Upgrade of Equipment. During the last nine (9) months of a lease period, the Customer may request in writing an equipment upgrade of equal or greater dollar value of the equipment originally leased for a new lease period that is equal to or greater than the original lease period, not to exceed a 5 year lease term. Such a request will result in the original lease and all obligations set forth therein, including payment terms, being terminated. Any new leases that are in excess of $35,000 in annual total value will require Department of Financial Services approval (state agencies only) prior to execution of a new lease agreement, as per section 287.063(2)(a), F.S. Equipment upgrades will be offered at the prices set forth in Contractor’s price sheets, or the adjusted prices as permitted in Scope of Work Section 3.2.26. Notwithstanding Scope of Work Sections 3.2.25.1 and 3.2.33, upon termination of a lease agreement under this subsection, the equipment will be returned to the Contractor, and the Customer shall be responsible for charges associated with removal of the terminated equipment and transportation charges, if applicable.
b. Exhibit B: ITB 22-44102100-Z, Section 3 Scope of Work, Subsection 3.2.25, Lease Agreements, is hereby amended to add the following section:
Upgrade of Equipment. If the Equipment consists of a feature, device or model upgrade for other equipment (an “Upgrade”), all parts removed as part of the Upgrade will become the property of Florin Connect Nederland B.V. unless otherwise stated on the Quote. You will be responsible for assuring the delivery of such removed parts to Florin Connect Nederland B.V. in good working order and with good and clear title, upon installation of the Upgrade, but in no event later than ten days after your receipt of the Equipment.
Upgrade of Equipment. If the Equipment consists of a feature, device or model upgrade for other equipment (an ”U pgrade”), all parts removed as part of the U pgrade will become the property of Red Bird Hardware unless otherwise stated on the Quote. You will be responsible for assuring the delivery of such removed parts to Red Bird Hardware, in good working order and with good and clear title, upon installation of the U pgrade, but in no event later than ten days after your receipt of the Equipment.
Upgrade of Equipment. If the Equipment consists of a feature, device or model upgrade for other equipment (an ”Upgrade”), all parts removed as part of the Upgrade will become the property of MAXAT Hardware unless otherwise stated on the Quote. You will be responsible for assuring the delivery of such removed parts to MAXAT Hardware, in good working order and with good and clear title, upon installation of the Upgrade, but in no event later than ten days after your receipt of the Equipment.
Upgrade of Equipment. The Company shall, and shall cause each of its Subsidiaries to, update the Software customarily used in equipment of the same type as the equipment utilized by the Company and its Subsidiaries in the Telecommunication Business as reasonably necessary for the conduct and operation of the business of the Company and its Subsidiaries and the Company and its Subsidiaries shall update the Software utilized in other equipment to the extent reasonably necessary for the operation of the business of the Company and its Subsidiaries. The Company shall, and shall cause each of its Subsidiaries to, maintain the Equipment in good working order in accordance with established maintenance procedures such that the Equipment used in the Telecommunication Business performs to published specifications and to upgrade its functionality to include batch change supplements releases generally available to customers of the Company or the applicable vendor, as the case may be, and batch change supplements upgrades included in the original purchase price of the purchase agreement for such equipment and perform updates and maintenance on other equipment to the extent reasonably necessary for the operation of business of the Company and its Subsidiaries.
Upgrade of Equipment. The Borrower shall update the Software ---------------------- used in the Equipment within two releases of the most current batch change supplement release. The Borrower shall maintain the Equipment in good working order in accordance with established maintenance procedures such that the Equipment performs to published specifications and shall upgrade its functionality to include batch change supplements releases generally available to customers of Nortel or the applicable Vendor, as the case may be, and batch change supplements upgrades included in the original purchase price of the Purchase Agreement in the form in effect on the date of the Closing Date.
Upgrade of Equipment. Upon mutual agreement of the Parties, Customer may, upon providing thirty (30) days written notice to Winstar, sell back to Winstar any Equipment at the fair market value of the Equipment, as determined by a commercially reasonable method of valuation agreed to by the Parties, as of the effective date of the repurchase. Customer may only exercise its option to upgrade once during the Term of the Master Agreement. In consideration, and upon exercise of such option, Customer shall purchase, upon similar terms and conditions as those described herein, Equipment with greater capacity than the Equipment sold back to Winstar. Winstar shall inform Customer of the repurchase price of the Equipment as well as the purchase price of the upgraded Equipment as soon as practicable after receipt of notice from Customer of its intent to exercise its option to upgrade the Equipment pursuant to this Section. This upgrade clause shall be available during the year following the Effective Date only. (THIS SPACE INTENTIONALLY LEFT BLANK)
Upgrade of Equipment. If the Equipment consists of a feature, device or model upgrade for other equipment (an "Upgrade"), all parts removed as part of the Upgrade will become the property of LTL IT Solutions unless otherwise stated on the Quote. You will be responsible for assuring the delivery of such removed parts to LTL IT Solutions, in good working order and with good and clear title, upon installation of the Upgrade, but in no event later than ten days after your receipt of the Equipment.
Upgrade of Equipment. If you notify us that you wish to upgrade the Equipment, we will give consideration to financing the upgrade. We will only consider the upgrade if:
(1) you are not in default under this Agreement; and
(2) we are satisfied with your financial performance and position.
Upgrade of Equipment. The Borrower shall, and shall cause each of its Subsidiaries to, update the Software customarily used in equipment of the same type as the equipment utilized by the Borrower and its Subsidiaries in the Telecommunication Business and update the Software utilized in other equipment, in each case to the extent reasonably necessary for the operation of the business of the Borrower and its Subsidiaries. The Borrower shall, and shall cause each of its Subsidiaries to, maintain the Equipment in good working order in accordance with established maintenance procedures such that the Equipment used in the Telecommunication Business performs to published specifications and to upgrade its functionality to include batch change supplements releases generally available to customers of such Loan Party or the applicable vendor, as the case may be, and batch change supplements upgrades included in the original purchase price of the purchase agreement for such equipment and perform updates and maintenance on other equipment to the extent reasonably necessary for the operation of business of the Loan Parties and their respective Subsidiaries.
