Termination of Lease Term. The Lease Term will terminate upon the earliest of any of the following events: A. The expiration of the Initial Term or any Renewal Term (other than the final Renewal Term) of this Agreement without the authorization of a subsequent Renewal Term as provided in SECTION 4.1 of this Agreement and the payment by Lessee of all Rental Payments payable by Lessee during such Initial Term or Renewal Term, as the case may be; B. The expiration of the final Renewal Term and the payment by Lessee of all Rental Payments required and the non-exercise by Lessee of its option to purchase the Equipment under SECTION 4.7 of this Agreement; C. The expiration of the final Renewal Term and the payment by Lessee of all Rental Payments required and the exercise by Lessee of its option to purchase the Equipment under SECTION 4.7 of this Agreement; or D. A Default by Xxxxxx and the exercise by Lessor of its election to terminate this Agreement under SECTION 6.2 of this Agreement. In the event of the termination of the Lease Term as described in (A) , (B) , or (D) above, Lessee, at Lessee’s expense, shall immediately return the Equipment to Lessor at the location mutually agreed upon by the Lessor and the Lessee, in a state of good repair and working order to the reasonable satisfaction of Lessor, which satisfaction shall not be unreasonably withheld and shall be indicated by letter to the Lessee. Lessee shall be liable for the payment of any damages to the Equipment not occurring in the ordinary course of business and not constituting normal wear and tear for equipment and machinery of such type and design for the use to which Lessee has covenanted and agreed the Equipment will be put. If Lessee has not delivered possession of the Equipment to Lessor, the termination of the Term of this Agreement shall nevertheless be effective, but Lessee shall be responsible for the payment of damages in an amount equal to the amount of the Rental Payments which, calculated on a daily basis, have accrued during the period in which Lessee has failed to deliver possession of the Equipment to Lessor in accordance with the terms hereof plus any actual damages resulting from any damages to the Equipment that may occur prior to delivery of possession of the Equipment to Lessor or resulting from the failure of Lessee to deliver the Equipment to Lessor in accordance with the terms hereof.
Appears in 7 contracts
Samples: Lease and Option to Purchase Agreement, Lease and Option to Purchase Agreement, Lease and Option to Purchase Agreement
Termination of Lease Term. The Lease Term will terminate upon the earliest of any of the following events:
A. The expiration of the Initial Term or any Renewal Term (other than the final Renewal Term) of this Agreement without the authorization of a subsequent Renewal Term as provided in SECTION Section 4.1 of this Agreement and the payment by Lessee of all Rental Payments payable by Lessee during such Initial Term or Renewal Term, as the case may be;
B. The expiration of the final Renewal Term and the payment by Lessee of all Rental Payments required and the non-exercise by Lessee of its option to purchase the Equipment under SECTION Section 4.7 of this Agreement;
C. The expiration of the final Renewal Term and the payment by Lessee of all Rental Payments required and the exercise by Lessee of its option to purchase the Equipment under SECTION Section 4.7 of this Agreement; or
D. A Default by Xxxxxx and the exercise by Lessor of its election to terminate this Agreement under SECTION Section 6.2 of this Agreement. In the event of the termination of the Lease Term as described in (A) ), (B) ), or (D) above, Lessee, at Lessee’s 's expense, shall immediately return the Equipment to Lessor at the location mutually agreed upon by the Lessor and the Lessee, in a state of good repair and working order to the reasonable satisfaction of Lessor, which satisfaction shall not be unreasonably withheld and shall be indicated by letter to the Lessee. Lessee shall be liable for the payment of any damages to the Equipment not occurring in the ordinary course of business and not constituting normal wear and tear for equipment and machinery of such type and design for the use to which Lessee has covenanted and agreed the Equipment will be put. If Lessee has not delivered possession of the Equipment to Lessor, the termination of the Term of this Agreement shall nevertheless be effective, but Lessee shall be responsible for the payment of damages in an amount equal to the amount of the Rental Payments which, calculated on a daily basis, have accrued during the period in which Lessee has failed to deliver possession of the Equipment to Lessor in accordance with the terms hereof plus any actual damages resulting from any damages to the Equipment that may occur prior to delivery of possession of the Equipment to Lessor or resulting from the failure of Lessee to deliver the Equipment to Lessor in accordance with the terms hereof.
Appears in 2 contracts
Samples: Lease and Option to Purchase Agreement, Lease and Option to Purchase Agreement
Termination of Lease Term. The Lease Term will shall terminate upon the earliest of any of the following events:
A. The (a) the expiration of the Initial Term or any Renewal Term during which there occurs an Event of NonappropriationNon-appropriation pursuant to Section 5.1 and Article 7 of this Lease (other than provided that the final Renewal TermLease Term will not be deemed to have been terminated if the Event of NonappropriationNon-appropriation is cured as provided in Section 7.4 hereof);
(b) the conveyance of the Trustee’s leasehold interest in the Leased Property under this Lease to the City upon payment of the Purchase Option Price or all Base Rentals and Additional Rentals, for which an Appropriation has been effected by the City for such purpose, as provided in Section 13.2(a) or (b) of this Agreement without the authorization of a subsequent Renewal Term as provided in SECTION 4.1 of this Agreement and the payment by Lessee of all Rental Payments payable by Lessee during such Initial Term or Renewal Term, as the case may be;
B. The expiration of the final Renewal Term and the payment by Lessee of all Rental Payments required and the non-exercise by Lessee of its option to purchase the Equipment under SECTION 4.7 of this Agreement;
C. The expiration of the final Renewal Term and the payment by Lessee of all Rental Payments required and the exercise by Lessee of its option to purchase the Equipment under SECTION 4.7 of this AgreementLease; or
D. A (c) an uncured Event of Lease Default by Xxxxxx and the exercise by Lessor of its election to terminate this Agreement under SECTION 6.2 termination of this AgreementLease under Article 15 of this Lease by the Trustee. In Except for an event described in subparagraph (c) above, upon termination of this Lease, the event City agrees to peacefully deliver possession of the Leased Property to the Trustee. Termination of the Lease Term shall terminate all unaccrued obligations of the City under this Lease, and shall terminate the City’s rights of possession under this Lease (except to the extent of the holdover provisions of Sections 7.5 and 15.2(c)(i) hereof, and except for any conveyance pursuant to Article 13 of this Lease). All obligations of the City accrued prior to such termination shall be continuing until the Trustee gives written notice to the City that such accrued obligations have been satisfied. Upon termination of the Lease Term as described any moneys received by the Trustee in (A) , (B) , or (D) above, Lessee, at Lessee’s expenseexcess of the amounts necessary to terminate and discharge the Indenture, shall immediately return be paid to the Equipment City. The City shall not have the right to Lessor at the location mutually agreed upon terminate this Lease due to a default by the Lessor and the Lessee, in a state of good repair and working order to the reasonable satisfaction of Lessor, which satisfaction shall not be unreasonably withheld and shall be indicated by letter to the Lessee. Lessee shall be liable for the payment of any damages to the Equipment not occurring in the ordinary course of business and not constituting normal wear and tear for equipment and machinery of such type and design for the use to which Lessee has covenanted and agreed the Equipment will be put. If Lessee has not delivered possession of the Equipment to Lessor, the termination of the Term of Trustee under this Agreement shall nevertheless be effective, but Lessee shall be responsible for the payment of damages in an amount equal to the amount of the Rental Payments which, calculated on a daily basis, have accrued during the period in which Lessee has failed to deliver possession of the Equipment to Lessor in accordance with the terms hereof plus any actual damages resulting from any damages to the Equipment that may occur prior to delivery of possession of the Equipment to Lessor or resulting from the failure of Lessee to deliver the Equipment to Lessor in accordance with the terms hereofLease.
Appears in 1 contract
Samples: Lease Purchase Agreement
Termination of Lease Term. The Lease Term will shall terminate upon the earliest of any of the following events:
A. The (a) the expiration of the Initial Term or any Renewal Term during which there occurs an Event of Non-appropriation pursuant to Section 5.1 and Article 7 of this Lease (other than provided that the final Renewal TermLease Term will not be deemed to have been terminated if the Event of Non-appropriation is cured as provided in Section 7.4 hereof);
(b) the conveyance of the Trustee’s leasehold interest in the Leased Property under this Lease to the City upon payment of the Purchase Option Price or all Base Rentals and Additional Rentals, for which an Appropriation has been effected by the City for such purpose, as provided in Section 13.2(a) or (b) of this Agreement without the authorization of a subsequent Renewal Term as provided in SECTION 4.1 of this Agreement and the payment by Lessee of all Rental Payments payable by Lessee during such Initial Term or Renewal Term, as the case may be;
B. The expiration of the final Renewal Term and the payment by Lessee of all Rental Payments required and the non-exercise by Lessee of its option to purchase the Equipment under SECTION 4.7 of this Agreement;
C. The expiration of the final Renewal Term and the payment by Lessee of all Rental Payments required and the exercise by Lessee of its option to purchase the Equipment under SECTION 4.7 of this AgreementLease; or
D. A (c) an uncured Event of Lease Default by Xxxxxx and the exercise by Lessor of its election to terminate this Agreement under SECTION 6.2 termination of this AgreementLease under Article 15 of this Lease by the Trustee. In Except for an event described in subparagraph (c) above, upon termination of this Lease, the event City agrees to peacefully deliver possession of the Leased Property to the Trustee. Termination of the Lease Term shall terminate all unaccrued obligations of the City under this Lease, and shall terminate the City’s rights of possession under this Lease (except to the extent of the holdover provisions of Sections 7.5 and 15.2(c)(i) hereof, and except for any conveyance pursuant to Article 13 of this Lease). All obligations of the City accrued prior to such termination shall be continuing until the Trustee gives written notice to the City that such accrued obligations have been satisfied. Upon termination of the Lease Term as described any moneys received by the Trustee in (A) , (B) , or (D) above, Lessee, at Lessee’s expenseexcess of the amounts necessary to terminate and discharge the Indenture, shall immediately return be paid to the Equipment City. The City shall not have the right to Lessor at the location mutually agreed upon terminate this Lease due to a default by the Lessor and the Lessee, in a state of good repair and working order to the reasonable satisfaction of Lessor, which satisfaction shall not be unreasonably withheld and shall be indicated by letter to the Lessee. Lessee shall be liable for the payment of any damages to the Equipment not occurring in the ordinary course of business and not constituting normal wear and tear for equipment and machinery of such type and design for the use to which Lessee has covenanted and agreed the Equipment will be put. If Lessee has not delivered possession of the Equipment to Lessor, the termination of the Term of Trustee under this Agreement shall nevertheless be effective, but Lessee shall be responsible for the payment of damages in an amount equal to the amount of the Rental Payments which, calculated on a daily basis, have accrued during the period in which Lessee has failed to deliver possession of the Equipment to Lessor in accordance with the terms hereof plus any actual damages resulting from any damages to the Equipment that may occur prior to delivery of possession of the Equipment to Lessor or resulting from the failure of Lessee to deliver the Equipment to Lessor in accordance with the terms hereofLease.
Appears in 1 contract
Samples: Lease Purchase Agreement
Termination of Lease Term. The Lease Term will shall terminate upon the earliest of any of the following events:
A. The (a) the expiration of the Initial Term or any Renewal Term during which there occurs an Event of Nonappropriation pursuant to Section 4.1 and Article 6 of this Lease (other than provided that the final Renewal TermLease Term will not be deemed to have been terminated if the Event of Nonappropriation is cured as provided in Section 6.4 hereof);
(b) the occurrence of an Event of Nonappropriation under this Lease (provided that the Lease Term will not be deemed to have been terminated if the Event of Nonappropriation is cured as provided in Section 6.4 hereof);
(c) the conveyance of the Trustee’s leasehold interest in the Leased Property under this Lease to the City upon payment of the Purchase Option Price or all Base Rentals and Additional Rentals, for which an Appropriation has been effected by the City for such purpose, as provided in Section 11.2(a) or (b) of this Agreement without the authorization of a subsequent Renewal Term as provided in SECTION 4.1 of this Agreement and the payment by Lessee of all Rental Payments payable by Lessee during such Initial Term or Renewal Term, as the case may be;
B. The expiration of the final Renewal Term and the payment by Lessee of all Rental Payments required and the non-exercise by Lessee of its option to purchase the Equipment under SECTION 4.7 of this Agreement;
C. The expiration of the final Renewal Term and the payment by Lessee of all Rental Payments required and the exercise by Lessee of its option to purchase the Equipment under SECTION 4.7 of this AgreementLease; or
D. A (d) an uncured Event of Lease Default by Xxxxxx and the exercise by Lessor of its election to terminate this Agreement under SECTION 6.2 termination of this AgreementLease under Article 13 of this Lease by the Trustee. In Except for an event described in subparagraph (c) above, upon termination of this Lease, the event City agrees to peacefully deliver possession of the Leased Property to the Trustee. Termination of the Lease Term shall terminate all unaccrued obligations of the City under this Lease, and shall terminate the City’s rights of possession under this Lease (except to the extent of the holdover provisions of Sections 6.5 and 13.2(c)(i) hereof, and except for any conveyance pursuant to Article 11 of this Lease). All obligations of the City accrued prior to such termination shall be continuing until the Trustee gives written notice to the City that such accrued obligations have been satisfied. Upon termination of the Lease Term as described any moneys received by the Trustee in (A) , (B) , or (D) above, Lessee, at Lessee’s expenseexcess of the amounts necessary to terminate and discharge the Indenture, shall immediately return be paid to the Equipment City. The City shall not have the right to Lessor at the location mutually agreed upon terminate this Lease due to a default by the Lessor and the Lessee, in a state of good repair and working order to the reasonable satisfaction of Lessor, which satisfaction shall not be unreasonably withheld and shall be indicated by letter to the Lessee. Lessee shall be liable for the payment of any damages to the Equipment not occurring in the ordinary course of business and not constituting normal wear and tear for equipment and machinery of such type and design for the use to which Lessee has covenanted and agreed the Equipment will be put. If Lessee has not delivered possession of the Equipment to Lessor, the termination of the Term of Trustee under this Agreement shall nevertheless be effective, but Lessee shall be responsible for the payment of damages in an amount equal to the amount of the Rental Payments which, calculated on a daily basis, have accrued during the period in which Lessee has failed to deliver possession of the Equipment to Lessor in accordance with the terms hereof plus any actual damages resulting from any damages to the Equipment that may occur prior to delivery of possession of the Equipment to Lessor or resulting from the failure of Lessee to deliver the Equipment to Lessor in accordance with the terms hereofLease.
Appears in 1 contract
Samples: Lease Purchase Agreement
Termination of Lease Term. The Lease Term will shall terminate upon the earliest of any of the following events:
A. The expiration (a) the last day of any Fiscal Year during which there has occurred an Event of Nonappropriation pursuant to Section 4.01 and Article VI of this Lease (provided that the Lease Term will be deemed to have been renewed and, therefore, not terminated if the Event of Nonappropriation is cured as provided in Section 6.06 hereof); DRAFT
(b) the conveyance of all of the Initial Term Leased Property to the County upon payment of the Purchase Option Price or any Renewal Term all Base Rentals and Additional Rentals as provided in Section 12.02(a) and (other than the final Renewal Termb) of this Agreement without the authorization of a subsequent Renewal Term as provided in SECTION 4.1 of this Agreement Lease, and the payment by Lessee of all Rental Payments payable by Lessee during such Initial Term or Renewal Term, as the case may be;
B. The expiration discharge of the final Renewal Term and the payment by Lessee of all Rental Payments required and the non-exercise by Lessee of its option Indenture as it relates to purchase the Equipment under SECTION 4.7 of this Agreement;
C. The expiration of the final Renewal Term and the payment by Lessee of all Rental Payments required and the exercise by Lessee of its option to purchase the Equipment under SECTION 4.7 of this AgreementLease; or
D. A (c) an Event of Default by Xxxxxx and the exercise by Lessor of its election to terminate this Agreement under SECTION 6.2 termination of this AgreementLease by the Trustee under Article XIV of this Lease. In the event of the termination of An election not to renew the Lease Term as shall terminate all unaccrued obligations of the County under this Lease, and shall terminate the County’s rights of possession under this Lease at the end of the last day of the Fiscal Year for which this Lease shall be in effect (except to the extent of the holdover provisions of Section 14.02(d)(i) hereof, and except for any conveyance pursuant to Article XII of this Lease); but all other provisions of this Lease, including all obligations of the County accrued prior to such termination and all obligations of the Trustee with respect to the Owners and the receipt and disbursement of funds and all rights and remedies of the Trustee specifically provided herein, shall be continuing until the Indenture is discharged with respect to this Lease. Except for an event described in subparagraph (A) , (B) , or (Db) above, Lesseeupon termination of this Lease, the County agrees to peaceful delivery of the Leased Property to the Trustee or its assigns at Lessee’s expense, shall immediately return the Equipment to Lessor at the such reasonable location mutually agreed upon specified by the Lessor and the Lessee, in a state of good repair and working order to the reasonable satisfaction of Lessor, which satisfaction shall not be unreasonably withheld and shall be indicated by letter to the Lessee. Lessee shall be liable for the payment of any damages to the Equipment not occurring in the ordinary course of business and not constituting normal wear and tear for equipment and machinery of such type and design for the use to which Lessee has covenanted and agreed the Equipment will be put. If Lessee has not delivered possession of the Equipment to Lessor, the termination of the Term of this Agreement shall nevertheless be effective, but Lessee shall be responsible for the payment of damages in an amount equal to the amount of the Rental Payments which, calculated on a daily basis, have accrued during the period in which Lessee has failed to deliver possession of the Equipment to Lessor in accordance with the terms hereof plus any actual damages resulting from any damages to the Equipment that may occur prior to delivery of possession of the Equipment to Lessor or resulting from the failure of Lessee to deliver the Equipment to Lessor in accordance with the terms hereofTrustee.
Appears in 1 contract
Samples: Lease Purchase Agreement
Termination of Lease Term. The Lease Term will shall terminate upon the earliest of any of the following events:
A. The (a) the expiration of the Initial Term or any Renewal Term during which there occurs an Event of Nonappropriation pursuant to Section 4.1 and Article 6 of this Lease (other than provided that the final Renewal TermLease Term will not be deemed to have been terminated if the Event of Nonappropriation is cured as provided in Section 6.4 hereof);
(b) the occurrence of an Event of Nonappropriation under this Lease (provided that the Lease Term will not be deemed to have been terminated if the Event of Nonappropriation is cured as provided in Section 6.4 hereof);
(c) the conveyance of the Trustee’s leasehold interest in the Leased Property under this Lease to the Town upon payment of the Purchase Option Price or all Base Rentals and Additional Rentals, for which an Appropriation has been effected by the Town for such purpose, as provided in Section 11.2(a) or (b) of this Agreement without the authorization of a subsequent Renewal Term as provided in SECTION 4.1 of this Agreement and the payment by Lessee of all Rental Payments payable by Lessee during such Initial Term or Renewal Term, as the case may be;
B. The expiration of the final Renewal Term and the payment by Lessee of all Rental Payments required and the non-exercise by Lessee of its option to purchase the Equipment under SECTION 4.7 of this Agreement;
C. The expiration of the final Renewal Term and the payment by Lessee of all Rental Payments required and the exercise by Lessee of its option to purchase the Equipment under SECTION 4.7 of this AgreementLease; or
D. A (d) an uncured Event of Lease Default by Xxxxxx and the exercise by Lessor of its election to terminate this Agreement under SECTION 6.2 termination of this AgreementLease under Article 13 of this Lease by the Trustee. In Except for an event described in subparagraph (c) above, upon termination of this Lease, the event Town agrees to peacefully deliver possession of the Leased Property to the Trustee. Termination of the Lease Term shall terminate all unaccrued obligations of the Town under this Lease, and shall terminate the Town’s rights of possession under this Lease (except to the extent of the holdover provisions of Sections 6.5 and 13.2(c)(i) hereof, and except for any conveyance pursuant to Article 11 of this Lease). All obligations of the Town accrued prior to such termination shall be continuing until the Trustee gives written notice to the Town that such accrued obligations have been satisfied. Upon termination of the Lease Term as described any moneys received by the Trustee in (A) , (B) , or (D) above, Lessee, at Lessee’s expenseexcess of the amounts necessary to terminate and discharge the Indenture, shall immediately return be paid to the Equipment Town. The Town shall not have the right to Lessor at the location mutually agreed upon terminate this Lease due to a default by the Lessor and the Lessee, in a state of good repair and working order to the reasonable satisfaction of Lessor, which satisfaction shall not be unreasonably withheld and shall be indicated by letter to the Lessee. Lessee shall be liable for the payment of any damages to the Equipment not occurring in the ordinary course of business and not constituting normal wear and tear for equipment and machinery of such type and design for the use to which Lessee has covenanted and agreed the Equipment will be put. If Lessee has not delivered possession of the Equipment to Lessor, the termination of the Term of Trustee under this Agreement shall nevertheless be effective, but Lessee shall be responsible for the payment of damages in an amount equal to the amount of the Rental Payments which, calculated on a daily basis, have accrued during the period in which Lessee has failed to deliver possession of the Equipment to Lessor in accordance with the terms hereof plus any actual damages resulting from any damages to the Equipment that may occur prior to delivery of possession of the Equipment to Lessor or resulting from the failure of Lessee to deliver the Equipment to Lessor in accordance with the terms hereofLease.
Appears in 1 contract
Samples: Lease Purchase Agreement
Termination of Lease Term. The Lease Term will shall terminate upon the earliest of any of the following events:
A. The (a) the expiration of the Initial Term or any Renewal Term during which there occurs an Event of Nonappropriation pursuant to Section 4.1 and Article 6 of this Lease (other than provided that the final Renewal TermLease Term will not be deemed to have been terminated if the Event of Nonappropriation is cured as provided in Section 6.4 hereof);
(b) the occurrence of an Event of Nonappropriation under this Lease (provided that the Lease Term will not be deemed to have been terminated if the Event of Nonappropriation is cured as provided in Section 6.4 hereof);
(c) the conveyance of the Trustee’s leasehold interest in the Leased Property under this Lease to the District upon payment of the Purchase Option Price or all Base Rentals and Additional Rentals, for which an Appropriation has been effected by the District for such purpose, as provided in Section 12.2(a) or (b) of this Agreement without the authorization of a subsequent Renewal Term as provided in SECTION 4.1 of this Agreement and the payment by Lessee of all Rental Payments payable by Lessee during such Initial Term or Renewal Term, as the case may be;
B. The expiration of the final Renewal Term and the payment by Lessee of all Rental Payments required and the non-exercise by Lessee of its option to purchase the Equipment under SECTION 4.7 of this Agreement;
C. The expiration of the final Renewal Term and the payment by Lessee of all Rental Payments required and the exercise by Lessee of its option to purchase the Equipment under SECTION 4.7 of this AgreementLease; or
D. A (d) an uncured Event of Lease Default by Xxxxxx and the exercise by Lessor of its election to terminate this Agreement under SECTION 6.2 termination of this AgreementLease under Article 14 of this Lease by the Trustee. In Except for an event described in subparagraph (c) above, upon termination of this Lease, the event District agrees to peacefully deliver possession of the Leased Property to the Trustee. Termination of the Lease Term shall terminate all unaccrued obligations of the District under this Lease, and shall terminate the District’s rights of possession under this Lease (except to the extent of the holdover provisions of Sections 6.5 and 14.2(c)(i) hereof, and except for any conveyance pursuant to Article 12 of this Lease). All obligations of the District accrued prior to such termination shall be continuing until the Trustee gives written notice to the District that such accrued obligations have been satisfied. Upon termination of the Lease Term as described any moneys received by the Trustee in (A) , (B) , or (D) above, Lessee, at Lessee’s expenseexcess of the amounts necessary to terminate and discharge the Indenture, shall immediately return be paid to the Equipment District. The District shall not have the right to Lessor at the location mutually agreed upon terminate this Lease due to a default by the Lessor and the Lessee, in a state of good repair and working order to the reasonable satisfaction of Lessor, which satisfaction shall not be unreasonably withheld and shall be indicated by letter to the Lessee. Lessee shall be liable for the payment of any damages to the Equipment not occurring in the ordinary course of business and not constituting normal wear and tear for equipment and machinery of such type and design for the use to which Lessee has covenanted and agreed the Equipment will be put. If Lessee has not delivered possession of the Equipment to Lessor, the termination of the Term of Trustee under this Agreement shall nevertheless be effective, but Lessee shall be responsible for the payment of damages in an amount equal to the amount of the Rental Payments which, calculated on a daily basis, have accrued during the period in which Lessee has failed to deliver possession of the Equipment to Lessor in accordance with the terms hereof plus any actual damages resulting from any damages to the Equipment that may occur prior to delivery of possession of the Equipment to Lessor or resulting from the failure of Lessee to deliver the Equipment to Lessor in accordance with the terms hereofLease.
Appears in 1 contract
Samples: Lease Purchase Agreement
Termination of Lease Term. The Lease Term will terminate upon the earliest of any of the following events:
A. A) The expiration of the Initial Term and or any Renewal Term terms (other than the final payment Renewal Termterm) of this Agreement without the authorization of a subsequent Renewal Term term as provided in SECTION 4.1 of this Agreement and the payment by SA&P/Lessee of all Rental Payments payable by SA&P/Lessee during such Initial Term or and Renewal Term, Term as the case may be;
B. B) The expiration of the final Renewal Term and the payment by SA&P/Lessee of all Rental Payments payments required and the non-exercise by Lessee of its option to purchase the Equipment under SECTION 4.7 of is exercised or not to purchase this Agreement;EQUIPMENT 4.3.
C. The expiration of the final Renewal Term and the payment C) A Default by SA&P/Lessee of all Rental Payments required and the exercise by Lessee of its option to purchase the Equipment under SECTION 4.7 of this Agreement; or
D. A Default by Xxxxxx and the exercise by CITY/Lessor of its election to terminate this Agreement under SECTION 6.2 of this Agreement. In the event of the termination of the Lease Term as described in (A) ), (B) B - without purchase option), or (DC) above, SA&P/Lessee, at SA&P/Lessee’s expense, expense shall immediately return the Equipment EQUIPMENT to CITY/Lessor at the location mutually agreed upon the by the CITY/Lessor and the SA&P/Lessee, in a state of good repair and working order to the reasonable satisfaction of CITY/Lessor, which satisfaction shall not be unreasonably withheld and shall be indicated by letter to the Lessee. SA&P/Lessee shall be liable for the payment of any damages to the Equipment EQUIPMENT not occurring in the ordinary course of business and not constituting normal wear and tear for equipment EQUIPMENT and machinery of such type and design for the use to which Lessee the Less has covenanted and agreed the Equipment EQUIPMENT will be putused for. If SA&P/Lessee has not delivered the possession of the Equipment EQUIPMENT to Lessor, the termination of CITY/Lessor the Term of this Agreement shall nevertheless be effective, but and CITY/Lessor has an option to collect from SA&P/Lessee shall be responsible for the payment failed delivery of EQUIPMENT and damages in an amount equal to the amount of the Rental Payments which, which calculated on a daily basis, have accrued during the period in which SA&P/Lessee has failed to deliver possession of the Equipment to Lessor in accordance with the terms hereof plus any actual damages resulting from any EQUIPMENT and paid damages to the Equipment that may occur prior to delivery of possession of the Equipment to CITY/Lessor or resulting from the failure of Lessee to deliver the Equipment to Lessor as in accordance with the terms hereof.
Appears in 1 contract
Termination of Lease Term. The Lease Term will terminate upon the earliest of any of the following events:
A. The expiration of the Initial Term or any Renewal Term (other than the final Renewal Term) of this Agreement without the authorization of a subsequent Renewal Term as provided in SECTION 4.1 of this Agreement and the payment by Lessee of all Rental Payments payable by Lessee during such Initial Term or Renewal Term, as the case may be;
B. The expiration of the final Renewal Term and the payment by Lessee of all Rental Payments required and the non-exercise by Lessee of its option to purchase the Equipment under SECTION 4.7 of this Agreement;
C. The expiration of the final Renewal Term and the payment by Lessee of all Rental Payments required and the exercise by Lessee of its option to purchase the Equipment under SECTION 4.7 of this Agreement; or
D. A Default by Xxxxxx Lessee and the exercise by Lessor of its election to terminate this Agreement under SECTION 6.2 of this Agreement. In the event of the termination of the Lease Term as described in (A) , (B) , or (D) above, Lessee, at Lessee’s expense, shall immediately return the Equipment to Lessor at the location mutually agreed upon by the Lessor and the Lessee, in a state of good repair and working order to the reasonable satisfaction of Lessor, which satisfaction shall not be unreasonably withheld and shall be indicated by letter to the Lessee. Lessee shall be liable for the payment of any damages to the Equipment not occurring in the ordinary course of business and not constituting normal wear and tear for equipment and machinery of such type and design for the use to which Lessee has covenanted and agreed the Equipment will be put. If Lessee has not delivered possession of the Equipment to Lessor, the termination of the Term of this Agreement shall nevertheless be effective, but Lessee shall be responsible for the payment of damages in an amount equal to the amount of the Rental Payments which, calculated on a daily basis, have accrued during the period in which Lessee has failed to deliver possession of the Equipment to Lessor in accordance with the terms hereof plus any actual damages resulting from any damages to the Equipment that may occur prior to delivery of possession of the Equipment to Lessor or resulting from the failure of Lessee to deliver the Equipment to Lessor in accordance with the terms hereof.
Appears in 1 contract