Use and Care of the Equipment Sample Clauses

Use and Care of the Equipment. During the continuance of the Agreement the Customer shall, or as applicable take reasonable measures to ensure any End User shall: (1) ensure proper environmental conditions are maintained for the Equipment and shall maintain in good condition the accommodation of the Equipment, the cables and fittings associated therewith and the electricity supply thereto; (2) not make any modification to, tamper with, wrongfully operate, repair or maintain the Equipment without the Company’s prior written consent or authorise anyone other than the Company to carry out any adjustments, repairs or maintenance of the Equipment; (3) keep and operate the Equipment in a proper and prudent manner in accordance with the manufacturer’s operating instructions and ensure that only competent trained employees (or persons under their supervision) are allowed to operate the Equipment; (4) ensure that the external surfaces of the Equipment are kept clean and in good condition and carry out any minor maintenance recommended by the manufacturer from time to time; (5) use on the Equipment only such operating supplies as recommended by the manufacturer in writing and if such use results in repetitive service calls or abnormal Wear and Tear then the Company will be entitled to make an additional charge in accordance with Clause 7 for the Services provided as a result; (6) notify the Company in writing if any of the Equipment is to be moved and or has been moved from Site or if any of the Equipment has been removed from service; (7) not use in conjunction with the Equipment any accessory, attachment or additional equipment other than that which has been supplied by or approved in writing by the Company; (8) not use the Equipment other than for purpose for which it was designed and take reasonable precautions to avoid damage to the Equipment.
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Use and Care of the Equipment. The University will exercise due care in its operation, use and maintenance of the Equipment. The University will not use the Equipment in any manner that would be in breach of applicable laws, rules, regulations and other governmental directives or would violate the terms of a manufacturer’s warranty or operational standards for use of the Equipment.
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Use and Care of the Equipment. (a) The Licensor must provide or make available to the Licensee all applicable Equipment manuals that the Licensee must comply with under this clause 3. (b) The Licensee must, and must ensure that any Operator: (i) only operates the Equipment in accordance with any applicable manufacturer's specifications and Equipment manuals; (ii) complies with any restrictions on or terms for use of the Equipment as set out in item 6 of the Details Schedule; (iii) complies with all laws and obtains all necessary permits and Operator qualifications relating to the use of the Equipment; (iv) takes proper care of the Equipment; (v) promptly gives the Licensor any information that the Licensor asks for in relation to the Equipment; and (vi) does not use or otherwise deal with the Equipment in any way that may affect any Equipment warranties. (c) Subject to item 8 of the Details Schedule, the Licensee must at its cost undertake periodic servicing, cleaning, maintenance and general repair work required to be performed on the Equipment in accordance with any applicable manufacturer's specifications and Equipment manuals, including by arranging for any such maintenance services to be performed by the original Equipment manufacturer if required.‌ (d) The Licensee must not modify, dismantle, reverse engineer or decompile the Equipment without first obtaining the Licensor's written approval. (e) Subject to item 7 of the Details Schedule, the Licensee is responsible for the supply of all parts and consumables necessary to use and maintain the Equipment.
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Use and Care of the Equipment. (a) The Licensee must, and must ensure that any Operator: (i) only operates the Equipment in accordance with the manufacturer's specifications, Equipment manuals and good industry practice; (ii) complies with any restrictions on or terms for use of the Equipment as set out in item 5 of the Details Schedule; (iii) complies with all laws and obtains all necessary permits and Operator qualifications relating to the use of the Equipment; (iv) takes proper care of the Equipment; (v) promptly gives the Licensor any information that the Licensor asks for in relation to the Equipment; and
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Use and Care of the Equipment. 6.1 The Customer must: 6.1.1 keep the Equipment in Good Working Order; 6.1.2 ensure that the Equipment is used and serviced and maintained at its own cost, in accordance with the Supplier’s or manufacturer’s instructions, recommendations and specifications, any warranties in respect of the Equipment, and any requirements specified by the Owner or an insurer of the Equipment; 6.1.3 comply at its own cost with any laws relating to the use, operation, maintenance and possession of the Equipment, including obtaining and maintaining any necessary licences, permits or registration; and 6.1.4 avail itself of all applicable warranties in respect of the Equipment so that any damage is repaired or Damaged Equipment is replaced to the fullest extent possible. 6.2 If the Equipment is damaged and can be repaired (the “Damaged Equipment”), the Customer must immediately restore the Equipment to Good Working Order. Any part of the Damaged Equipment that is replaced during the course of repairing the Equipment will be deemed to become part of the Equipment and the property of the Owner. 6.3 The Customer acknowledges and agrees that: 6.3.1 it has made separate arrangements with Fidelity for the provision of Services; 6.3.2 if Fidelity or any third party breaches any of its obligations under any agreement for Services, then the Customer is not entitled to terminate this Agreement, the Customer merely has the right to seek redress from Fidelity under the relevant agreement for the Services. For the avoidance of doubt, the Customer must continue to pay the Lease Payments and all other sums due to the Owner under this Agreement in accordance with clause 4 even if Fidelity breaches any of its obligations under any agreement for the Services; 6.3.3 this is a separate and independent legal obligation from the provision of Services under the relevant agreement for Services to which the Owner is not a party. 6.4 The Customer acknowledges that it may be liable to pay Damage Charges to the Owner for any Equipment which is not in Good Working Order when returned to the Owner in accordance with clause 12.
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Use and Care of the Equipment. 6.1 The Hirer shall: (a) look after the Equipment and keep it in good condition and working order (fair wear and tear only excepted); (b) allow Wolseley or its duly authorised agent or representative at reasonable times and upon reasonable notice to enter its premises to inspect, test, repair, service or replace the Equipment and any records relating to the Equipment; (c) allow Xxxxxxxx to affix and keep affixed to the Equipment in a prominent visible position a notice stating the Equipment is the property of Wolseley, and the Hirer shall not remove, deface or cover up such notice; (d) keep the Equipment at all times in the possession or control of the Hirer and at the Site, and shall not move or attempt to move any part of the Equipment to any other location without Xxxxxxxx's prior written consent; (e) use the Equipment in a skilful and proper manner and in accordance with any operating instructions issued for it and shall ensure that the Equipment is operated and used by properly skilled and trained personnel; (f) not use the Equipment for any unlawful purpose or for any purpose for which such Equipment is not designed, reasonably suited, normally put to use or in a manner not fully covered by the insurances referred to in clause 7; (g) not make any alteration to the Equipment or remove any component from the Equipment unless it is replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a like make and model to that removed or any improved or advanced version of it; (h) comply with all statutory and other obligations of all kinds in relation to the Equipment and the use of it and obtain, effect and keep effective all permissions, licences and permits which are required in connection with the Equipment and its use; and (i) not affix the Equipment to any land or building without the prior written consent of Wolseley and shall make good any damage caused by the affixation or removal of the Equipment from any such land or buildings.
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Use and Care of the Equipment. 6.1. The Hirer shall, for the duration of the hire: 6.1.1. ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed and for lawful purposes, and operated in a proper, safe and correct manner by trained competent staff in accordance with any operating instructions and the instructions of the Engineers; 6.1.2. take such steps (including compliance with all safety and usage instructions provided by the Supplier or the Engineers) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; 6.1.3. not interfere with or make any modifications, additions or alterations to the Equipment and shall not remove any existing component(s) from the Equipment without the prior written consent of the Supplier; 6.1.4. keep the Supplier fully informed of all material matters relating to the Equipment and notify the Supplier immediately in the event of any fault, loss and/or damage to the Equipment; 6.1.5. not modify or remove any markings or ownership information on the Equipment; 6.1.6. at all times make clear to any relevant third party that the Equipment is the property of the Supplier; 6.1.7. keep the Equipment at all times at the Site taking all adequate and proper measures to protect the Equipment from adverse weather conditions, theft, damage and/or other physical risks and not move or attempt to move any part of the Equipment to any other location without the Supplier's prior written consent; 6.1.8. permit the Supplier, its duly authorised representative or an Engineer to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and grant (or procure the grant of) reasonable access and facilities for such inspection; 6.1.9. in the event that any Site becomes subject to moratorium proceedings due to insolvency or access to the Site or Equipment is otherwise restricted by a third party, make best endeavours to procure a right for the Supplier to access the Site and retake possession of the Equipment; 6.1.10. not, without the prior written consent of the Supplier, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in r...
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Use and Care of the Equipment 
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Related to Use and Care of the Equipment

  • Use of the Equipment 9.1 The Equipment shall be used by Hospital only at the Site and shall not be removed therefrom. Hospital shall use the Equipment only in the regular and ordinary course of Hospital's business operations and only within the capacity of the Equipment as determined by Elekta's specifications. Hospital shall not use nor permit the Equipment to be used in any manner nor for any purpose which, in the opinion of Elekta or GKF, the Equipment is not designed or reasonably suitable. 9.2 This is an agreement of lease only. Nothing herein shall be construed as conveying to Hospital any right, title or interest in or to the Equipment, except for the express leasehold interest granted to Hospital for the Term. All Equipment shall remain personal property (even though said Equipment may hereafter become attached or affixed to real property) and the title thereto shall at all times remain exclusively in GKF. 9.3 During the Term, upon the request of GKF, Hospital shall promptly affix to the Equipment in a prominent place, or as otherwise directed by GKF, labels, plates, insignia, lettering or other markings supplied by GKF indicating GKF's ownership of the Equipment, and shall keep the same affixed for the entire Term. Hospital hereby authorizes GKF to cause this Lease or any statement or other instrument showing the interest of GKF in the Equipment to be filed or recorded, or refiled or re-recorded, with all governmental agencies considered appropriate by GKF, at Hospital's cost and expense. Hospital also shall promptly execute and deliver, or cause to be executed and delivered, to GKF any statement or instrument requested by GKF for the purpose of evidencing GKF's interest in the Equipment, including financing statements and waivers with respect to rights in the Equipment from any owners or mortgagees of any real estate where the Equipment may be located. 9.4 At Hospital's cost and expense, Hospital shall (a) protect and defend GKF's ownership of and title to the Equipment from and against all persons claiming against or through Hospital, (b) at all times keep the Equipment free from any and all liens, encumbrances, attachments, levies, executions, burdens, charges or legal processes imposed against Hospital, (c) give GKF immediate written notice of any matter described in clause (b), and (d) in the manner described in Section 22 below indemnify GKF harmless from and against any loss, cost or expense (including reasonable attorneys' fees) with respect to any of the foregoing.

  • SERVICES AND EQUIPMENT 15.01. Landlord, at its own cost and expense shall: (a) Provide full passenger elevator service (i.e., five (5) Passenger elevator cars, subject to the provisions of Section 15.03) from 8:00 A.M. to 6:00 P.M. on all Business Days with two (2) passenger elevators available at all other times. Landlord may designate local and express stops for elevators and may change such designation of express and local stops from time to time. Landlord agrees that, except in an emergency situation, Landlord shall not grant permission for any construction items or materials or for any workmen carrying the same to be transported by use of the passenger elevator cars. At times other than during Business Hours of Business Days up to one (1) elevator car in Tenant’s elevator bank may be used for the transport of construction workers or materials; provided that such elevator car shall be properly cleaned before the beginning of the next Business Day. Landlord will use a first class standard for elevator maintenance. (b) Provide freight elevator service to the Premises on a first come-first served basis (i.e., no advance scheduling) during the Building’s normal freight elevator hours (i.e., 8 A.M. to 12:00 P.M. and 1:00 P.M. to 4:30 P.M.) of Business Days. Freight elevator service shall also be provided to the Premises on a reserved basis at all other times, upon the payment of Landlord’s then established charges therefor which shall be Additional Charges hereunder. As of the date hereof, Landlord’s charge for overtime freight elevator service is at the rate of $200 per hour subject to increase in proportion to increases in Landlord’s actual costs to provide same. Any request for overtime freight elevator service shall entail a minimum in the number of hours to the extent the applicable Building Service Union Employee Service contract requires a minimum number of hours per shift. (i) Supply ventilation throughout the year and supply heat and air-conditioning, as seasonally required; but in all events, Landlord shall supply heat from October 15 to April 15 and air-conditioning from April 15 to October 15, from the Building heating, ventilating and air-conditioning system from 8:00 A.M. to 6:00 P.M, on all Business Days in accordance with the specifications attached hereto as Exhibit N and made a part hereof. (ii) In connection with its operation of the existing systems and equipment in the Building, give due consideration to the applicable portions of ASHRAE Standard No. 62-1989 to the extent that the same is implemented or adhered to generally by buildings with similar systems and equipment and of similar age and size. Tenant acknowledges that if it shall fail to keep entirely unobstructed all of the vents, intakes, outlet and grilles in the Premises at all times, or shall fail to comply with and observe all reasonable regulations and requirements prescribed by Landlord for the proper functioning of the heating, ventilating and air-conditioning system, the HVAC services may not meet the standards set forth in the specifications. (d) Provide cleaning services, in accordance with the specifications set forth in Exhibit F hereto, in the Premises and public portions of the Building on all Business Days. (e) Furnish hot and cold water for lavatory and drinking and office cleaning purposes and for use in all pantries and kitchenettes installed by Tenant in the Premises. If Tenant requires, uses or consumes water for any other purposes, Tenant agrees that Landlord may install a meter to measure Tenant’s water consumption, and Tenant further agrees to reimburse Landlord for the reasonable out-of-pocket cost of the meter and the installation thereof, and to pay for the reasonable out-of-pocket maintenance cost of said meter equipment within thirty (30) days after Landlord’s rendition of a xxxx therefor. Tenant shall reimburse Landlord for the water consumed as measured by said meter based upon the actual out-of-pocket cost to Landlord of such water, including any actual out-of-pocket costs incurred by Landlord in connection with the meter readings, and any sewer rents, and all other charges imposed by any authority, on, or measured by, the use of water within thirty (30) days after rendition of a xxxx therefor. (f) Maintain listings on the Building directory of the names of Tenant, or its permitted subtenants, assignees or affiliates and the names of any of their officers and employees, provided that the names so listed shall not use more than Tenant’s Proportionate Share of the space on the Building directory. Tenant shall reimburse Landlord for any actual out-of-pocket costs incurred by Landlord to unaffiliated third parties in connection with changes and additions to such directory listings requested by Tenant. (g) Repaint or retouch, as reasonably required to compensate for ordinary wear and tear and for any damage caused by Landlord, its employees, contractors and agents, all convector covers in the Premises not less frequently than once in every three (3) years; provided, however, that Tenant shall be solely responsible at its expense to remove its property and make such convectors accessible for such painting by Landlord. (h) With respect to the Tenant named herein only, provide at the existing security/concierge desk in the lobby of the Building during all hours other than Business Hours of Business Days personnel to carry out such security procedures as are set forth in Exhibit P hereof and to implement other security measures as Landlord shall from time to time adopt (after consultation with Tenant, but without any obligation to obtain Tenant’s agreement or approval). Notwithstanding that Landlord shall agree to instruct its employees to follow such security procedures as set forth in this Lease, Landlord shall in no way be responsible for any violation of such procedures or circumvention of such Procedures as may occur from time to time at the Building and in no event shall Landlord be liable to Tenant for any loss, injury or damage to Tenant or to any other person as may result from violations or circumventions of the security procedures instituted at the Building as described in this subsection 15.01(h). 15.02. Holidays shall be deemed to mean all those dates designated as holidays by the Board of Governors of the New York Stock Exchange, in addition to dates designated as holidays by the City of New York, State of New York and/or the United States, and in addition shall also include holidays to which maintenance or service employees of the Building are entitled under their union contract or contracts. 15.03. Landlord reserves the right to interrupt, curtail or suspend the services required to be furnished by Landlord under this Article 15 when the necessity therefor arises by reason of accident, emergency, mechanical breakdown, or when required by any law, order or regulation of any Federal, state, county or municipal authority, or for any other cause beyond the reasonable control of Landlord. Except in case of an emergency, Landlord will notify Tenant in advance of any such stoppage, and if ascertainable, its estimated duration. Landlord shall complete all required repairs or other necessary work in accordance with the standards set forth in subsection 13.01(b). Except as set forth in Section 13.03 hereof and subject to the provision of Section 27.03 hereof, no diminution or abatement of rent or other compensation shall or will be claimed by Tenant as a result therefrom, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of such interruption, curtailment or suspension. (a) If Tenant shall require heat or air-conditioning services at any time other than as furnished by Landlord in accordance with subsection 15.01(c) hereof, then, if Tenant shall give notice in writing to the Building superintendent prior to 4:00 P.M. in the case of services required on weekdays, prior to 4:00 P.M. on the Friday prior in the case of after hours service recurred on weekends or on holiday Mondays or prior to 4:00 P.M. on the day prior in the case of after hours service recurred on other holidays or weekends following Fridays which are holidays, Landlord shall furnish such service and Tenant shall pay to Landlord upon demand as Additional Charges hereunder Landlord’s then established charges therefor. As of the date hereof, Landlord’s standard rate charged to other tenants in the Building is $600.00 per floor per hour and, except as otherwise provided below in this subsection 15.04(a), requires a four (4) hour minimum and a four (4) floor minimum. Such charge shall be subject to increase in proportion to increases in Landlord’s actual costs to provide same provided however if Landlord charges a future tenant in the Building a lesser rate for the overtime heat or air-conditioning services, then provided Tenant shall agree to be obligated to utilize the same or more overtime heat or air-conditioning services utilized by such future tenant, such charge charged to Tenant shall then and thereafter be reduced to such lesser charge charged to such future tenant. If any other tenant or tenants of the Building in the same zone as Tenant request overtime air-conditioning or heating for any period for which Tenant has requested such service pursuant to the provisions of this subsection 15.04(a), then the Landlord’s charge for overtime HVAC, as set forth above, shall be prorated among Tenant and such other tenant or tenants, as the case may be. Notwithstanding the generality of the foregoing, any request for overtime HVAC service to commence at 6:00 P.M. on any Business Day shall not require or be subject to a “minimum” with respect to hours, but shall still require a four (4) floor minimum. Notwithstanding anything to the contrary contained herein, Tenant shall be entitled to receive overtime HVAC without being required to pay any Additional Charges therefor on up to twelve (12) occasions (each such occasion being of a duration of four (4) hours and applying with respect to four (4) floors in the Premises) during each calendar year to occur during the term of this Lease (prorated on the basis of one (1) such occasion per month with respect to any partial calendar year to occur during the term of this Lease). Each such four (4) continuous hour period is

  • Services and Facilities The Procuring Entity shall make available to the Service Provider the Services and Facilities listed under Appendix F.

  • Office Equipment The Client must not install any cabling, IT or telecom connections without the Provider’s consent, which the Provider may refuse at its absolute discretion.

  • Customer Equipment Customer represents and warrants that it owns or has the legal right and authority, and will continue to own or maintain the legal right and authority during the term of this Agreement, to place and use the Customer Equipment as contemplated by this Agreement. Customer further represents and warrants that its placement, arrangement, and use of the Customer Equipment in the Internet Data Centers complies with the Customer Equipment Manufacturer's environmental and other specifications.

  • 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.

  • Office Space, Equipment and Facilities Provide such office space, office equipment and office facilities as are adequate to fulfill the Adviser’s obligations hereunder.

  • Personnel Equipment and Material Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the reasonable opinion of County, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the Project when so instructed by County. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than County. Engineer may not change the Project Manager without prior written consent of County.

  • Equipment and Facilities For On-Site Courses, you will supply the facility and equipment as set forth at xxx.xxxxxx.xxx/xxxxxxxx/xxxxxxxxx/xxxxxxxxxxxx.xxxx. If Red Hat agrees to provide the training facilities and hardware, you will be liable for any loss or destruction of this equipment and hardware used in connection with the Training.

  • Furniture and Equipment and Certain Other Equipment The Receiver hereby grants to the Assuming Bank an option to purchase all Furniture and Equipment or any telecommunications, data processing equipment (including hardware and software) and check processing and similar operating equipment owned by the Failed Bank at Fair Market Value and located at any leased Bank Premises that the Assuming Bank elects to vacate or which it could have, but did not occupy, pursuant to this Section 4.6; provided, that, the Assuming Bank shall give the Receiver notice of its election to purchase such property at the time it gives notice of its intention to vacate such Bank Premises or within ten (10) days after Bank Closing for Bank Premises it could have, but did not, occupy.

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