USE AND MAINTENANCE. Lessee will use the Equipment with due care and only for the purpose for which it is intended. Lessee will, by qualified personnel, use, maintain, repair, modify (to the extent permitted or required herein) in accordance with prudent practices (but in no event less than the same extent to which Lessee maintains other similar equipment owned or leased by it) and for the purpose for which such Equipment was designed, in compliance with insurance policies, manufacturer's specified maintenance programs, warranties and applicable laws, and shall keep the Equipment in as good repair, condition, appearance and good operating order as when originally received by Lessee, ordinary wear and tear excepted, and will furnish all required labor, repairs, replacements and parts of the Equipment as may from time to time become worn out, lost, stolen, destroyed or damaged or unfit for use, all at its sole expense. Lessee shall enter into and maintain in force, for the term of each Lease (after the expiration of any applicable manufacturer’s warranty), a maintenance contract with the manufacturer of the Equipment or with a service organization satisfactory to Lessor and provide Lessor with a copy of such contract and all supplements thereto upon Lessor’s request. Lessee shall take all actions necessary to cause the Equipment to remain eligible for any maintenance program of the manufacturer, including the purchase of all replacements, upgrades and enhancements relating to the Equipment and the software used on, embedded in or with the Equipment, that are required by the manufacturer for such eligibility. Lessee shall, at its expense, make all modifications and improvements to the Equipment required by law. Lessee may, at its sole cost and expense, make any modifications to the Equipment, provided that such modifications (a) are readily removable without causing damage to the Equipment, (b) do not reduce the value, utility, marketability or remaining useful life of the Equipment, and (c) are of a kind that customarily are made by lessees or purchasers of equipment similar to the Equipment. All parts, alterations, additions, attachments, upgrades, modifications and improvements to the Equipment (or any component thereof) shall, when installed or made, automatically and immediately become the property of Lessor and part of the Equipment for all purposes; provided, that any modification not required by law shall if requested by Lessor be removed by Lessee and any damage to the Equipment resulting from such removal and the cost thereof shall be borne by the Lessee and repaired prior to the return of the Equipment to the Lessor. The Equipment shall not be used outside of the United States without Lessor's prior written consent.
Appears in 2 contracts
Samples: Master Lease (Cyan Inc), Master Equipment Lease Commitment Agreement (Cyan Inc)
USE AND MAINTENANCE. (i) Lessee will use shall cause the Equipment with due care and to be used only for in the purpose manner for which it is intendedwas designed and intended and so as to subject it only to ordinary wear and tear. Lessee willshall not modify any unit of Equipment without the prior written approval of Lessor, except as provided in (ii) and (iii) below or as may be authorized by qualified personnelany sublease or User Lease as permitted under Section 14 hereof. Notwithstanding the preceding, useLessee may add, maintaindelete or substitute features or options on any unit of the Equipment provided none thereof decrease the value of the Equipment, in any way damage or injure the Equipment, interfere with the normal or satisfactory operation or maintenance of the Equipment or create a safety hazard, and, provided further, that at or following the expiration of the term hereof, Lessee shall, at its expense, remove such additions or alterations promptly on demand of Lessor, and, forthwith upon such removal, restore the Equipment to its original condition, less ordinary wear and tear. In the event that at the expiration of the term of the Lease for any item of Equipment, such item has been upgraded by additions, and/or replacements such that the item's value has been increased over that which it would be absent such upgrades, then Lessee, in lieu of removing such upgrades, may leave same attached to the subject item and Lessor and Lessee agree to permit the item and such upgrades to be remarketed as a single unit, with any proceeds from such remarketing being distributed to Lessor and Lessee based upon the respective then fair market values (as defined in Section 23(h) hereof).
(ii) Lessee may acquire and install, at Lessee's expense, such additional features or options (including memory) as may be available from time- to-time. Such additional features or options shall be removed by Lessee before the Equipment is returned to Lessor and Lessee shall repair all damages to the Equipment resulting from such installation and removal; provided, however, that Lessee shall not be required to remove additional features or options if Lessee complies with the procedures set forth in (i) above.
(iii) Lessee shall, at Lessor's expense, make any modifications and acquire any additional features requested in writing by Lessor.
(iv) Lessee shall cause all units of Equipment under lease to User Lessees to be maintained in good operating condition and repair, modify (and will cause all necessary adjustments and repairs to be made to the extent permitted or required herein) Equipment. Lessee is hereby authorized to provide directions with respect to such maintenance, adjustments and repairs, and such maintenance shall be subject to the reasonable safety and security regulations of Lessee and any User Lessee. Charges for maintenance, installation and dismantling of the Equipment shall be borne by Lessee, and Lessee agrees promptly to reimburse Lessor for any amount thereof paid by Lessor. All Equipment shall be installed and operated as specified in accordance with prudent practices (but the Manufacturer's installation manual and in no event less than places meeting at all times the same extent to which standards established by Lessee maintains other for location and operation of similar equipment owned or leased by it. All units not leased to User Lessees shall be properly maintained to prevent deterioration or other damage.
(v) and for Notwithstanding anything contained herein to the purpose for which such Equipment was designedcontrary, in compliance with insurance policies, manufacturer's specified maintenance programs, warranties and applicable laws, and shall keep the Equipment in as good repair, condition, appearance and good operating order as when originally received any improvements or additions that are made by Lessee, ordinary wear and tear excepted, and will furnish all required labor, repairs, replacements and parts of the Equipment as may from time to time become worn out, lost, stolen, destroyed or damaged or unfit for use, all at its sole expense. Lessee shall enter into be owned by Lessee provided that such improvements and maintain in force, for the term of each Lease (after the expiration of any applicable manufacturer’s warranty), a maintenance contract with the manufacturer of the Equipment or with a service organization satisfactory to Lessor and provide Lessor with a copy of such contract and all supplements thereto upon Lessor’s request. Lessee additions shall take all actions necessary to cause the Equipment to remain eligible for any maintenance program of the manufacturer, including the purchase of all replacements, upgrades and enhancements relating be readily removable without causing material damage to the Equipment and the software used on, embedded in any damage so caused is repaired or Lessee complies with the Equipment, that are required procedures set forth in (i) above; but ordinary maintenance and repairs performed by the manufacturer for such eligibility. Lessee shall, at its expense, make all modifications and improvements will not constitute an improvement or addition to the Equipment required by law. Lessee may, at its sole cost and expense, make any modifications to within the Equipment, provided that such modifications (a) are readily removable without causing damage to the Equipment, (b) do not reduce the value, utility, marketability or remaining useful life of the Equipment, and (c) are of a kind that customarily are made by lessees or purchasers of equipment similar to the Equipment. All parts, alterations, additions, attachments, upgrades, modifications and improvements to the Equipment (or any component thereof) shall, when installed or made, automatically and immediately become the property of Lessor and part of the Equipment for all purposes; provided, that any modification not required by law shall if requested by Lessor be removed by Lessee and any damage to the Equipment resulting from such removal and the cost thereof shall be borne by the Lessee and repaired prior to the return of the Equipment to the Lessor. The Equipment shall not be used outside of the United States without Lessor's prior written consentmeaning hereof.
Appears in 2 contracts
Samples: Master Lease Agreement (Reading Entertainment Inc), Master Lease Agreement (Craig Corp)
USE AND MAINTENANCE. Lessee will (A) Landlord hereby represents and warrants to Tenant that to its knowledge, the Equipment is (i) in operating condition, order and repair, subject to ordinary wear and tear, and has been maintained in accordance with reasonable business practices, consistently applied and in accordance with the terms of all warranties and guarantees, (ii) capable of being used in the business as presently being conducted without present need for repair or replacement except in the ordinary course of the business, (iii) conforms in all material respects with all applicable legal requirements, and (iv) in the aggregate provides the capacity to enable Landlord to engage in commercial operation in the business on a continuous basis (subject to normal maintenance and repair outages in the ordinary course).
(B) During the term of this Lease, Tenant shall use the Equipment with due care in the conduct of Tenant's business and only for the purpose for which it is intended. Lessee will, by qualified personnel, use, maintain, repair, modify (to the extent permitted or required herein) in accordance with prudent practices (but in no event less than the same extent to which Lessee maintains other similar equipment owned or leased by it) and for the purpose for which such Equipment was designed, in compliance with insurance policiesall Applicable Laws.
(C) Subject to the provisions of subparagraph (D) below Tenant, manufacturer's specified maintenance programsat its expense, warranties will repair and applicable laws, and shall keep maintain the Equipment in as good repair, condition, appearance and good operating order as when originally the condition received by Lesseefrom Landlord, ordinary wear and tear and damage by casualty and condemnation excepted, and will furnish all required labor, repairs, replacements and parts of .
(D) In the Equipment as may from time to time become worn out, lost, stolen, destroyed or damaged or unfit for use, all at its sole expense. Lessee shall enter into and maintain in force, for event that during the term of each this Lease (after the expiration of any applicable manufacturer’s warranty), a maintenance contract with the manufacturer of the Equipment or with a service organization satisfactory to Lessor and provide Lessor with a copy of such contract and all supplements thereto upon Lessor’s request. Lessee shall take all actions necessary to cause the Equipment to remain eligible for any maintenance program of the manufacturer, including the purchase of all replacements, upgrades and enhancements relating to the Equipment and the software used on, embedded in or with the Equipment, that are required by the manufacturer or any portion thereof, shall become obsolete, inoperable, unusable, unfit for such eligibility. Lessee shalluse or out of repair, at its expense, make all modifications and improvements or should Tenant otherwise desire to the Equipment required by law. Lessee may, at its sole cost and expense, make replace any modifications to the Equipment, provided that such modifications (a) are readily removable without causing damage to the Equipment, (b) do not reduce the value, utility, marketability or remaining useful life portion of the Equipment, Tenant may do so and Tenant shall be free to dispose of such Equipment as Tenant chooses without any obligation or liability to account to Landlord thereforefor providing notice thereof to Landlord and except as provided in subsection (cE) are below. In the event Tenant elects to replace any Equipment or in any event install other items of a kind that customarily are made by lessees personal property on or purchasers about the Real Property for use in connection with Tenant's business thereon (the "Tenant's Equipment"), Landlord, within five (5) days of equipment similar the request therefor from Tenant, will execute such affidavits, confirmations, agreements, financing statements or other documents to disclaim any ownership or security interest in Tenant's Equipment. Should Landlord fail or refuse to execute any such confirmation, affidavit, agreement, financing statement or document with respect to the Tenant's Equipment. All parts, alterationsfollowing the request by Tenant, additionsTenant is hereby appointed attorney in fact, attachmentsand granted the power of attorney for Landlord, upgrades, modifications and improvements to for the Equipment purpose of executing the same.
(or any component thereofE) shall, when installed or made, automatically and immediately become Upon the property of Lessor and part expiration of the Equipment for Initial Term and all purposes; providedapplicable Renewal Terms of this Lease, that any modification and provided the Option (as defined in Section 21 hereof) has not required by law been executed, Tenant shall if requested by Lessor be removed by Lessee relinquish to Landlord at the Premises the right to possession and any damage to the Equipment resulting from such removal and the cost thereof shall be borne by the Lessee and repaired prior to the return use of the remaining Equipment originally leased hereunder from Landlord to Tenant, plus any replacement equipment installed and owned by Tenant, such remaining Equipment to then be in substantially the Lessor. The Equipment shall not be used outside same condition as of the United States without Lessor's prior written consentEffective Date, ordinary wear, tear and obsolescence and damage by casualty and condemnation excepted, and Tenant shall leave the Premises as a completely operational facility; provided that Tenant shall have the right to remove any Equipment bearing its marks so long as such items are replaced by Tenant so that the Premises remain operational.
Appears in 2 contracts
Samples: Lease Agreement (Petro Stopping Centers Holdings Lp), Lease Agreement (Petro Stopping Centers L P)
USE AND MAINTENANCE. (a) During the term of this Lease, Lessee will shall use the Equipment with due care in the conduct of Lessee's business and only for the purpose for which it is intended. Lessee will, by qualified personnel, use, maintain, repair, modify (to the extent permitted or required herein) in accordance with prudent practices (but in no event less than the same extent to which Lessee maintains other similar equipment owned or leased by it) and for the purpose for which such Equipment was designed, in compliance with insurance policiesall Applicable Laws.
(b) Subject to the provisions of subparagraph (d) below Lessee, manufacturer's specified maintenance programsat its expense, warranties will repair and applicable laws, and shall keep maintain the Equipment in as good repair, condition, appearance and good operating order as when originally the condition received by Lesseefrom Lessor, ordinary wear and tear and damage by casualty and condemnation excepted.
(c) Lessor shall have the right at all reasonable times, subject to providing reasonable prior written notice to Lessee, to inspect the Equipment.
(d) In the event that during the term of this Lease the Equipment, or any portion thereof, shall become obsolete, inoperable, unusable, unfit for use or out of repair, and will furnish all required laborthe repair in the opinion of Lessee is not consistent with the best interest of Lessee's business, repairs, replacements and parts Lessee may relinquish such portion of the Equipment as may from time to time become worn outLessor, lost, stolen, destroyed or damaged or unfit for use, all making the same available to Lessor at its sole expensethe Real Property. In such event Lessee shall enter into and maintain in force, for the term give Lessor written notice of each Lease (after the expiration of any applicable manufacturer’s warranty), a maintenance contract with the manufacturer its intention to replace such portion of the Equipment or with and thereafter Lessor shall have a service organization satisfactory period of fifteen (15) days within which to Lessor and provide Lessor with a copy of such contract and all supplements thereto upon Lessor’s request. Lessee shall take all actions necessary to cause remove the Equipment to remain eligible for any maintenance program of same from the manufacturer, including the purchase of all replacements, upgrades and enhancements relating to the Equipment and the software used on, embedded in or with the Equipment, that are required by the manufacturer for such eligibility. Lessee shall, at its expense, make all modifications and improvements to the Equipment required by law. Lessee mayReal Property, at its sole cost and expense, make any modifications . In the event Lessor fails to the Equipment, provided that such modifications (a) are readily removable without causing damage to the Equipment, (b) do not reduce the value, utility, marketability or remaining useful life of the Equipment, reclaim and (c) are of a kind that customarily are made by lessees or purchasers of equipment similar to the Equipment. All parts, alterations, additions, attachments, upgrades, modifications and improvements to remove the Equipment within such fifteen (15) day period, Lessor shall be deemed to have abandoned the same and thereafter Lessee shall be free to dispose of such Equipment as Lessee chooses without any obligation or any component thereof) shall, when installed or made, automatically and immediately become liability to account to Lessor therefore. In the property of Lessor and part event Lessee elects to replace such portion of the Equipment or in any event install other items of personal property on or about the Real Property for all purposes; provideduse in connection with Lessee's business thereon (the "Lessee's Equipment"), that Lessor, within five (5) days of the request therefor from Lessee, will execute such affidavits, confirmations, agreements, financing statements or other documents to disclaim any modification not required by law shall if requested by ownership or security interest in Lessee's Equipment. Should Lessor be removed by Lessee and fail or refuse to execute any damage such confirmation, affidavit, agreement, financing statement or document with respect to the Equipment resulting from such removal Lessee's Equipment, following the request by Lessee, Lessee is hereby appointed attorney in fact, and granted the cost thereof shall be borne by power of attorney for Lessor, for the purpose of executing the same.
(e) Upon the expiration of the Initial Term and all applicable Renewal Terms of this Lease, Lessee and repaired prior shall, subject to the return provisions of subparagraph (d) above, relinquish to Lessor the right to possession and use of the remaining Equipment originally leased hereunder from to Lessor to Lessee, leaving the same accessible to Lessor at the Real Property, such remaining Equipment to then be in substantially the Lessor. The Equipment shall not be used outside same condition as of the United States without LessorEffective Date, ordinary wear, tear and obsolescence and damage by casualty and condemnation excepted. At any time during the term of this Lease, and upon the expiration of the Initial Term and all applicable Renewal Terms of this Lease, Lessee shall have the full right and power to remove any of Lessee's prior written consentEquipment from the Real Property.
Appears in 2 contracts
Samples: Equipment Lease (Petro Stopping Centers L P), Equipment Lease (Petro Stopping Centers Holdings Lp)
USE AND MAINTENANCE. Lessee will (A) Landlord hereby represents and warrants to Tenant that as of the Commencement Date, the Equipment is (i) in operating condition, order and repair, subject to ordinary wear and tear, and have been maintained in accordance with reasonable business practices, consistently applied and in accordance with the terms of all warranties and guarantees, (ii) capable of being used in the business as presently being conducted without present need for repair or replacement except in the ordinary course of the business, (iii) conforms, to the best knowledge of Landlord, in all material respects with all applicable legal requirements, and (iv) in the aggregate provides the capacity to enable Landlord to engage in commercial operation in the business on a continuous basis (subject to normal maintenance and repair outages in the ordinary course). Landlord further warrants and represents that all manufacturer's, vendor's, or dealer's warranties and guarantees applicable to the Equipment are described on Exhibit B-1 attached hereto and made a part hereof (the "Warranties") and that all such Warranties are in full force and effect as of the Effective Date of this Lease.
(B) During the term of this Lease, Tenant shall use the Equipment with due care in the conduct of Tenant's business and only for the purpose for which it is intended. Lessee will, by qualified personnel, use, maintain, repair, modify (to the extent permitted or required herein) in accordance with prudent practices (but in no event less than the same extent to which Lessee maintains other similar equipment owned or leased by it) and for the purpose for which such Equipment was designed, in compliance with insurance policiesall Applicable Laws.
(C) Subject to the provisions of subparagraph (D) below Tenant, manufacturer's specified maintenance programsat its expense, warranties will repair and applicable laws, and shall keep maintain the Equipment in as good repair, condition, appearance and good operating order as when originally the condition received by Lesseefrom Landlord, ordinary wear and tear and damage by casualty and condemnation excepted.
(D) In the event that during the term of this Lease the Equipment, and will furnish all required laboror any portion thereof, repairsshall become obsolete, replacements and parts inoperable, unusable, unfit for use or out of repair, or should Tenant otherwise desire to replace any portion of the Equipment, Tenant may relinquish such portion of the Equipment as may from time to time become worn outLandlord, lost, stolen, destroyed or damaged or unfit for use, all making the same available to Landlord at the Real Property. In such event Tenant shall give Landlord written notice of its sole expense. Lessee shall enter into and maintain in force, for the term of each Lease (after the expiration of any applicable manufacturer’s warranty), a maintenance contract with the manufacturer intention to replace such portion of the Equipment or with and thereafter Landlord shall have a service organization satisfactory period of fifteen (15) days within which to Lessor and provide Lessor with a copy of such contract and all supplements thereto upon Lessor’s request. Lessee shall take all actions necessary to cause remove the Equipment to remain eligible for any maintenance program of same from the manufacturer, including the purchase of all replacements, upgrades and enhancements relating to the Equipment and the software used on, embedded in or with the Equipment, that are required by the manufacturer for such eligibility. Lessee shall, at its expense, make all modifications and improvements to the Equipment required by law. Lessee mayReal Property, at its sole cost and expense. In the event Landlord fails to reclaim and remove the Equipment within such fifteen (15) day period, make Landlord shall be deemed to have abandoned the same and thereafter Tenant shall be free to dispose of such Equipment as Tenant chooses without any modifications obligation or liability to account to Landlord therefore, except as provided in subsection (E) below. In the event Tenant elects to replace any Equipment or in any event install other items of personal property on or about the Real Property for use in connection with Tenant's business thereon (the "Tenant's Equipment"), Landlord, within five (5) days of the request therefor from Tenant, will execute such affidavits, confirmations, agreements, financing statements or other documents to disclaim any ownership or security interest in Tenant's Equipment. Should Landlord fail or refuse to execute any such confirmation, affidavit, agreement, financing statement or document with respect to the Tenant's Equipment, following the request by Tenant, Tenant is hereby appointed attorney in fact, and granted the power of attorney for Landlord, for the purpose of executing the same.
(E) Upon the expiration of the Initial Term and all applicable Renewal Terms of this Lease, and provided the Option (as defined in Section 20 hereof) has not been executed, Tenant shall relinquish to Landlord at the Premises the right to possession and use of the remaining Equipment originally leased hereunder from to Landlord to Tenant, plus any replacement equipment installed by Tenant, such remaining Equipment to then be in substantially the same condition as of the Effective Date, ordinary wear, tear and obsolescence and damage by casualty and condemnation excepted, and Tenant shall leave the Premises as a completely operational facility; provided that Tenant shall have the right to remove any Equipment bearing its marks so long as such modifications (a) items are readily removable without causing damage to replaced by Tenant so that the Equipment, (b) do not reduce the value, utility, marketability or remaining useful life of the Equipment, and (c) are of a kind that customarily are made by lessees or purchasers of equipment similar to the Equipment. All parts, alterations, additions, attachments, upgrades, modifications and improvements to the Equipment (or any component thereof) shall, when installed or made, automatically and immediately become the property of Lessor and part of the Equipment for all purposes; provided, that any modification not required by law shall if requested by Lessor be removed by Lessee and any damage to the Equipment resulting from such removal and the cost thereof shall be borne by the Lessee and repaired prior to the return of the Equipment to the Lessor. The Equipment shall not be used outside of the United States without Lessor's prior written consentPremises remain operational.
Appears in 2 contracts
Samples: Lease Agreement (Petro Stopping Centers L P), Lease Agreement (Petro Stopping Centers Holdings Lp)
USE AND MAINTENANCE. Lessee will (A) Tenant acknowledges and agrees that Tenant has inspected the Equipment and as a result of such inspection, Tenant acknowledges that the same (i) is in operating condition, order and repair in accordance with reasonable business practices, consistently applied and in accordance with the terms of all warranties and guarantees, (ii) is capable of being used in the Business without present need for repair or replacement, (iii) conforms in all material respects with all applicable legal requirements, and (iv) in the aggregate provides the capacity to enable Tenant to engage in commercial operation of the Business on a continuous basis (subject to normal maintenance and repair outages in the ordinary course).
(B) During the Term of this Lease, Tenant shall use the Equipment with due care in the conduct of the Business and only for the purpose for which it is intended. Lessee will, by qualified personnel, use, maintain, repair, modify (to the extent permitted or required herein) in accordance with prudent practices (but in no event less than the same extent to which Lessee maintains other similar equipment owned or leased by it) and for the purpose for which such Equipment was designed, in compliance with insurance policies, manufacturer's specified maintenance programs, warranties and all applicable laws.
(C) Subject to the provisions of subparagraph (D) below Tenant, at its expense, will repair and shall keep maintain the Equipment in as good repair, condition, appearance and good operating order as when originally received by Lessee, ordinary wear and tear and damage by casualty and condemnation excepted, and will furnish all required labor, repairs, replacements and parts of the Equipment as may from time . Landlord shall make available to time become worn out, lost, stolen, destroyed or damaged or unfit for use, all at its sole expense. Lessee shall enter into and maintain in force, for the term of each Lease (after the expiration of Tenant any applicable manufacturer’s warranty), a maintenance contract with the manufacturer of the Equipment or with a service organization satisfactory to Lessor and provide Lessor with a copy of such contract and all supplements thereto upon Lessor’s request. Lessee shall take all actions necessary to cause the Equipment to remain eligible for any maintenance program of the manufacturer, including the purchase of all replacements, upgrades and enhancements warranties relating to the Equipment and Landlord shall reasonably cooperate with Tenant to assure that any warranty claims are timely and adequately made with respect to the software used on, embedded in or with repair and maintenance of the Equipment.
(D) In the event that during the Term of this Lease the Equipment, that are required by the manufacturer or any portion thereof, shall become obsolete, inoperable, unusable, unfit for such eligibility. Lessee shalluse or out of repair, at its expense, make all modifications and improvements or should Tenant otherwise desire to the Equipment required by law. Lessee may, at its sole cost and expense, make replace any modifications to the Equipment, provided that such modifications (a) are readily removable without causing damage to the Equipment, (b) do not reduce the value, utility, marketability or remaining useful life portion of the Equipment, Tenant shall do so such that at all times during the Term of this Lease the quantity and (c) are of a kind that customarily are made by lessees or purchasers of equipment similar to the Equipment. All parts, alterations, additions, attachments, upgrades, modifications and improvements to the Equipment (or any component thereof) shall, when installed or made, automatically and immediately become the property of Lessor and part quality of the Equipment shall be sufficient for all purposes; providedoperation of the Business substantially as operated on the Commencement Date. Any such Equipment as described in the preceding sentence shall be referred to as the “Replacement Equipment.” Provided Tenant replaces such Equipment with Replacement Equipment of at least equal value and of equal usefulness in the operation of the Business and the Premises, that any modification not required by law shall if requested by Lessor be removed by Lessee and any damage subject to the Equipment resulting from such removal and the cost thereof provisions in Section (E) hereof, Tenant shall be borne free to dispose of such Equipment as Tenant chooses.
(E) Upon the expiration of the Initial Term and all applicable Renewal Terms of this Lease, and provided the Option to Purchase (as defined in Section 21 hereof) has not been exercised, Tenant shall relinquish or convey, as applicable, to Landlord at the Premises the right to possession and use of the remaining Equipment originally leased hereunder from Landlord to Tenant, plus any Replacement Equipment installed by Tenant, such remaining Equipment and Replacement Equipment to then be in workable condition, ordinary wear, tear and obsolescence and damage by casualty and condemnation excepted, and Tenant shall leave the Lessee Premises as an operational facility; provided that: (i)Tenant shall have the right to remove any Equipment bearing its trade or service marks (the “Marks”) so long as such items are replaced by Tenant with similar items of Equipment of at least equal value and repaired prior of equal usefulness in the operation of the Business and so that the Premises remain operational, substantially as operated as of the termination date; and (ii) Tenant shall have the right to the return remove all of its own equipment and inventory. Upon termination of this Lease Landlord and Tenant shall conduct an inventory of the Equipment to and the Lessor. The parties shall make a good faith reasonable adjustment for any discrepancies between the Equipment shall not be used outside as described on Exhibit B and such final inventory, with Tenant compensating Landlord for the cost of the United States without Lessor's prior written consentreplacing any missing or damaged items with items of comparable condition.
Appears in 1 contract
USE AND MAINTENANCE. Lessee (A) Tenant acknowledges and agrees that Tenant has, or upon the Commencement Date, will have, inspected the Equipment and as a result of such inspection, Tenant acknowledges that the same (i) is in operating condition, order and repair in accordance with reasonable business practices, consistently applied and in accordance with the terms of all warranties and guarantees, (ii) is capable of being used in the Tenant’s business without present need for repair or replacement, (iii) conforms in all material respects with all applicable legal requirements, (iv) conforms with the requirements of the Construction Contract, and (v) in the aggregate provides the capacity to enable Tenant to engage in commercial operation in the Tenant’s business on a continuous basis (subject to normal maintenance and repair outages in the ordinary course).
(B) During the Term of this Lease, Tenant shall use the Equipment with due care in the conduct of Tenant’s business and only for the purpose for which it is intended. Lessee will, by qualified personnel, use, maintain, repair, modify (to the extent permitted or required herein) in accordance with prudent practices (but in no event less than the same extent to which Lessee maintains other similar equipment owned or leased by it) and for the purpose for which such Equipment was designed, in compliance with insurance policies, manufacturer's specified maintenance programs, warranties and all applicable laws.
(C) Subject to the provisions of subparagraph (D) below Tenant, at its expense, will repair and shall keep maintain the Equipment in as good repair, condition, appearance and good operating order as when originally received by Lessee, ordinary wear and tear and damage by casualty and condemnation excepted, and will furnish all required labor, repairs, replacements and parts of the Equipment as may from time . Landlord shall make available to time become worn out, lost, stolen, destroyed or damaged or unfit for use, all at its sole expense. Lessee shall enter into and maintain in force, for the term of each Lease (after the expiration of Tenant any applicable manufacturer’s warranty), a maintenance contract with the manufacturer of the Equipment or with a service organization satisfactory to Lessor and provide Lessor with a copy of such contract and all supplements thereto upon Lessor’s request. Lessee shall take all actions necessary to cause the Equipment to remain eligible for any maintenance program of the manufacturer, including the purchase of all replacements, upgrades and enhancements warranties relating to the Equipment and Landlord shall reasonably cooperate with Tenant to assure that any warranty claims are timely and adequately made with respect to the software used on, embedded in or with repair and maintenance of the Equipment.
(D) In the event that during the Term of this Lease the Equipment, that are required by the manufacturer or any portion thereof, shall become obsolete, inoperable, unusable, unfit for such eligibility. Lessee shalluse or out of repair, at its expense, make all modifications and improvements or should Tenant otherwise desire to the Equipment required by law. Lessee may, at its sole cost and expense, make replace any modifications to the Equipment, provided that such modifications (a) are readily removable without causing damage to the Equipment, (b) do not reduce the value, utility, marketability or remaining useful life portion of the Equipment, Tenant shall do so such that at all times during the Term of this Lease the quantity and quality of the Equipment shall be sufficient for operation of the Tenant’s business substantially as operated on the Commencement Date. Any such Equipment as described in the preceding sentence shall be referred to as the “Replacement Equipment”. Except for the notice hereinafter provided, and provided Tenant replaces such Equipment with Replacement Equipment of at least equal value and of equal usefulness in the operation of the Business and the Premises, subject to the provisions in Section (E) hereof, Tenant shall be free to dispose of such Equipment as Tenant chooses.
(E) Upon the expiration of the Initial Term and all applicable Renewal Terms of this Lease, and provided the Option to Purchase (as defined in Section 21 hereof) has not been exercised, Tenant shall relinquish or convey, as applicable to Landlord at the Premises the right to possession and use of the remaining Equipment originally leased hereunder from Landlord to Tenant, plus any Replacement Equipment installed by Tenant, such remaining Equipment and Replacement Equipment to then be in workable condition, ordinary wear, tear and obsolescence and damage by casualty (but only to the extent Landlord receives insurance proceeds therefor) and condemnation excepted, and Tenant shall leave the Premises as an operational facility; provided that: (i)Tenant shall have the right to remove any Equipment bearing its trade or service marks (the “Marks”) so long as such items are replaced by Tenant so that the Premises remain operational, substantially as operated as of the termination date; and (cii) are Tenant shall have the right to remove all of its Tenant’s Equipment and, without any obligation whatsoever to replace any such items of Tenant’s Equipment in or on the Premises. Upon termination of this Lease, Landlord and Tenant shall conduct an inventory of the Equipment and the parties shall make a kind that customarily are made by lessees or purchasers of equipment similar good faith reasonable adjustment for any discrepancies between the Equipment as described on Schedule 1 to the Equipment. All partsFirst Addendum and such final inventory, alterations, additions, attachments, upgrades, modifications and improvements to with Tenant compensating Landlord for the Equipment cost of replacing any missing or damaged items with items of comparable condition.
(or any component thereofF) shall, when installed or made, automatically and immediately become the property of Lessor and The Tenant Property is not part of the Equipment for all purposes; providedsubject to this Lease Agreement and Landlord shall have no obligation or duty with regards thereto, that any modification not required by law and shall if requested by Lessor be removed by Lessee and any damage to the Equipment resulting from such removal and the cost thereof shall be borne by the Lessee and repaired prior to the return of the Equipment to the Lessor. The Equipment shall not be used outside of the United States without Lessor's prior written consenthave no ownership right or interest therein.
Appears in 1 contract
USE AND MAINTENANCE. Lessee will use Prime Lessee/Sublessor shall at its sole ------------------- expense at all times during the Equipment with due care and only for term hereof maintain the purpose for which it is intended. Lessee will, by qualified personnel, use, maintainLeased Systems in good operating order, repair, modify (to the extent permitted or required herein) condition and appearance in accordance with prudent practices (but in no event less the operation and technical manuals provided by Prime Lessee/Sublessor to its Centers and Associated Centers. Prime Lessee/Sublessor shall protect the Leased Systems from deterioration, other than normal wear and tear. Prime Lessee/Sublessor shall not use the same extent to which Lessee maintains Leased Systems for any purpose other similar equipment owned or leased by it) and for the purpose than that for which such Equipment was designed, in compliance with insurance policies, manufacturer's specified maintenance programs, warranties and applicable laws, they were designed and shall keep not perform, or permit the Equipment performance of, any dental procedure or indication for which Prime Lessee/Sublessor shall not have received all necessary approvals or otherwise in as good repair, condition, appearance and good operating order as when originally received by Lessee, ordinary wear and tear excepted, and will furnish all required labor, repairs, replacements and parts of the Equipment as may from time to time become worn out, lost, stolen, destroyed or damaged or unfit for use, all at its sole expense. Lessee shall enter into and maintain in force, for the term of each Lease (after the expiration violation of any applicable manufacturer’s warranty)policy or procedure imposed by Prime Lessee/Sublessor on its Centers and Associated Centers. Without the prior written consent of EVL, a maintenance contract with the manufacturer Leased Systems shall be used by Prime Lessee/Sublessor only in the United States and only in the ordinary conduct of the Equipment or with a service organization satisfactory to Lessor its business. Prime Lessee/Sublessor shall make all adjustments, repairs and provide Lessor with a copy of such contract and all supplements thereto upon Lessor’s request. Lessee shall take all actions necessary to cause the Equipment to remain eligible for any maintenance program of the manufacturer, including the purchase of all replacements, upgrades and enhancements relating replacements to the Equipment and the software used on, embedded in or with the Equipment, that Leased Systems which are required in order to comply with Prime Lessee/Sublessor's operating manuals or which Prime Lessee/Sublessor otherwise makes to BriteSmile Systems owned by the manufacturer for such eligibilityit and licensed to its Centers and Associated Centers and/or which are required in order to comply with applicable law. Lessee shallAny alteration, at its expenseaddition, make all modifications and improvements improvement, adjustment, repairs or replacements to the Equipment required by law. Lessee may, at its sole cost and expense, make any modifications to the Equipment, provided that such modifications (a) are readily removable Leased Systems shall without causing damage to the Equipment, (b) do not reduce the value, utility, marketability or remaining useful life of the Equipment, and (c) are of a kind that customarily are made by lessees or purchasers of equipment similar to the Equipment. All parts, alterations, additions, attachments, upgrades, modifications and improvements to the Equipment (or any component thereof) shall, when installed or made, automatically and immediately further action become the property of Lessor EVL, free and part clear of any lien, charge or other encumbrance. Prime Lessee/Sublessor will not, without the prior written consent of EVL, affix or permit the affixation of the Equipment for Leased Systems to any real property if, as a result thereof, the Leased Systems will become a fixture under applicable law. Prime Lessee/Sublessor acknowledges and agrees that EVL shall be entitled to file such financing statements as it deems appropriate to protect its interest in the Leased Systems and agrees to execute and deliver all purposes; provided, that any modification not required by law shall if financing statements and comparable documents reasonably requested by Lessor be removed by Lessee and any damage to the Equipment resulting from EVL for such removal and the cost thereof shall be borne by the Lessee and repaired prior to the return of the Equipment to the Lessor. The Equipment shall not be used outside of the United States without Lessor's prior written consentpurpose.
Appears in 1 contract
Samples: Lease Agreement (Britesmile Inc)
USE AND MAINTENANCE. Lessee shall use the System solely in the conduct of its business and in a careful and proper manner consistent with the requirements of all applicable insurance policies and shall only permit qualified personnel to operate the System. Lessee will use not modify the System in any way without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Lessee shall not attach or incorporate the Equipment with due care to or in any other item of equipment or software in such a manner that the Equipment becomes or may be deemed to have become an accession to or a part of such other item of equipment or software. At its own expense, Lessee will cause the System to be kept, used and maintained as recommended by the Manufacturer and Manufacturer's maintenance manuals and plans by competent and duly qualified personnel only for approved by the purpose for which it is intended. Lessee willManufacturer, by qualified personnel, use, maintain, repair, modify (to the extent permitted or required herein) in accordance with prudent practices (but in no event less than the same extent to which Lessee maintains other similar equipment owned or leased by it) applicable governmental regulations, if any, and for the purpose for which such Equipment was designed, in compliance with insurance policies, manufacturer's specified maintenance programs, warranties business purposes only and applicable laws, and shall keep the Equipment in as good repair, condition, appearance and good operating order condition as when originally received by Lesseedelivered to Lessee hereunder, ordinary wear and tear resulting from proper use alone excepted, and will furnish provide all required labor, repairs, maintenance and service and make all repairs or replacements reasonably necessary for such purpose. Lessee shall record in a log book all maintenance and parts of repair performed on the Equipment as may System and deliver the same to Lessor from time to time as requested by Lessor and upon termination of the Lease. If any parts or accessories forming part of the System become worn out, lost, stolendestroyed, destroyed damaged beyond repair or damaged or otherwise permanently rendered unfit for use, all at its sole expense. Lessee shall enter into and maintain in force, for the term of each Lease (after the expiration of any applicable manufacturer’s warranty), a maintenance contract with the manufacturer of the Equipment or with a service organization satisfactory to Lessor and provide Lessor with a copy of such contract and all supplements thereto upon Lessor’s request. Lessee shall take all actions necessary to cause the Equipment to remain eligible for any maintenance program of the manufacturer, including the purchase of all replacements, upgrades and enhancements relating to the Equipment and the software used on, embedded in or with the Equipment, that are required by the manufacturer for such eligibility. Lessee shallLessee, at its own expense, make shall within a reasonable time cause such parts or accessories to be replaced by replacement parts or accessories which are free and clear of all modifications liens, encumbrances or rights of others and improvements have a utility at least equal to the Equipment required by law. Lessee may, at its sole cost and expense, make any modifications to the Equipment, provided that such modifications (a) are readily removable without causing damage to the Equipment, (b) do not reduce the value, utility, marketability parts or remaining useful life of the Equipment, and (c) are of a kind that customarily are made by lessees or purchasers of equipment similar to the Equipmentaccessories replaced. All partsequipment, alterations, additions, attachmentssoftware accessories, upgrades, modifications parts and improvements replacements for or which are added to or become attached to the Equipment (System, which are essential to the operation of the System or any component which cannot be detached from the System without materially interfering with the operation of the System or adversely affecting the value and utility which the System would have had without the addition thereof) shall, when installed or made, automatically and shall immediately become the property of Lessor Lessor, and part of shall be deemed incorporated in the Equipment for all purposes; provided, that any modification not required by law shall if requested by Lessor be removed by Lessee System and any damage subject to the Equipment resulting from such removal terms of this Agreement and the cost thereof related Lease as if originally leased hereunder. Lessee shall be borne by the Lessee and repaired prior not make any material alterations to the return System without the prior written consent of the Equipment to the Lessor. The Equipment , which consent shall not be used outside unreasonably withheld. Upon reasonable advance notice, Lessor shall have the right to inspect the System, log book and all other maintenance records with respect thereto, if any, at any reasonable time during normal business hours. In the event the Lease Payments include the cost of maintenance and/or service being provided by Vendor and/or Manufacturer, Lessee acknowledges that Lessor is not responsible for providing any required maintenance and/or service for the United States without LessorSystem. Lessee shall make all claims for service and/or maintenance solely to the Vendor and/or Manufacturer and Lessee's prior written consentobligation to make all required Lease Payments shall remain unconditional.
Appears in 1 contract
USE AND MAINTENANCE. Lessee will shall use the Equipment solely in the conduct of its business and in a careful and proper manner consistent with due care the requirements of all applicable insurance policies shall only permit qualified personnel to operate the Equipment and only for shall not discontinue the purpose for which it is intendeduse of the Equipment during the Lease Term. Lessee willwill not modify the Equipment in any way without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Lessee shall not attach or incorporate the Equipment to or in any other item of equipment or software in such a manner that the Equipment becomes or may be deemed to have become an accession to or a part of such other item of equipment or software. At its own expense, Lessee will cause the Equipment to be kept, used and maintained as recommended by Manufacturer and Manufacturer's maintenance manuals and plans by competent and duly qualified personnel, use, maintain, repair, modify (to the extent permitted or required herein) personnel only approved by Manufacturer in accordance with prudent practices (but in no event less than the same extent to which Lessee maintains other similar equipment owned or leased by it) applicable governmental regulations, if any, and for the purpose for which such Equipment was designed, in compliance with insurance policies, manufacturer's specified maintenance programs, warranties business purposes only and applicable laws, and shall keep the Equipment in as good repair, condition, appearance and good operating order condition as when originally received by Lesseedelivered to Lessee hereunder, ordinary wear and tear excepted, resulting from proper use alone excepted and will furnish provide all required labor, repairs, maintenance and service and make all repairs or replacements reasonably necessary for such purpose. Lessee shall record in a log book all maintenance and parts of repair performed on the Equipment as may and deliver the same to Lessor from time to time as requested by Lessor and upon termination of the Lease. If any parts or accessories forming part of the Equipment become worn out, lost, stolendestroyed, destroyed damaged beyond repair or damaged or otherwise permanently rendered unfit for use, all Lessee, at its sole own expense, shall within a reasonable time cause such parts or accessories to be replaced by replacement parts or accessories which are free and clear of all liens, encumbrances or rights of others and have a utility at least equal to the parts or accessories replaced. Lessee shall enter into All equipment, software accessories, upgrades, parts and maintain in forcereplacements for or which are added to or become attached to the Equipment, for which are essential to the term of each Lease (after the expiration of any applicable manufacturer’s warranty), a maintenance contract with the manufacturer operation of the Equipment or with a service organization satisfactory to Lessor and provide Lessor with a copy of such contract and all supplements thereto upon Lessor’s request. Lessee shall take all actions necessary to cause which cannot be detached from the Equipment to remain eligible for any maintenance program without materially interfering with the operation of the manufacturer, including Equipment or adversely affecting the purchase of all replacements, upgrades value and enhancements relating to utility which the Equipment and would have had without the software used onaddition thereof, embedded in or with the Equipment, that are required by the manufacturer for such eligibility. Lessee shall, at its expense, make all modifications and improvements to the Equipment required by law. Lessee may, at its sole cost and expense, make any modifications to the Equipment, provided that such modifications (a) are readily removable without causing damage to the Equipment, (b) do not reduce the value, utility, marketability or remaining useful life of the Equipment, and (c) are of a kind that customarily are made by lessees or purchasers of equipment similar to the Equipment. All parts, alterations, additions, attachments, upgrades, modifications and improvements to the Equipment (or any component thereof) shall, when installed or made, automatically and shall immediately become the property of Lessor Lessor, and part of shall be deemed incorporated in the Equipment for all purposes; provided, that and subject to the items of this Agreement and the related Lease as if originally leased hereunder. Lessee shall not make any modification not required by law shall if requested by Lessor be removed by Lessee and any damage material alterations to the Equipment resulting from such removal and without the cost thereof shall be borne by the Lessee and repaired prior to the return written consent of the Equipment to the Lessor. The Equipment , which consent shall not be used outside unreasonably withheld. Upon reasonable advance notice, Lessor shall have the right to inspect the Equipment, log book and all other maintenance records with respect thereto, if any, at any reasonable time during normal business hours. In the event the Lease Payments include the cost of maintenance and/or service being provided by Vendor and/or Manufacturer, Lessee acknowledges that Lessor is not responsible for providing any required maintenance and/or service for the United States without LessorEquipment. Lessee shall make all claims for service and/or maintenance solely to Vendor and/or Manufacturer and Lessee's prior written consentobligation to make all required Lease Payments shall remain unconditional.
Appears in 1 contract
USE AND MAINTENANCE. Lessee will shall use the Equipment solely in the conduct of its business and in a careful and proper manner consistent with due care and only for the purpose for which it is intendedrequirements of all applicable insurance policies relating to the Equipment. Lessee willwill not change the location of any Equipment as specified in the Schedule without the prior written consent of Lessor, by qualified personnelwhich consent shall not be unreasonably withheld. Lessee shall not attach or incorporate the Equipment to or in any other item of Equipment in such a manner that the Equipment becomes or may in Lessor's opinion be deemed to have become an accession to or a part of such other item of equipment. All Equipment shall be continually serviced, usemaintained, maintainrepaired, repair, modify (to the extent permitted or required herein) and improved in accordance with prudent practices (but in no event less than the same extent to which Lessee maintains other similar equipment owned or leased by it) requirements, guidelines and for the purpose for which such Equipment was designed, in compliance with insurance policies, manufacturer's specified maintenance programs, warranties and recommendations of its manufacturer and/or applicable lawsregulatory bodies, and shall keep the Equipment as Lessor may reasonably consider customary and in as good repair, condition, appearance and good operating order as when originally received by Lessee, ordinary wear and tear exceptedaccordance with then current practices of users of similar equipment, and will furnish all required laborin any event sufficient to preserve any applicable warranty. Unless Lessor otherwise agrees in writing, repairsLessee shall, replacements and parts of the Equipment as may from time to time become worn out, lost, stolen, destroyed or damaged or unfit for use, all at its sole expense. Lessee shall , enter into and maintain in force, for the term of each Lease (after the expiration of any applicable manufacturer’s warranty), a maintenance contract with the manufacturer of the Equipment or with a service organization satisfactory such other party as shall be acceptable to Lessor Lessor, and shall provide Lessor with a copy of such contract and all supplements thereto upon Lessor’s request. Lessee shall take all actions necessary to cause the Equipment to remain eligible for any maintenance program of the manufacturer, including the purchase of all replacements, upgrades and enhancements relating to the Equipment and the software used on, embedded in or with the Equipment, that which are required by the manufacturer for such eligibility. Lessee shall, at its expense, make all modifications and improvements to the Equipment required by law. Lessee may, at its sole cost and expense, make any modifications to the Equipment, provided that such modifications (a) are readily removable without causing damage to the Equipment, (b) do not reduce the value, utility, marketability or remaining useful life of the Equipment, and (c) are of a kind that customarily are made by lessees or purchasers of equipment similar applicable to the Equipment. In addition, if any parts or accessories forming part of the Equipment shall from time to time become worn out, lost, destroyed, damaged beyond repair or otherwise permanently rendered unfit for use, Lessee, at its own expense, will within a reasonable time replace such parts or accessories, or cause the same to be replaced, by replacement parts or accessories which are free and clear of all liens, encumbrances or rights of others and have a value and utility at least equal to the parts or accessories replaced. All partsequipment, alterationsaccessories, additions, attachments, upgrades, modifications parts and improvements replacements for or which are added to or become attached to the Equipment (which are essential to the operation of the Equipment or any component which cannot be detached from the Equipment without materially interfering with the operation of the Equipment or adversely affecting the value and utility which the Equipment would have had without the addition thereof) shall, when installed or made, automatically and shall immediately become the property of Lessor Lessor, and part of shall be deemed incorporated in the Equipment for all purposes; provided, that subject to the terms of this Lease as if originally leased thereunder. Lessee shall not make any modification not required by law shall if requested by Lessor be removed by Lessee and any damage material alterations to the Equipment resulting from such removal and without the cost thereof shall be borne by the Lessee and repaired prior to the return written consent of Lessor. Lessor may inspect the Equipment to the Lessor. The Equipment shall not be used outside of the United States without Lessor's prior written consentand all related records at any time.
Appears in 1 contract
USE AND MAINTENANCE. Lessee will use CUSTOMER shall not use, operate, maintain or store the Equipment with due care and only improperly, carelessly, or in violation of any applicable law or regulation or for any purpose other than in the purpose for which it is intendedconduct of CUSTOMER’s business. Lessee willCUSTOMER, by qualified personnelat its own expense, use, maintain, repair, modify (to the extent permitted or required herein) in accordance with prudent practices (but in no event less than the same extent to which Lessee maintains other similar equipment owned or leased by it) and for the purpose for which such Equipment was designed, in compliance with insurance policies, manufacturer's specified maintenance programs, warranties and applicable laws, and shall keep maintain the Equipment in as good repair, condition, appearance and good operating order order, repair and condition and shall perform maintenance at least as when originally received by Lesseefrequently as stated in the applicable operator’s guide, ordinary wear and tear excepted, and will furnish all required labor, repairs, replacements and parts of the Equipment as may from time to time become worn out, lost, stolen, destroyed service manual or damaged or unfit for use, all at its sole expensemaintenance guide. Lessee CUSTOMER shall enter into and maintain in force, for the term of each Lease (after the expiration immediately notify CARRIER of any applicable manufacturer’s warranty), a maintenance contract with the manufacturer of the Equipment known or with a service organization satisfactory to Lessor and provide Lessor with a copy of such contract and all supplements thereto upon Lessor’s request. Lessee shall take all actions necessary to cause the Equipment to remain eligible for any maintenance program of the manufacturer, including the purchase of all replacements, upgrades and enhancements relating to the Equipment and the software used on, embedded in or with the Equipment, that are required by the manufacturer for such eligibility. Lessee shall, at its expense, make all modifications and improvements to the Equipment required by law. Lessee may, at its sole cost and expense, make any modifications to the Equipment, provided that such modifications (a) are readily removable without causing damage to the Equipment, (b) do not reduce the value, utility, marketability or remaining useful life suspected condition of the Equipment, including broken or worn parts, that impairs or may impair the Equipment’s ability to operate in such good order. Unless otherwise agreed in writing, CUSTOMER, at its own expense, shall supply and (c) are install all necessary fluids, fuel, lubricants and anti -freeze protection, as required to operate the Equipment in such good order, repair and condition and shall be responsible for the proper disposal of a kind that customarily are made by lessees or purchasers all such fluids, fuel, lubricants, anti-freeze protection and any other material generated during the term of equipment similar this Agreement. Notwithstanding any provisions contained herein to the Equipment. All parts, alterations, additions, attachments, upgrades, modifications and improvements to contrary: If the Equipment requires maintenance or repair while in CUSTOMER’s possession and
(i) CUSTOMER elects to return the Equipment to CARRIER, CARRIER may provide for the replacement of the Equipment, if available, and CUSTOMER shall be responsible for all applicable transportation costs incurred by CARRIER in providi ng such replacement Equipment; or (ii) CUSTOMER requests that CARRIER perform the required maintenance, CUSTOMER shall be charged travel time, mileage, labor and parts associated with such maintenance provided by CARRIER. CUSTOMER shall not alter the Equipment or affix any component thereof) shallaccessory to it if doing so will impair its originally intended function or use or reduce its value. Any alteration made or accessory affixed shall be the sole responsibility of, when installed or madeand at the sole risk of, automatically and immediately become the property of Lessor and part CUSTOMER. The CUSTOMER shall return the Equipment to its original configured state by reversing any such alteration to and/or removing any such accessory from the Equipment along with cleaning the Equipment prior to its return to CARRIER. CUSTOMER shall not sublease the Equipment, permit the use of the Equipment for all purposes; provided, that any modification not required by law shall if requested by Lessor be removed by Lessee and any damage to anyone other than CUSTOMER or change the Equipment resulting from such removal and the cost thereof shall be borne by the Lessee and repaired prior to the return use or location of the Equipment to specified in the Lessor. The Equipment shall not be used outside of Agreement, without the United States without Lessor's prior written consentconsent of CARRIER.
Appears in 1 contract
Samples: Rental Agreement