Common use of Vendor’s Warranties Clause in Contracts

Vendor’s Warranties. The Lessor hereby irrevocably appoints the Lessee its agent and attorney-in-fact during the Lease Term, so long as Lessee shall not be in default under this Lease, to assert from time to time whatever claims and rights including warranties of the equipment that is classified as a “fixture” under the Uniform Commercial Code as enacted under the laws of the State which the Lessor may have against the vendor of the fixture which is or becomes a part of the Project Site. The Lessee’s sole remedy for the breach of such warranty, indemnification or representation shall be against the vendor of such equipment, and not against the Lessor, nor shall such matter have any effect whatsoever on the rights and obligations of the Lessor with respect to this Lease, including the right to receive full and timely payments under this Lease. The Lessee expressly acknowledges that the Lessor has made no representation or warranties whatsoever as to the existence of availability of such warranties of the vendor of such equipment.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

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Vendor’s Warranties. The Upon execution of this Lease, Lessor hereby irrevocably appoints the Lessee as its agent and attorney-in-fact during the Lease Termthis Lease, so long as Lessee shall not be in default under this Lease, to assert from time to time whatever claims and rights including warranties of rights, including, but not limited to, warranties, relating to the equipment Equipment that is classified as a “fixture” under the Uniform Commercial Code as enacted under the laws of the State which the Lessor may have against the vendor Vendors. The term “Vendors” means any supplier or manufacturer of the fixture which is Equipment, as well as agents or becomes a part representatives of the Project Sitethose suppliers or manufacturers. The Lessee’s sole remedy for the breach of such warranty, indemnification or representation shall be against Vendors of the vendor of such equipmentEquipment, and not against the Lessor, nor shall . Any such matter shall not have any effect whatsoever on the rights and obligations of the Lessor with respect to this Lease, including the right to receive full and timely payments under this Lease. The Lessee expressly acknowledges that the Lessor makes, and has made made, no representation or warranties whatsoever as to representations regarding the existence of or availability of such warranties of the vendor of such equipmentmade by Vendors.

Appears in 1 contract

Samples: Lease With Option to Purchase

Vendor’s Warranties. The Lessor hereby irrevocably appoints the Lessee its agent and attorney-in-fact during the Lease TermTerm under each Lease, so long as Lessee no Event of Default shall not have occurred and be in default continuing under this such Lease or no Non-Appropriation Event shall have occurred under such Lease, to assert from time to time whatever claims and rights including warranties of (including, without limitation, warranties) relating to the equipment Equipment that is classified as a “fixture” under the Uniform Commercial Code as enacted under the laws of the State which the Lessor may have against the vendor of the fixture which is or becomes a part of the Project SiteVendor. The LesseeXxxxxx’s sole remedy for the breach of such warranty, indemnification or representation shall be against the vendor applicable Vendor or Vendors of such equipment, the Equipment and not against the Lessor, nor shall . Any such matter shall not have any effect whatsoever on the rights and obligations of the Lessor with respect to this any Lease, including the right to receive full and timely Rent Payments and other payments under this each Lease. The Lessee expressly acknowledges that the Lessor makes, and has made made, no representation representations or warranties whatsoever as to the existence of or the availability of such warranties of relating to the vendor of such equipmentEquipment.

Appears in 1 contract

Samples: Master Equipment Lease Purchase Agreement

Vendor’s Warranties. The Lessor hereby irrevocably appoints the Lessee as its agent and attorney-in-fact during the each Lease Term, so long as Lessee shall not be in default under this the related Lease, to assert from time to time whatever claims and rights (including warranties of without limitation warranties) relating to the equipment Equipment that is classified as a “fixture” under the Uniform Commercial Code as enacted under the laws of the State which the Lessor may have against the vendor Vendor. The term “Vendor” means any supplier or manufacturer of the fixture which is Equipment as well as the agents or becomes a part dealers of the Project Sitemanufacturer or supplier from whom Lessor purchased or is purchasing such Equipment. The Lessee’s Xxxxxx's sole remedy for the breach of such warranty, indemnification or representation shall be against Vendor of the vendor of such equipmentEquipment, and not against the Lessor, nor shall . Any such matter shall not have any effect whatsoever on the rights and or obligations of the Lessor with respect to this any Lease, including the right to receive full and timely payments under this a Lease. The Lessee expressly acknowledges that the Lessor makes, and has made made, no representation representations or warranties whatsoever as to the existence of or the availability of such warranties by Vendor of the vendor of such equipmentEquipment.

Appears in 1 contract

Samples: Master Equipment Lease/Purchase Agreement

Vendor’s Warranties. The Lessor hereby irrevocably appoints the Lessee as its agent and attorney-in-fact during the each Lease Term, so long as Lessee shall not be in default under this the related Lease, to assert from time to time whatever claims and rights (including warranties of without limitation warranties) relating to the equipment Equipment that is classified as a “fixture” under the Uniform Commercial Code as enacted under the laws of the State which the Lessor may have against the vendor Vendor. The term “Vendor” means any supplier or manufacturer of the fixture which is Equipment as well as the agents or becomes a part dealers of the Project Sitemanufacturer or supplier from whom Lessor purchased or is purchasing such Equipment. The LesseeXxxxxx’s sole remedy for the breach of such warranty, indemnification or representation shall be against Vendor of the vendor of such equipmentEquipment, and not against the Lessor, nor shall . Any such matter shall not have any effect whatsoever on the rights and or obligations of the Lessor with respect to this any Lease, including the right to receive full and timely payments under this a Lease. The Lessee expressly acknowledges that the Lessor makes, and has made made, no representation representations or warranties whatsoever as to the existence of availability of such warranties of the vendor of such equipment.warranties

Appears in 1 contract

Samples: Master Equipment Lease/Purchase Agreement

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Vendor’s Warranties. The Lessor hereby irrevocably appoints the Lessee as its agent and attorney-in-fact during the each Lease Term, so long as Lessee shall not be in default under this the related Lease, to assert from time to time whatever claims and rights (including warranties of without limitation warranties) relating to the equipment Equipment that is classified as a “fixture” under the Uniform Commercial Code as enacted under the laws of the State which the Lessor may have against the vendor Vendor. The “Vendor” means any supplier or manufacturer of the fixture which is Equipment as well as the agents or becomes a part dealers of the Project Sitemanufacturer or supplier from whom Lessor purchased or is purchasing such Equipment. The LesseeXxxxxx’s sole remedy for the breach of such warranty, indemnification or representation shall be against Vendor of the vendor of such equipmentEquipment, and not against the Lessor, nor shall . Any such matter shall not have any effect whatsoever on the rights and or obligations of the Lessor with respect to this any Lease, including the right to receive full and timely payments under this a Lease. The Lessee expressly acknowledges that the Lessor makes, and has made made, no representation representations or warranties whatsoever as to the existence of or the availability of such warranties by Vendor of the vendor of such equipmentEquipment.

Appears in 1 contract

Samples: Lease Agreement

Vendor’s Warranties. The Lessor hereby irrevocably appoints the Lessee its agent and attorney-in-fact during the Lease TermTerm under each Lease, so long as Lessee no Event of Default shall not have occurred and be in default continuing under this such Lease or no Non-Appropriation Event shall have occurred under such Lease, to assert from time to time whatever claims and rights including warranties of (including, without limitation, warranties) relating to the equipment Equipment that is classified as a “fixture” under the Uniform Commercial Code as enacted under the laws of the State which the Lessor may have against the vendor of the fixture which is or becomes a part of the Project SiteVendor. The Lessee’s sole remedy for the breach of such warranty, indemnification or representation shall be against the vendor applicable Vendor or Vendors of such equipment, the Equipment and not against the Lessor, nor shall . Any such matter shall not have any effect whatsoever on the rights and obligations of the Lessor with respect to this any Lease, including the right to receive full and timely Rent Payments and other payments under this each Lease. The Lessee expressly acknowledges that the Lessor makes, and has made made, no representation representations or warranties whatsoever as to the existence of or the availability of such warranties of relating to the vendor of such equipmentEquipment.

Appears in 1 contract

Samples: Master Equipment Lease Purchase Agreement

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