The Equipment. 9.1 The British Council Equipment shall remain the property of the British Council and shall be used by the Supplier in the performance of the Services and for no other purposes.
9.2 The British Council shall be responsible for the repair or replacement of the British Council Equipment unless the need for repair or replacement is caused by the Supplier’s failure to comply with clause 9.3 or by the negligence or default of the Supplier.
9.3 The Supplier shall maintain all of the British Council Equipment in good and serviceable condition (fair wear and tear excepted) and shall only use the British Council Equipment in accordance with the British Council Equipment manufacturers’ recommendations.
9.4 The Supplier shall be liable for any loss of or damage to any of the British Council Equipment caused by the negligence or default of the Supplier.
9.5 The Supplier shall not in any circumstances have any right to refuse to return to the British Council any of the British Council Equipment and shall take steps necessary to ensure that the title of the British Council and the British Council’s right to repossess the British Council Equipment are effectively brought to the attention of any third party dealing with any of the British Council Equipment.
The Equipment. The Borrower will provide to the Government security interests, evidenced by UCC filings, in the full amount of the Promissory Note, on all of the property described below (hereinafter, the “Equipment”). All fisheries unloading, processing holding and distribution equipment of whatsoever nature, now or at any time in the future, together with all accessories, improvements, replacements, substitutions, or additions thereto, used for the Borrower’s business on the properties which secure the Promissory Note and any other debt to the Government, or on any other Borrower’s business premises at any other site at which the Borrower now conducts, or in the future may conduct, its operations and regardless of the Equipment’s actual location at any given time. The Equipment shall include, but not be limited to: all forklifts, bobcats, cranes, pallet trucks, lift trucks, and other product or material movement equipment; all trailers, tanks, trucks, or other rolling stock; all fish unloading, transfer, and conveying equipment, all fish processing and fish weighing equipment; all cooling, refrigerating, freezing, and other fish holding equipment (blast freezers, plate freezers, coolers, or other refrigeration equipment); all fish packaging equipment; all fish baskets, totes, tanks, tubs, and other fish holding equipment; all ice makers; all hand and power tools; all inventory and product, subject to lien of credit line lender; and all office equipment—all together with all associated equipment, machinery, parts, tools, or other items of whatsoever nature and whether fixed or unfixed to the aforementioned properties securing the Promissory Note. THIS EXCLUDES ONLY SUCH FIRST UCC SECURITY INTERESTS TO THIRD PARTIES as may be necessary and appropriate to secure credit from such parties for the specific purpose of purchasing specific equipment (hereinafter, the “Purchase-Money Equipment”). In such cases, the Borrower agrees to the following:
(a) To give to the Government UCC security interests on the Purchase-Money Equipment second only to the first interests pledged to the lenders of the purchase money (hereinafter, the “Purchase-Money UCC security interests”); and
Article I, COLLATERAL (continued)
(b) That the amount secured by the Purchase-Money UCC security interests shall not exceed the specific purchase cost of said equipment; and
(c) The term of the credit secured to buy the Purchase-Money Equipment (and likewise, the duration of the Purchase-Money UCC security int...
The Equipment. 8.1 Notwithstanding delivery of the Equipment title in the Equipment remains with us until payment is received in full.
8.2 Unless otherwise agreed the risk in the Equipment shall pass to you immediately upon delivery of the Equipment. Equipment shall be deemed to have been delivered upon despatch by us (or our appointed contractor or independent carrier) the Equipment Location Address.
8.3 We reserve the right to supply Equipment of a different model than that stated provided that it is of a specification equal or superior to that listed on the Order Form and with no increase to your payments.
8.4 We may assign or transfer our rights and obligations to another party by giving you written notice. You must not assign this Agreement to anyone else, nor charge, sell, or part with the Meter, nor allow anyone else to use or move the Meter from the Equipment Location Address stated on the Order Form without first obtaining our written permission.
8.5 As part of our environmental policy it is our aim to optimise the recovery and utilisation of Equipment at end of life and to this end Equipment supplied, whether newly manufactured or remanufactured, may contain serviceable new or used parts which are warranted equivalent to new.
8.6 In accordance with the requirements of An Post we shall at all times own the Meter, Vault and PSD which are rented to you under the terms of this Agreement. If the terms of the An Post Franking Machine Licence are breached by you, the Meter, Vault and PSD can be withdrawn without prior notice
8.7 Standard installation of any digital Equipment shall not include re-configuration of your system network or computing devices and shall only include installation in conjunction with standard protocol platforms and standard connectors, unless otherwise agreed in writing and upon payment of our then prevailing charge out rates.
8.8 For users of the Connect+ Series Equipment. Your Connect+ Series Equipment may use an internet access point (e.g., wireless router) provided by Pitney Xxxxx. Pitney Xxxxx recommend you to only use this access point for connectivity between the Connect+ Series Equipment and the internet and for no other purpose. You agree to pay all costs associated with use of the access point (i.e. ISP) or in violation of this restriction.
The Equipment. 4.1. The Equipment will remain the property of the Lessor, and nothing in the Agreement will be construed as conferring on the Lessee any right to, or interest in, the Equipment other than the right to the use and enjoyment thereof for the duration of the Agreement.
4.2. The Lessee will continue to pay and be liable for the Monthly Rental Fee, notwithstanding any cause or condition which may result in the Equipment becoming unusable or being temporarily out of order - provided, however, that the Lessor restores the Equipment to working order within a reasonable time after having received written notification from the Lessee that the Equipment is out of order. If the Lessor fails to restore the out of order Equipment within a reasonable period after having received written notification to do so, the Lessee’s obligation to pay the current Monthly Rental Fee will be suspended until such time as the Equipment is restored to working order. Save as aforesaid, the Lessee will have no further claims or remedies against the Lessor by reason of the Equipment not having been restored to working order within a reasonable time.
The Equipment. (a) We may supply Equipment:
(b) of a different model as long as their specifications are equal to or better than the Equipment listed on the Order Form and that as a result your Rentals do not increase;
(c) whether newly manufactured or remanufactured, containing serviceable new or used parts which are warranted equivalent to new.
The Equipment. 5.1 Unless otherwise agreed in writing by Us, all specifications and particulars of the Equipment provided by Us are approximate only and any samples, drawings, models, illustrations or other descriptive matter, whether contained on the Website, catalogues, price lists or otherwise shall be regarded as indicative only and not binding as to detail.
5.2 Unless otherwise agreed in writing by Us, We shall deliver the Equipment and carry out the installation of the System (the “Installation Services”) at the Property. We shall use Our reasonable endeavours to agree a date for the installation of the System with You but any date is an estimate only and shall be subject to You and/or any relevant third parties acting on Your behalf performing any necessary acts and/or, where necessary, supplying Your Material and facilities in due time to enable the delivery of the Equipment and the performance of the Installation Services. We shall not be liable for any delay in the delivery of the Equipment and/or the performance of the Installation Services however caused and time for delivery and installation shall not be of the essence. The Equipment may be delivered and/or the Installation Services performed by Us in advance of the quoted delivery date on giving You reasonable prior notice.
5.3 If We fail to deliver the Equipment and/or perform the Installation Services for any reason other than any cause beyond Our reasonable control or Your fault, any liability on Our part shall be limited to the cost (if any) to You (in the cheapest available market) of similar equipment and installation services over the price of the Equipment and the Installation Services.
The Equipment. One (1) Rolls-Royce Corporation model AE3007A (described on the International Registry drop down menu as ROLLS ROYCE model AE3007A) aircraft engine bearing manufacturer’s serial number CAE310069 (the “Equipment”).
The Equipment. 2.1 Delivery and installation if required
The Equipment. We agree to lease to you, and you agree to lease from us, the equipment identified above and on any schedules attached to this Lease. This Lease also covers any and all replacement equipment, add-ons, substitutions or accessories (collectively referred to as the “Equipment”). The other details of the Lease such as the rental amount, the initial Lease term and other matters are set forth in the boxes above.
The Equipment. (i) On the Delivery Date, Lessor will acquire good and valid title to the Equipment, free and clear of all Liens and all other interests of other Persons (except for Permitted Liens).
(ii) All of the Items of Equipment constitute personal property and not fixtures for purposes of perfection under the Uniform Commercial Code.
(iii) All of the Items of Equipment comply in all material respects with all applicable Governmental Rules and Insurance Requirements.
