Common use of Title; Personal Property Clause in Contracts

Title; Personal Property. The Equipment is, and shall at all times be owned by Lessor and Lessee shall have no interest in the Equipment except that of a lessee. The Lessee shall have no right to purchase or otherwise acquire title to or ownership of any of the Equipment. If Lessor supplies Lessee with labels indicating that the Equipment is owned by Lessor, Lessee shall affix such labels to and keep them in a prominent place on the Equipment. LESSEE HEREBY AUTHORIZES LESSOR TO INSERT IN ANY EQUIPMENT SCHEDULE THE SERIAL NUMBERS AND OTHER IDENTIFICATION DATA OF EQUIPMENT WHEN DETERMINED BY LESSOR. To protect Lessor's rights in the Equipment in the event this Lease is determined to be a security agreement, Lessee hereby grants to Lessor a security interest in the Equipment, and all proceeds, products, rents or profits from the sale, casualty loss or other disposition thereof. Lessee hereby authorizes Lessor, at Lessee's expense, to cause this Lease, or any statement or other instrument in respect of this Lease showing the interest of Lessor in the Equipment, including Uniform Commercial Code financing statements, to be filed or recorded and re-filed and re-recorded. Lessee agrees to execute, deliver and file any statement or instrument requested by Lessor for such purpose, and if certificates of title are issued or outstanding with respect to any of the Equipment, Lessee will cause the interest of Lessor to be properly noted thereon, and agrees to pay or reimburse Lessor for any reasonable searches, filings, recordings, stamp fees or taxes related to the filing or recording of any such instrument or statement, plus Lessor's handling charges. Lessee shall, at its expense, protect and defend Lessor's title against all persons claiming against or through Lessee and shall at all times keep the Equipment free from any legal process or encumbrance whatsoever including without limitation liens, attachments, levies and executions, and shall give Lessor immediate written notice thereof and shall indemnify Lessor from any loss caused thereby. Lessee shall, upon Lessor's request, execute or obtain from third parties and deliver to Lessor such estoppel certificates, landlord's waivers and such further instruments and assurances as Lessor deems necessary or advisable for the confirmation or perfection of Lessor's rights hereunder. The Equipment is, and shall at all times be and remain, personal property notwithstanding that the Equipment or any part thereof may now be or hereafter become, in any manner, affixed or attached to real property or any improvements thereon.

Appears in 1 contract

Samples: Master Lease (Sigmatron International Inc)

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Title; Personal Property. The Except as otherwise provided in this Lease or any Schedule hereto, title to the Equipment isshall at all times remain in Lessor. In the event any of the Equipment is software governed by a software license, Lessee shall keep said license current for the entire lease term and, to the extent the license allows title to the software to pass to licensee, such title shall vest and remain in Lessor. To the extent that such vesting requires a written conveyance from Lessee, Lessee hereby conveys to Lessor any title it has or may hereafter acquire in the software and forgoes any future claim to the software including any right to purchase and/or use the software beyond the lease term except as otherwise provided in this Lease or the related Schedule. If the software license restricts any provision of this Lease without the licensor's consent, then Lessee shall assist Lessor, if so requested, in obtaining such consent. Lessee shall at all times keep the Equipment free and clear of all liens, claims, levies, and legal processes, except those inherent to this Lease, and shall at all times be owned by Lessor its expense protect and Lessee shall have no interest in the Equipment except that of a lessee. The Lessee shall have no right to purchase or otherwise acquire title to or ownership of any of the Equipment. If Lessor supplies Lessee with labels indicating that the Equipment is owned by Lessor, Lessee shall affix such labels to and keep them in a prominent place on the Equipment. LESSEE HEREBY AUTHORIZES LESSOR TO INSERT IN ANY EQUIPMENT SCHEDULE THE SERIAL NUMBERS AND OTHER IDENTIFICATION DATA OF EQUIPMENT WHEN DETERMINED BY LESSOR. To protect defend Lessor's title and/or license rights in the Equipment in the event against all persons claiming against or through Lessee. Lessee hereby authorizes Lessor to cause this Lease is determined or other instruments necessary, in Lessor's determination, to be a security agreement, Lessee hereby grants filed or recorded at Lessee's expense in order to Lessor a security protect Lessor's interest in the Equipment, and all proceeds, products, rents or profits from grants Lessor the sale, casualty loss or other disposition thereofright to execute and deliver such instruments for and on behalf of Lessee. Lessee hereby authorizes If requested by Lessor, at Lessee's expense, to cause this Lease, or any statement or other instrument in respect of this Lease showing the interest of Lessor in the Equipment, including Uniform Commercial Code financing statements, to be filed or recorded and re-filed and re-recorded. then Lessee agrees to execute, execute and deliver and file any statement or instrument requested by Lessor for such purpose, and if certificates of title are issued or outstanding with respect to any of the Equipment, Lessee will cause the interest of Lessor to be properly noted thereon, instruments and agrees to pay or reimburse Lessor for any reasonable searches, filings, recordings, or stamp fees or taxes related incurred as necessary to the filing or recording of any such instrument or statement, plus protect Lessor's handling chargesinterest in the Equipment. Lessee shallalso authorizes Lessor to insert on any Schedule and on related supplemental lease documentation information commonly determined after execution by Lessee such as: serial numbers and other Equipment identification data, at its expense, protect and defend Lessor's title against all persons claiming against or through Lessee and shall at all times keep the Equipment free from any legal process or encumbrance whatsoever including without limitation liens, attachments, levies and executionslocations, and shall give Lessor immediate written notice thereof and shall indemnify Lessor from any loss caused therebyCommencement Dates. Lessee shall, upon Lessor's request, execute or obtain from third parties and deliver shall take all steps necessary to Lessor such estoppel certificates, landlord's waivers and such further instruments and assurances as Lessor deems necessary or advisable for the confirmation or perfection of Lessor's rights hereunder. The Equipment is, and shall at all times be and remain, personal property notwithstanding ensure that the Equipment is and remains personal property. Unless otherwise provided in writing, immediately upon the termination or expiration of the term of this Lease with respect to any part thereof may now be Schedule, Lessee shall: discontinue its use of the Equipment including any Items constituting software; return the Equipment, including any Items constituting tangible software, to Lessor at such place as Lessor shall designate within the continental United States; destroy any Items constituting intangible software or hereafter become, records thereof; not retain any Items constituting software in any mannerform; and granx Xxxxxx xxx right (which shall survive termination), affixed at Lessor's request and subject to Lessee's reasonable security requirements, to inspect all of Lessee's locations to insure compliance with the provisions of this sentence. In the event Lessee fails to comply with any of the foregoing upon the termination or attached expiration of the lease term with respect to real property or any improvements thereonSchedule, then rent for said Schedule shall continue to be due and payable in full by Lessee for each month until Lessee has complied with all of the foregoing.

Appears in 1 contract

Samples: Meade Instruments Corp

Title; Personal Property. The Equipment is, is and shall at all times be owned by remain, the property of Lessor or its assignees, and title to the Equipment shall at all times remain with Lessor, and Lessee shall have no right, title or interest therein except as set forth in the Equipment except that of a lessee. The Lessee shall have no right to purchase or otherwise acquire title to or ownership of any of the Equipmentthis Lease. If Lessor supplies Lessee with labels or other markings indicating that the Equipment is owned by Lessor, Lessee shall affix such labels to and keep them in a prominent place on the Equipment. LESSEE HEREBY AUTHORIZES LESSOR TO INSERT IN ANY EQUIPMENT SCHEDULE THE SERIAL NUMBERS AND OTHER IDENTIFICATION DATA OF EQUIPMENT WHEN DETERMINED BY LESSORLessee hereby authorizes Lessor to insert in this Lease or Schedule the serial numbers, and any other identification data of Equipment when determined by Lessor. To protect Lessor's rights in This Lease is intended by the Equipment parties to be a lease and not a security agreement subject to Article 9 of the Uniform Commercial Code. However, in the event this Lease is determined to be a security agreement, Lessee hereby grants to Lessor a security interest in the Equipment, Equipment and all proceeds, products, rents or profits from the sale, casualty loss or other disposition thereof. Lessee hereby authorizes Lessor, at Lessee's ’s expense, to cause this Lease, or any statement or other instrument in respect of this Lease showing the interest of Lessor in the Equipment, including Uniform Commercial Code financing statements, Financing Statements to be filed or recorded and re-filed and re-recordedrecorded and grants Lessor the right to execute Lessee’s name on any such instrument. Lessee agrees to execute, deliver and file any statement or instrument requested by Lessor for such purpose, and if certificates of title are issued or outstanding with respect to any of the Equipment, Lessee will cause the interest of Lessor to be properly noted thereon, and agrees to pay or reimburse Lessor for its administrative costs and out of pocket expenses relating to any reasonable searches, searches undertaken by Lessor or any filings, recordingsrecords, stamp fees or taxes related to arising from the filing or recording of or any such instrument or statement. Except with respect to any liens arising by, plus through or under Lessor's handling charges. , Lessee shall, shall at its expense, sole expense protect and defend Lessor's ’s title to the Equipment against all persons claiming against or through Lessee and shall persons, at all times keep keeping the Equipment free from any legal process process, lien or encumbrance whatsoever including without limitation but not limited to liens, attachments, levies and executions, and shall give Lessor immediate written notice thereof and shall indemnify Lessor from any loss caused thereby. Lessee shall, upon Lessor's request, shall execute or obtain from third parties and deliver to Lessor such estoppel certificatesLessor, landlord's waivers and upon Lessor’s request, such further instruments and assurances as Lessor deems necessary or advisable for the confirmation or perfection of Lessor's ’s rights hereunder. The Equipment is, is and shall at all times be and remain, remain personal property notwithstanding that the Equipment or any part thereof may now be or hereafter become, become in any manner, manner affixed or attached to real property or any improvements thereon.

Appears in 1 contract

Samples: Master Lease Agreement (Sigmatron International Inc)

Title; Personal Property. The Equipment is, and shall at all times be owned by Lessor and Lessee shall have no interest in the Equipment except that of a lessee. The Lessee and Lessee shall have no right to purchase or otherwise acquire title to or ownership of any of the Equipment. If Lessor supplies Lessee with labels indicating that the Equipment is owned by Lessor, Lessee shall affix such labels to and keep them in a prominent place on the Equipment. LESSEE HEREBY AUTHORIZES LESSOR TO INSERT IN ANY EQUIPMENT SCHEDULE THE SERIAL NUMBERS AND OTHER IDENTIFICATION DATA OF EQUIPMENT WHEN DETERMINED BY LESSORLessee hereby authorizes Lessor to insert in this Lease the serial numbers, and other identification data of Equipment when determined by Lessor. To protect Lessor's rights in the Equipment in the event this Lease is determined to be a security agreement, Lessee hereby grants to Lessor a security interest in the Equipment, Equipment and all proceeds, products, rents or profits from the sale, casualty loss or other disposition thereoftherefrom. Lessee hereby authorizes LessorLessors, at Lessee's expense, to cause this Lease, Lease or any statement or other instrument in respect of this Lease showing the interest of Lessor in the Equipment, including Uniform Commercial Code financing statements, to be filed or recorded and re-filed refiled and re-recorded, and grants Lessor the right to execute Lessee's name thereto. Lessee Lesseee agrees to execute, deliver and file any statement or instrument requested by Lessor for such purpose, and if certificates of title are issued or outstanding with respect to any of the Equipment, Lessee will cause the interest of Lessor to be properly noted thereon, and agrees to pay or reimburse Lessor for any reasonable searches, filings, recordings, stamp fees or taxes related to the filing or recording of any such instrument or statement, plus Lessor's handling charges. Lessee shall, at its expense, protect and defend Lessor's title against all persons claiming against or through Lessee and shall Lessee, at all times keep keeping the Equipment free from any legal process or encumbrance whatsoever including without limitation but not limited to liens, attachments, levies and executions, and shall give Lessor immediate written notice thereof and shall indemnify Lessor from any loss caused thereby. , Lessee shall, upon Lessor's request, request execute or obtain from third parties and deliver to Lessor such estoppel certificates, landlord's waivers and such further instruments and assurances as Lessor deems necessary or advisable for the confirmation or perfection of Lessor's rights hereunder. The Equipment is, and shall at all times be and remain, personal property notwithstanding that the Equipment or any part thereof may now be or hereafter become, in any manner, affixed or attached to real property or any improvements thereon.

Appears in 1 contract

Samples: Master Lease Agreement (Tanisys Technology Inc)

Title; Personal Property. The Equipment is, and shall at all times be owned by Lessor and Lessee shall have no interest in the Equipment except that of a lessee. The I he Lessee shall have no right to purchase or otherwise acquire title to or ownership of any of the Equipment. If Lessor supplies Lessee with labels indicating that the Equipment is owned by Lessor, Lessee Le ssee shall affix such labels to and keep them in a prominent place on the Equipment. LESSEE HEREBY AUTHORIZES LESSOR TO INSERT IN ANY EQUIPMENT SCHEDULE THE SERIAL NUMBERS AND OTHER IDENTIFICATION DATA OF EQUIPMENT WHEN DETERMINED BY LESSOREquipment Lessee hereby authorizes Lessor to insert in any Equipment Schedule the serial numbers and other identification date of Equipment when determined by Lessor. To protect Lessor's rights in the Equipment in the event this Lease is determined to be a security agreement, Lessee hereby grants to Lessor a security interest in the Equipment, and all proceeds, . products, rents or profits from the sale, casualty loss or other disposition thereof. Lessee hereby authorizes Lessor, at Lessee's expense, to cause this Lease, or any statement or other instrument in instruments respect of this Lease showing the interest of Lessor in the Equipment, including Uniform Commercial Code financing statements, to be filed or recorded and re-filed and re-recorded. and grants Lessor the right to execute Lessee's name thereto. Lessee agrees to execute, deliver and file any statement or instrument requested by Lessor for such purpose, and if certificates of title are issued or outstanding with respect to any of the Equipment, Lessee will cause the interest of Lessor to be properly noted thereon, and agrees to pay or reimburse Lessor for any reasonable searches, filings, recordings, stamp fees or taxes related to the filing or recording of any such instrument or statement, plus Lessor's handling charges. Lessee shall, at its expense, protect and defend Lessor's title Lessor s against all persons claiming against or through Lessee and shall at all times keep the Equipment free from any legal process or encumbrance whatsoever including without limitation liens, attachments, levies and executions, and shall give Lessor immediate written notice thereof and shall indemnify Lessor from any loss caused thereby. Lessee shall, upon Lessor's request, execute or obtain from third parties and deliver to Lessor such estoppel certificates, landlord's waivers and such further instruments and assurances as Lessor deems necessary or advisable for the confirmation or of perfection of Lessor's rights hereunder. The Equipment is, and shall at all times be and remain, personal property notwithstanding that the Equipment or any part thereof may now be or hereafter hereunder become, in m any manner, affixed or attached to real property or any improvements thereon.hereon

Appears in 1 contract

Samples: Oryx Technology Corp

Title; Personal Property. The Equipment is, and shall at all times be owned by Lessor and Lessee shall have no interest in the Equipment except that of a lessee. The Lessee shall have no right to purchase or otherwise acquire title to or ownership of any of the Equipment. If Lessor supplies Lessee with labels indicating that the Equipment is owned by Lessor, Lessee shall affix such labels to and keep them in a prominent place on the Equipment. LESSEE HEREBY AUTHORIZES LESSOR TO INSERT IN ANY EQUIPMENT SCHEDULE THE SERIAL NUMBERS AND OTHER IDENTIFICATION DATA OF EQUIPMENT WHEN DETERMINED BY LESSOR. To protect Lessor's rights in the Equipment in the event this Lease is determined to be a security agreement, Lessee hereby grants to Lessor a security interest in the Equipment, and all proceeds, products, rents or profits from the sale, casualty loss or other disposition thereof. Lessee hereby authorizes Lessor, at Lessee's expense, to cause this Lease, or any statement or other instrument in respect of this Lease showing the interest of Lessor in the Equipment, including Uniform Commercial Code financing statements, to be filed or recorded and re-filed and re-recorded, and grants Lessor the right to execute Lessee's name thereto. Lessee agrees to execute, deliver and file any statement or of instrument requested by Lessor for such purpose, and if certificates of title are issued or outstanding with respect to any of the Equipment, Lessee will cause the interest of to Lessor to be properly noted thereon, and agrees to pay or reimburse Lessor for any reasonable searches, filings, recordings, stamp fees or taxes related to the filing or recording of any such instrument or statement, plus Lessor's handling charges. Lessee shall, at its expense, protect and defend Lessor's title against all persons claiming against or through Lessee and shall at all times keep the Equipment free from any legal process or encumbrance whatsoever including without limitation liens, attachments, levies and executions, and shall give Lessor immediate written notice thereof and shall indemnify Lessor from any loss caused thereby. Lessee shall, upon Lessor's request, execute or obtain from third parties and deliver to Lessor such estoppel certificates, landlord's waivers waiver and such further instruments and assurances as Lessor deems necessary or advisable for the confirmation or perfection of Lessor's rights hereunder. The Equipment equipment is, and shall at all times be and remain, personal property notwithstanding that the Equipment or any part thereof may now be or hereafter become, in any manner, affixed or attached to real property or any improvements thereon.

Appears in 1 contract

Samples: Master Lease Agreement (Tanisys Technology Inc)

Title; Personal Property. The Equipment equipment is, and shall at all times be owned by Lessor and Lessee shall have no interest in the Equipment except that of a lessee. The Lessee shall have no right to purchase or otherwise acquire title to or ownership of any of the Equipment. If Lessor supplies Lessee with labels indicating that the Equipment is owned by Lessor, Lessee shall affix such labels to and keep them in a prominent place on the Equipment. LESSEE HEREBY AUTHORIZES LESSOR TO INSERT IN ANY EQUIPMENT SCHEDULE THE SERIAL NUMBERS AND OTHER IDENTIFICATION DATA OF EQUIPMENT WHEN DETERMINED BY LESSORLessee hereby authorizes Lessor to insert in any Equipment Schedule the serial numbers and other identification data of Equipment when determined by Lessor. To protect Lessor's rights in the Equipment in the event this Lease is determined to be a security agreement, Lessee hereby grants to Lessor a security interest in the Equipment, and all proceeds, products, rents or profits from the sale, casualty loss or other disposition thereof. Lessee hereby authorizes Lessor, at Lessee's expense, to cause this Lease, or any statement or other instrument in respect of this Lease showing the interest of Lessor in the Equipment, including Uniform Commercial Code financing statements, to be filed or recorded and re-filed and re-recorded, and grants Lessor the right to execute Lessee's name thereto. Lessee agrees to execute, deliver and file any statement or instrument requested by Lessor for such purpose, and if certificates of title are issued or outstanding with respect to any of the Equipment, Lessee will cause the interest of Lessor to be properly noted thereon, and agrees to pay or reimburse Lessor for any reasonable searches, filings, recordings, stamp fees or taxes related to the filing or recording of any such instrument or statement, plus Lessor's handling charges. Lessee shall, at its expense, protect and defend Lessor's title against all persons claiming against or through Lessee and shall at all times keep the Equipment free from any legal process or encumbrance whatsoever including without limitation liens, attachments, levies and executions, and shall give Lessor immediate written notice thereof and shall indemnify Lessor from any loss caused thereby. Lessee shall, upon Lessor's request, execute or obtain from third parties and deliver to Lessor such estoppel certificates, landlord's waivers and such further instruments and assurances as Lessor deems necessary or advisable for the confirmation or perfection of Lessor's rights hereunder. The Equipment is, and shall at all times be and remain, personal property notwithstanding that the Equipment or any part thereof may now be or hereafter become, in any manner, affixed or attached to real property or any improvements thereon.

Appears in 1 contract

Samples: Master Lease Agreement (Tanisys Technology Inc)

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Title; Personal Property. The Equipment is, and shall at all times be owned by Lessor and Lessee shall have no interest in the Equipment except that of a lessee. The Lessee shall have no right to purchase or otherwise acquire title to or ownership of any of the Equipment. If Lessor supplies Lessee with labels indicating that the Equipment is owned by Lessor, Lessee shall affix such labels to and keep them in a prominent place on the Equipment. LESSEE HEREBY AUTHORIZES LESSOR TO INSERT IN ANY EQUIPMENT SCHEDULE THE SERIAL NUMBERS AND OTHER IDENTIFICATION DATA OF EQUIPMENT WHEN DETERMINED BY LESSOR. To protect Lessor's rights in the Equipment in the event this Lease is determined to be a security agreement, Lessee hereby grants to Lessor a security interest in the Equipment, and all proceeds, products, rents or profits from the sale, casualty loss or other disposition thereof. Lessee hereby authorizes Lessor, at Lessee's expense, to cause this Lease, or any statement or other instrument in respect of this Lease showing the interest of Lessor in the Equipment, including Uniform Commercial Code financing statements, to be filed or recorded and re-filed and re-recorded, and grants Lessor the right to execute Lessee's name thereto. Lessee agrees to execute, deliver and file any statement or instrument requested by Lessor for such purpose, and if certificates of title are issued or outstanding with respect to any of the Equipment, Lessee will cause the interest of Lessor to be properly noted thereon, and agrees to pay or reimburse Lessor for any reasonable searches, filings, recordings, stamp fees or taxes related to the filing or recording of any such instrument or statement, plus Lessor's handling charges. Lessee shall, at its expense, protect and defend Lessor's title against all persons claiming against or through Lessee and shall at all times keep the Equipment free from any legal process or encumbrance whatsoever including without limitation liens, attachments, levies and executions, and shall give Lessor immediate written notice thereof and shall indemnify Lessor from any loss caused thereby. Lessee shall, upon Lessor's request, execute or obtain from third parties and deliver to Lessor such estoppel certificates, landlord's waivers and such further instruments and assurances as Lessor deems necessary or advisable for the confirmation or perfection of Lessor's rights hereunder. The Equipment is, and shall at all times be and remain, personal property notwithstanding that the Equipment or any part thereof may now be or hereafter become, in any manner, affixed or attached to real property or any improvements thereon.

Appears in 1 contract

Samples: Adflex Solutions Inc

Title; Personal Property. The Except as otherwise provided in this Lease or any Schedule, title to the Equipment isshall remain in Lessor. Lessee shall at all times keep the Equipment free and clear of all liens, claims, levies, and legal processes, and shall at all times be owned its expense protect and defend Lessor’s title and/or license rights in the Equipment. In the event any of the Equipment is software governed by, or dependent upon a software license, Lessee shall keep said license current for the entire Term and, to the extent the license allows title to the software to pass to licensee, such title shall vest and remain in Lessor. Lessee acknowledges that the license to use the software is being provided by the Manufacturer solely because of payments made by Lessor and Lessee shall have no in consideration therefor Lessor has obtained Lessee’s interest in the Equipment except that of a lesseeLicense. The Lessee shall have no right hereby agrees and does hereby appoint Lessor or its assigns its true and lawful attorney-in-fact to purchase prepare financing statements or otherwise acquire title other instruments Lessor deems necessary, and authorizes Lessor to cause this Lease or ownership of any of the Equipment. If Lessor supplies Lessee with labels indicating that the Equipment is owned by other instruments in Lessor, Lessee shall affix such labels ’s determination to and keep them be filed or recorded at Lessee’s expense in a prominent place on the Equipment. LESSEE HEREBY AUTHORIZES LESSOR TO INSERT IN ANY EQUIPMENT SCHEDULE THE SERIAL NUMBERS AND OTHER IDENTIFICATION DATA OF EQUIPMENT WHEN DETERMINED BY LESSOR. To order to protect Lessor's rights in the Equipment in the event this Lease is determined to be a security agreement, Lessee hereby grants to Lessor a security ’s interest in the Equipment, and all proceeds, products, rents or profits from grants Lessor the sale, casualty loss or other disposition thereofright to execute and deliver such instruments for and on behalf of Lessee. Lessee hereby authorizes If requested by Lessor, at Lessee's expense, to cause this Lease, or any statement or other instrument in respect of this Lease showing the interest of Lessor in the Equipment, including Uniform Commercial Code financing statements, to be filed or recorded and re-filed and re-recorded. then Lessee agrees to execute, execute and deliver and file any statement or instrument requested by Lessor for such purpose, and if certificates of title are issued or outstanding with respect to any of the Equipment, Lessee will cause the interest of Lessor to be properly noted thereon, instruments and agrees to pay or reimburse Lessor for any reasonable searches, filings, recordings, stamp fees inspections, fees, taxes or taxes related any other costs incurred as necessary to protect Lessor’s interest in the filing or recording of any such instrument or statement, plus Lessor's handling chargesEquipment. Lessee shallalso authorizes Lessor to insert on any Schedule and on related supplemental lease documentation information commonly determined after execution by Lessee such as: serial numbers and other Equipment identification data, at its expenseEquipment locations, protect and defend Lessor's title against all persons claiming against or through Lessee and shall at all times keep the Equipment free from any legal process or encumbrance whatsoever including without limitation liens, attachments, levies and executionsCommencement Dates, and shall give Lessor immediate written notice thereof and shall indemnify Lessor from any loss caused therebyFinal Commencement Date. Lessee shall, upon Lessor's request, execute or obtain from third parties and deliver shall take all steps necessary to Lessor such estoppel certificates, landlord's waivers and such further instruments and assurances as Lessor deems necessary or advisable for the confirmation or perfection of Lessor's rights hereunder. The Equipment is, and shall at all times be and remain, personal property notwithstanding ensure that the Equipment or any part thereof may now be or hereafter become, in any manner, affixed or attached to real property or any improvements thereonis and remains personal property.

Appears in 1 contract

Samples: Master Lease Agreement (CareView Communications Inc)

Title; Personal Property. The Equipment is, and shall at all times be owned by Lessor and Lessee shall have no interest in the Equipment except that of a lessee. The Lessee and Lessee shall have no the right to purchase or otherwise acquire title to or ownership of any of the Equipment. If Lessor supplies Lessee with labels indicating that the Equipment is owned by Lessor, Lessee shall affix such labels to and keep them in a prominent place on the Equipment. LESSEE HEREBY AUTHORIZES LESSOR TO INSERT IN ANY EQUIPMENT SCHEDULE THE SERIAL NUMBERS AND OTHER IDENTIFICATION DATA OF EQUIPMENT WHEN DETERMINED BY LESSORLessee hereby authorizes Lessor to insert in this Lease the serial numbers, and other identification data of Equipment when determined by Lessor. To protect Lessor's rights in the Equipment in the event this Lease is determined to be a security agreement, Lessee hereby grants to Lessor a security interest in the Equipment described herein and in the Schedules or in any invoices that contain descriptions of the Equipment, and all proceeds, products, rents or profits from the sale, casualty loss or other disposition proceeds and products thereof. Lessee hereby authorizes Lessor, at Lessee's expense, to cause this Lease, or any statement or other instrument in respect of this Lease showing the interest of Lessor in the Equipment, including Uniform Commercial Code financing statements, to be filed or recorded recorded, and re-filed grants Lessor and re-recordedits agents the right to execute Lessee's name thereto. Lessee agrees to execute, deliver and file any statement or instrument requested by Lessor for such purpose, and if certificates of title are issued or outstanding with respect to any of the Equipment, Lessee will cause the interest of Lessor to be properly noted thereon, and agrees to pay or reimburse Lessor for any reasonable searches, filings, recordings, stamp fees or taxes related to the filing or recording of any such instrument or statement, plus Lessor's handling charges. Lessee shall, at its expense, protect and defend Lessor's title against all persons claiming against or through Lessee and shall Lessee, at all times keep keeping the Equipment free from any legal process or encumbrance whatsoever including without limitation but not limited to liens, attachments, levies and executions, and shall give Lessor immediate written notice thereof and shall indemnify Lessor from any loss caused thereby. Lessee shall, upon Lessor's request, execute or obtain from third parties and deliver to Lessor such estoppel certificates, landlord's waivers and such further instruments and assurances as Lessor deems necessary or advisable for the confirmation or perfection of Lessor's rights hereunder. The Equipment is, and shall at all times be and remain, personal property notwithstanding that the Equipment or any part thereof may now be or hereafter become, in any manner, affixed or attached to real property or any improvements thereon. Lessee agrees to pay Lessor a non-refundable fee of $250 for Lessor's documentation costs, including without limitation the preparation of financing statements.

Appears in 1 contract

Samples: Master Lease Agreement (Virologic Inc)

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