Common use of Use, operation and maintenance Clause in Contracts

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. (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 TVOne 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 (a) sell, assign, transfer, lease, or license (collectively, “Sell”) the Equipment, or (b) move the Equipment from the Location, without the prior written consent of DataDirectTVOne. d(c) Xxxxxxxx Customer agrees to promptly give notice to DataDirect TVOne of any loss or damage to the Equipment. DataDirect TVOne and its agents have the right to inspect, repair, and maintain the Equipment at all times. e(d) 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 TVOne 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(e) Customer shall keep the Equipment free and clear of all liens, charges, encumbrances, security interests, legal processes processes, and claims against the Equipment whatsoever (collectively, “Encumbrances”), including including, but not limited to to, Encumbrances by landlords or secured creditors. g(f) Upon request from DataDirectTVOne, 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 TVOne to protect both the title and ownership interests of DataDirect TVOne 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 DataDirectTVOne.

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 ISO Doc#SM2020113.1 applicable laws and regulations and with all applicable DataDirect TVOne 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 (a) sell, assign, transfer, lease, or license (collectively, “Sell”) the Equipment, or (b) move the Equipment from the Location, without the prior written consent of DataDirectTVOne. d(c) Xxxxxxxx Customer agrees to promptly give notice to DataDirect TVOne of any loss or damage to the Equipment. DataDirect TVOne and its agents have the right to inspect, repair, and maintain the Equipment at all times. e(d) 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 TVOne 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(e) Customer shall keep the Equipment free and clear of all liens, charges, encumbrances, security interests, legal processes processes, and claims against the Equipment whatsoever (collectively, “Encumbrances”), including including, but not limited to to, Encumbrances by landlords or secured creditors. g(f) Upon request from DataDirectTVOne, 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 TVOne to protect both the title and ownership interests of DataDirect TVOne 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 DataDirectTVOne.

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 Customer 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.