Use, operation and maintenance. Lessee shall use the Equipment in the manner for which it was designed and intended, solely for Lessee's business purposes, in accordance with all manufacturer manuals and instructions and in compliance with all applicable laws, regulations and orders. Lessee, at Lessee's own cost and expense, shall keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted, and shall furnish all parts, mechanisms, devices and servicing required therefor and necessary to comply with all applicable health and safety standards. The Equipment, upon return to Lessor, shall be in such condition as to qualify for a maintenance agreement with the manufacturer or such other party as may be acceptable to Lessor, if such agreement is customarily available, without additional cost to Lessor, but nothing contained herein shall require the Lessee to modify or upgrade the equipment. All replacement parts and repairs at any time made to or placed upon the Equipment shall become the property of Lessor. Lessee may, with Lessor's prior written consent, which shall not be unreasonably withheld, make such alterations, modifications or additions to the Equipment as Lessee may deem desirable in the conduct of its business; provided the same shall not diminish the value or utility of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof, and shall be readily removable without causing damage to the Equipment. Upon return to Lessor the Equipment as to which such alterations, modifications or additions have been made, Lessee, if requested to do so by Lessor, shall remove the same and restore the Equipment to its original condition, reasonable wear and tear only being excepted, and, if not so removed, title thereto shall automatically vest in Lessor. Lessor acknowledges that any data files or software developed or installed by Lessee which is resident on the equipment shall be and remain the property of Lessee; provided however that the Lessor shall have no obligation or responsibility to remove or return same to Lessee. Upon receipt of the Equipment, Lessor agrees to give Lessee reasonable access to the Equipment for the purpose of allowing Lessee an opportunity to remove any data files or software developed or installed by Lessee which is resident on the Equipment. Any failure or unreasonable delay on the part of Lessee in accomplishing such removal shall not reduce any of Lessor's rights herein. LES...
Use, operation and maintenance. Lessee shall use the Equipment in the manner for which it was designed and intended, solely for Lessee’s business purposes, substantially in accordance with all manufacturer manuals and instructions and in compliance with Applicable Law. As used herein, “Applicable Law” means all applicable laws, statutes, regulations, ordinances, orders and other requirements of any governmental authority (including such requirements necessary to ensure that the Equipment qualifies for all tax benefits and environmental attributes, in each case, to the extent available by law to the owner of the Equipment as of the date of the applicable Lease). Lessee, at Lessee’s own cost and expense, shall keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted, sufficient to perform according to the requirements of this Agreement and each Project Document, and shall furnish or otherwise obtain all parts, mechanisms, devices and servicing required therefor in the ordinary course. Lessee shall also make, at Lessee’s own cost and expense, all modifications to the Equipment as are required from time to time for the Equipment to comply with Applicable Law and each Project Document, provided no such modifications shall diminish the current or estimated residual value, utility, function, operation or remaining useful life of the Equipment (or any portion thereof) or cause the Equipment (or any portion thereof) to constitute “limited use property” within the meaning of Rev. Proc. 2001-28, 2001-19 I.R.B. 1156 or Rev. Proc. 2001-29, 2001-19 I.R.B. 1160 (or any successors thereto). All replacement parts and repairs at any time made to or placed upon the Equipment shall become the property of Lessor at no cost to Lessor and with no adjustment to the schedules of any Lease. Lessee may, with Lessor’s prior written consent (at no cost to Lessor and with no adjustment to the schedules of any Lease), which shall not be unreasonably withheld, make such alterations, modifications or additions to the Equipment as Lessee may deem desirable in the conduct of its business; provided the same shall not diminish the current or estimated residual value, utility, function, operation or remaining useful life of the Equipment (or any portion thereof), cause the loss of any warranty thereon or any certification necessary for the maintenance thereof, or cause the Equipment (or any portion thereof) to constitute “limited use property” within the meaning of Rev. Proc. 2001-28, 2...
Use, operation and maintenance. (a) The Hirer agrees that the use of the Equipment carries with it dangers and risks of injury and the Hirer agrees to accept all dangers and risks.
(b) The Equipment must not be used by anyone other than the Hirer. The Hirer will use the Equipment in a good and careful manner and will comply with all of the manufacturer's requirements and recommendations and with any applicable law, whether local, state or federal regarding the use of the Equipment, including, but not limited to, environmental and copyright law.
(c) The Hirer will use the Equipment for the purpose for which it was designed and not for any other purpose.
(d) The Hirer agrees to comply with all occupational health and safety laws relating to the use of the Equipment and related operations.
(e) The Hirer must ensure the Equipment is returned to PLUL in the same condition as it was provided by PLUL at the start of the Hire Period. PLUL will take detailed photos prior to releasing the Equipment, as a reference upon return, to identify any damage by the Hirer.
(f) Unless the Hirer obtains the prior written consent of PLUL, the Hirer must not alter, modify or attach anything to the Equipment.The Hirer agrees that:
(i) the Hirer will protect and secure the Equipment throughout the Hire Period . The Hirer will retain possession, not remove or allow the Equipment to be removed from the location stated in the Terms without PLUL's written consent.
(ii) the Hirer shall indemnify PLUL against all costs, losses and liability due to damage, loss or incident relating to the Equipment during the Hire Period, including the Hirer’s breach of the Terms, loss of possession, theft, vandalism, negligence, legal process or otherwise.
(iii) the Hirer will commit and grant access to PLUL to any location or premises where the Equipment is located for prior inspection of the Equipment, audit purposes or for any other reasonable purpose required by PLUL. The Hirer will indemnify PLUL in respect of any claims, damages or expenses arising out of any action taken pursuant to this condition.
Use, operation and maintenance. The hirer agrees that the use of the equipment carries with it dangers and risks of injury and the hirer agrees to accept all dangers and risks. The equipment shall not be used by anyone other than the hirer without the expressed permission of the owner.
Use, operation and maintenance. 3.1 The hirer agrees that the use of the equipment carries with it dangers and risks of injury and the hirer agrees to accept all dangers and risks.
3.2 The equipment shall not be used by anyone other than the hirer without the express permission of the owner.
3.3 The hirer will ensure that all persons operating or erecting the equipment are instructed in its safe and proper use and where required hold valid proof of training or are fully licenced to use it.
3.4 The hirer agrees to operate, maintain, store and transport the equipment in a proper manner and where required strictly in accordance with any instruction provided by the owner and with due care and diligence.
3.5 The hirer agrees that the equipment will only be used for its intended purpose and in accordance with any manufacturer’s instructions and recommendations whether supplied by the owner or posted on the equipment in regard to its operation, maintenance and storage
3.6 The hirer agrees to comply with all occupational health and safety laws and regulations relating to the use of the equipment and associated operations.
3.7 The hirer shall ensure the equipment is returned to the owner clean of all foreign matter or agrees to a reasonable cleaning fee being charged by the owner.
3.8 The reasonable costs of fuel or other consumables provided by the owner and used by the hirer are to be paid to the owner at the completion date.
Use, operation and maintenance a) Customer shall use the Equipment only during the term of this Agreement and only in the manner for which it was designed and intended. Customer shall comply with all applicable laws and regulations and with all applicable DataDirect requirements, policies, procedures, and instructions relating to the Equipment and/or the use thereof.
b) Customer is responsible for ensuring that the Equipment, its packaging, and its documentation are preserved in an “as-new” condition. If the Equipment’s packaging is discarded or not maintained in an “as-new” condition, Customer agrees to contact DataDirect’s Customer Service Department to provide replacement packaging, and Customer agrees to promptly pay DataDirect’s then-current replacement cost for such packaging (which is currently $200.00). Agreed: (Customer Initials) c) Customer may not sell, assign, transfer, lease, or license (collectively, “Sell”) the Equipment without the prior written consent of DataDirect.
d) Xxxxxxxx agrees to promptly give notice to DataDirect of any loss or damage to the Equipment. DataDirect and its agents have the right to inspect, repair, and maintain the Equipment at all times.
e) Customer acknowledges and agrees that the Equipment is being loaned with all risk of use and operation of the Equipment, and each and every hazard of loss of any kind, however rising, being borne by Customer, and that DataDirect will not be liable to Customer for the use of the Equipment or damages of any kind resulting from any claimed malfunction of the Equipment, defective design of the Equipment, and/or any failure of the Equipment to perform as specified, represented, or advertised.
f) Customer shall keep the Equipment free and clear of all liens, charges, encumbrances, security interests, legal processes and claims against the Equipment whatsoever (collectively, “Encumbrances”), including but not limited to Encumbrances by landlords or secured creditors.
g) Upon request from DataDirect, Customer shall maintain such records and take such other action with respect to the Equipment as may be required by law or otherwise deemed necessary by DataDirect to protect both the title and ownership interests of DataDirect in and to the Equipment. Customer shall not modify, adjust, or change the Equipment, or add, affix, attach any accessories, parts, or replacements to the Equipment without the express prior written consent of DataDirect.
Use, operation and maintenance. 3.1 The hirer agrees that the use of the equipment carries with it dangers and risks of injury and the hirer agrees to accept all dangers and risks.
3.2 The equipment shall not be used by anyone other than the hirer without the expressed permission of the owner.
3.3 The hirer agrees to transport, operate, maintain and store the equipment strictly in accordance with any instruction provided by the owner, with due care and diligence, only for its intended use and in accordance with any manufacturer’s instructions and recommendations whether supplied by the owner or posted on the equipment as to the operations, maintenance and storage thereof.
3.4 The hirer agrees to comply with all occupational health and safety laws relating to the use of the equipment and related operations.
3.5 The hirer shall ensure the equipment is returned to the owner clean of soil or any other foreign matter and any spray tanks and spray equipment shall be thoroughly cleaned. Fuel tanks on any equipment shall be full of fuel when the equipment is returned to the owner. In the event that these requirements are not complied with the hirer shall pay the owner the reasonable costs of compliance with these requirements.
Use, operation and maintenance. (a) The Hirer agrees that the use of the Vehicle may carry with it dangers and risks of injury and the Xxxxx agrees to accept all dangers and risks.
(b) The Hirer will use the Vehicle for the purpose for which it was designed and not for any other purpose.
(c) The Hirer must ensure the Vehicle are returned to the Owner in the same state of cleanliness as on the commencement date specified in the Schedule. In the event that the Vehicle are not in that state of cleanliness when returned to the Owner, the Hirer will pay the Owner the reasonable costs for cleaning the Vehicle.
(d) Unless the Hirer obtains the prior written consent of the Owner, the Hirer must not alter, modify or attach anything to the Vehicle unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Vehicle.
(e) The Hirer must not use the Vehicle for illegal purposes, racing or off-road driving. The Hirer must also not use the Vehicle for commercial purposes, such as delivery or transportation of goods for profit.
(f) The Hirer must return the Vehicle with a full tank of petrol. If the Vehicle is returned without a full tank of petrol, the Hirer will be charged for fuel as set out in the Schedule plus a refuelling fee of $30.
(g) The Hirer must have an unrestricted driver’s licence and not be on a learner permit, provisional licence or probationary licence. The Hirer must ensure that no person who does not hold an unrestricted driver’s licence operates the Vehicle.
(h) The Hirer agrees to the Owner retaining a copy of any driver’s licence provided as part of this Agreement.
(i) The Hirer may nominate any additional drivers subject to those additional drivers providing their driver’s licence to the Owner and subject to the Owner’s approval of that person as an additional driver.
(j) If the Vehicle is subject to a daily kilometre cap, additional charges may apply for each kilometre in excess of that cap.
(k) The Vehicle must not be driven in the following areas:
(i) on any unsealed road;
(ii) above the snow line in Australia’s alpine region;
(iii) off-road;
(iv) between mainland Australia and Tasmania in either direction;
(v) in any state or territory but for New South Wales and Queensland;
(vi) Stradbroke Island;
(vii) Moreton Island; and
(viii) Bribie Island, additional towing, damage and recovery costs incurred by the Owner in relation to use in any of the above areas will be at the Hirer’s expense and the Hire...
Use, operation and maintenance. 3.1 The participant agrees that using the supplied equipment to conduct citizen science activities carries with it dangers and risks of injury and the participant agrees to accept all dangers and risks.
3.2 The participant agrees to undertake all means necessary to eliminate or minimise the risks associated with undertaking citizen science activities.
3.3 The participant agrees to operate, maintain and store the equipment strictly in accordance with any instruction provided by the owner, with due care and diligence, only for its intended use.
3.4 The participant agrees to comply with all occupational health and safety laws relating to the use of the equipment and related operations.
3.5 The participant shall ensure the equipment is returned to the owner clean of soil or any other foreign matter and shall be thoroughly cleaned. Any written material to be returned will be in condition suitable for use by another participant. In the event that these requirements are not complied with the participant shall pay the owner the reasonable costs of compliance with these requirements.
Use, operation and maintenance. The hirer agrees that the use of the equipment carries with it dangers and risks of injury and the hirer agrees to accept all dangers and risks. The equipment shall not be used by anyone other than the hirer without the expressed permission of the owner. The hirer agrees to operate, maintain and store the equipment strictly in accordance with any instruction provided by the owner, with due care and diligence, only for its intended use and in accordance with any manufacturer’s instructions and recommendations whether supplied by the owner or posted on the equipment as to the operations, maintenance and storage thereof. The hirer agrees to comply with all occupational health and safety laws relating to the use of the equipment and related operations. The hirer shall ensure the equipment is returned to the owner clean of soil or any other foreign matter and any spray tanks and spray equipment shall be thoroughly cleaned. In the event that these requirements are not complied with the hirer shall pay the owner the reasonable costs of compliance with these requirements.
