necessary replacements of and repairs thereto shall be made so that the value and operating efficiency of the Equipment shall be maintained and preserved. No Borrower shall use or operate the Equipment in violation of any law, statute, ordinance, code, rule or regulation. Each Borrower shall have the right to sell Equipment to the extent set forth in Section 4.3 hereof.

  • 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 Units not paid when due (including, for the avoidance of doubt, Rent corresponding to the principal amount of the Equipment Notes to be prepaid in accordance with Section 2.10(a) of the Indenture) and (D) all other Rent in respect of the Terminated Units (exclusive of any Basic Rent on the Terminated Units due on such date) then due and payable hereunder (which shall include, without limitation, a portion of the Policy Provider Amounts and Policy Provider Reimbursement Costs, if any, equal to the product obtained by multiplying the unpaid Policy Provider Amounts and Policy Provider Reimbursement Costs by a fraction, the numerator of which shall be the Equipment Cost of the Terminated Units and the denominator of which shall be the aggregate Equipment Costs of all Units then subject to this Lease and Late Payment Interest related thereto), so that, after receipt and application of all such payments, but without withdrawal from any CAA Accounts other than the applicable Non-Shared Payments Account, (i) Lessor shall be entitled under the terms of the Collateral Agency Agreement to receive, and does receive, taking into account all payments of Basic Rent, in respect of all such Units, the sum of the portion of the Accumulated Equity Deficiency Amount allocable to the Terminated Units and Late Payment Interest related thereto and any other amounts then due to Lessor and (ii) the Policy Provider has received the portion of Policy Provider Amounts and Policy Provider Reimbursement Costs calculated above. If no sale shall have occurred, whether as a result of Lessee's failure to pay all of the amounts hereinabove required or otherwise, this Lease shall continue in full force and effect with respect to such Units and Lessee agrees to reimburse Lessor, Policy Provider and the Indenture Trustee for all reasonable costs and expenses (including reasonable legal fees and expenses) incurred by any thereof in connection therewith. Lessee, in acting as agent for Lessor, shall have no liability to Lessor for failure to obtain the best price, shall act in its sole discretion and shall be under no duty to solicit bids publicly or in any particular market. Owner Participant shall have the right, but not the obligation, to obtain bids either directly or through agents other than Lessee.

  • Removal of Equipment Subject, always, to the other terms and provisions of this Fee Agreement, the Company and any Sponsor Affiliates shall be entitled to remove and dispose of components of the Project from the Project in its sole discretion with the result that said components shall no longer be considered a part of the Project and, to the extent such constitute Economic Development Property, shall no longer be subject to the terms of this Fee Agreement. Economic Development Property is disposed of only when it is scrapped or sold or removed from the Project. If it is removed from the Project, it is subject to ad valorem property taxes to the extent the Property remains in the State and is otherwise subject to ad valorem property taxes.

  • LEASE OF EQUIPMENT Lessor leases to Lessee, and Lessee leases from Lessor, all the property described in the Lease Schedules which are signed from time to time by Lessor and Lessee.

  • SERVICES AND EQUIPMENT Section 21.01. Landlord shall, at its cost and expense:

  • Condition of Equipment Each Grantor will maintain or cause to be maintained and preserved in good condition, repair and working order, ordinary wear and tear excepted, the Equipment (necessary or useful to its business) and will forthwith, or in the case of any loss or damage to any Equipment of any Grantor within a commercially reasonable time after the occurrence thereof, make or cause to be made all repairs, replacements and other improvements in connection therewith which are necessary or desirable, consistent with past practice, or which the Collateral Agent may request to such end. Any Grantor will promptly furnish to the Collateral Agent a statement describing in reasonable detail any such loss or damage in excess of $25,000 per occurrence to any Equipment.

  • Use of Equipment mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by the Organization to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to use or operate the equipment within my own ability.

  • Purchase of Equipment U.S. Forest Service funds may be used by the to purchase equipment necessary to accomplish activities described in this Supplemental Project Agreement. The available funding is displayed in the financial plan. Title to the equipment rests with the U.S. Forest Service, but may be transferred to the on completion of the project, if appropriate.

  • RETURN OF EQUIPMENT (a) At the expiration or termination of this Agreement or any Schedule, Lessee shall perform any testing and repairs required to place the units of Equipment in the same condition and appearance as when received by Lessee (reasonable wear and tear excepted) and in good working order for the original intended purpose of the Equipment. If required the units of Equipment shall be deinstalled, disassembled and crated by an authorized manufacturer's representative or such other service person as is reasonably satisfactory to Lessor. Lessee shall remove installed markings that are not necessary for the operation, maintenance or repair of the Equipment. All Equipment will be cleaned, cosmetically acceptable, and in such condition as to be immediately installed into use in a similar environment for which the Equipment was originally intended to be used. All waste material and fluid must be removed from the Equipment and disposed of in accordance with then current waste disposal laws. Lessee shall return the units of Equipment to a location within the continental United States as Lessor shall direct. Lessee shall obtain and pay for a policy of transit insurance for the redelivery period in an amount equal to the replacement value of the Equipment. The transit insurance must name Lessor as the loss payee. The Lessee shall pay for all costs to comply with this section (a).

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