Supply of Equipment - Subscription Sample Clauses

Supply of Equipment - Subscription. This clause 4.2 applies to Subscriptions only (a) Catapult shall make available to you, and grants you a right to use, the Equipment during the Term. Title in, and ownership of, Equipment will remain with Catapult at all times (and will not pass to you); (b) you must: (i) keep the Equipment in good order and repair (reasonable wear and tear excepted); (ii) keep the Equipment in safe custody and in your possession or control at all times; (iii) notify Catapult within 24 hours of becoming aware that any Equipment has been lost, stolen, damaged or destroyed, or has become inoperable; (iv) not, without Catapult’s written consent and whether during or after the Term, sell, dispose of, lend, sub-license, encumber, or permit any person other than your Personnel to use, the Equipment in any way (or attempt to do the same); (v) must, after the Term and on demand from Catapult, deal with the Equipment in the manner specified in the Order (at your cost) or in such other manner as reasonably directed by Catapult (provided that Catapult agrees to pay any reasonable out-of-pocket expenses incurred by you in complying with that direction); (vi) not alter or remove any markings (or similar) on the Equipment (including proprietary or identifying markings, trade marks, registration numbers and certification numbers); and (vii) not make any alteration, modification or repairs (or similar) to the Equipment without the prior written consent of Catapult (which may be withheld at its discretion).
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Supply of Equipment - Subscription. 设备供应-租赁方式 This clause 4.2 applies to Subscriptions only / 本第 4.2 条仅适用于租赁方式 Where and to the extent the Equipment is procured on a Subscription basis: 在设备以租赁方式采购的情况下和范围内: (a) Catapult shall make available to you, and grants you a right to use, the Equipment during the Term. Title in, and ownership of, Equipment will remain with Catapult at all times (and will not pass to you); 开特普应在有效期内向贵方提供设备并授予贵方设备的使用权。设备的所有权将始终归开特普所有(且不会转移至贵方); (b) you must: 贵方: keep the Equipment in good order and repair (reasonable wear and tear excepted); 必须将设备保持在良好工作状态和修缮状态(合理磨损除外); keep the Equipment in safe custody and in your possession or control at all times; 始终妥善地保管设备,并使其始终处于贵方的占有或控制之下; notify Catapult within 24 hours of becoming aware that any Equipment has been lost, stolen, damaged or destroyed, or has become inoperable; 必须在知晓任何设备丢失、失窃、损坏、损毁或不可修复之后 24 小时内通知开特普; not sell, dispose of, lend, sub-license, encumber, or permit any person other than your Personnel to use, the Equipment in any way (or attempt to do the same); 不得以任何方式对设备进行出售、处置、出借、分许可、设置权利负担或允许除贵方人员以外的任何人使用 (也不得试图对设备进行出售、处置、出借、分许可、设置权利负担或允许除贵方人员以外的任何人使用); not alter or remove any markings (or similar) on the Equipment (including proprietary or identifying markings, trade marks, registration numbers and certification numbers); and 不得变更或移除设备上的任何标记(或类似信息),包括专有性标记、识别性的标记、商标、注册号和认证号;并且 not make any alteration, modification or repairs (or similar) to the Equipment without the prior written consent of Catapult (which may be withheld at its discretion); and 未经开特普事先书面同意(开特普可自行决定不予同意),不得对设备进行任何变更、修改或修复(或采取类似行为);及 (c) to the maximum extent permitted by law, you must pay to Catapult on demand an amount equal to all Indemnified Loss suffered or incurred by each Catapult Group Company and their respective Personnel (together, the Catapult Indemnified Persons) arising as a result of, or in connection with: 在法律允许的最大范围内,贵方应按开特普的要求向其支付一笔款项,金额等于每一开特普集团公司及其各自的人员 (统称开特普受偿人士)因下列事项引起或与之相关的原因而遭受或发生的所有受偿损失: any loss of or damage to the Equipment; and 设备的任何损失或损坏;及 any breach of clause 4.2(b). 对第 4.2(b)条的任何违反。 Your liability under this paragraph (c) is not subject to any limit or exclusion of liability under clause 17.2. 贵方在本(c)款项下的责任不受第 17.2 条项下任何责任限制或排除规定的限制。

Related to Supply of Equipment - Subscription

  • Purchase of Equipment For any equipment purchased in whole or in part with Grant Funds, if Grantor determines that Grantee has not met the conditions of 2 CFR 200.439, the costs for such equipment will be disallowed. Grantor must notify Grantee in writing that the purchase of equipment is disallowed.

  • Equipment Use Lessee agrees that the Equipment will be operated by competent, qualified personnel in connection with Lessee's business for the purpose for which the Equipment was designed and in accordance with applicable operating instructions, laws, and government regulations, and that Lessee shall use all reasonable precautions to prevent loss or damage to the Equipment from fire and other hazards. Lessee shall procure and maintain in effect all orders, licenses, certificates, permits, approvals, and consents required by federal, state, or local laws or by any governmental body, agency, or authority in connection with the delivery, installation, use, and operation of the Equipment.

  • Delivery of Equipment (a) We will try to deliver Equipment to you on the delivery date (Delivery Date) and at the address (Site) indicated on your Application during normal business hours in that area. (b) Variations at your request to Delivery Date or Site: (i) are at our discretion; and (ii) may be subject to conditions, including extra Charges.

  • Manufacturer A firm that operates or maintains a factory or establishment that produces on the premises, the materials or supplies obtained by the Contractor. Regular Dealer - A firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. A regular dealer engages in, as its principal business and in its own name, the purchase and sale or lease of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns and operates distribution equipment for the products. Brokers and packagers are not regarded as manufacturers or regular dealers within the meaning of this section. United States Department of Transportation (USDOT) - Federal agency responsible for issuing regulations (49 CFR Part 26) and official guidance for the DBE program.

  • Shipment Dell will ship the APEX System to the Site when included as part of the APEX Service. The terms and process for shipment and delivery of the APEX System will be stated in the applicable Service Offering Description.

  • 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.

  • ACCEPTANCE OF EQUIPMENT The State will provide a written acknowledgment to the Contractor when the Equipment is accepted and performing satisfactorily.

  • 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.

  • 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.

  • PURCHASE OF EQUIPMENT AND PERSONAL PROPERTY For valuable consideration, the sum of $1.00, receipt of which is acknowledged, Xxxxxx agrees to quitclaim, transfer, sell, waive and release any interest it has or may have, including as the beneficiary of any trust interest created by the provisions of The Book of Discipline of The United Methodist Church, and Xxxxx agrees to accept all of Seller’s title and interest, if any, in and to all of the properties and assets held by Xxxxxx United Methodist Church and relating to the Conference’s claim for itself, or on behalf of The United Methodist Church, of any beneficial right of any kind, including all proprietary rights and privileges of any kind or nature, whether arising by operation of law, trust, contract, property or other means to all tangible personal property owned as of the date of this Bill of Sale in the name of Xxxxxx United Methodist Church (including, without limitation, cash, bank accounts, accounts and notes receivable, deposits, prepaid items, contents, furnishings, equipment, tools, furniture, leasehold improvements, computer software, permits, licenses, authorizations, books, records, papers, securities, funds, goodwill, contracts, and other intangibles (hereinafter collectively, the "Personal Property") on the terms and conditions set forth in this Bill of Sale.

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