Common use of Xxxxxx’s Responsibilities Clause in Contracts

Xxxxxx’s Responsibilities. 7.1 The Lessee shall during the term of this agreement: (a) ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions; (b) take such steps (including compliance with all safety and usage instructions provided by the Lessor) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; (c) make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment without the prior written consent of the Lessor, unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Lessor immediately upon installation; (d) keep the Lessor fully informed of all material matters relating to the Equipment; (e) keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without the Lessor's prior written consent OR at all times keep the Equipment in the possession or control of the Lessee and keep the Lessor informed of its location; (f) permit the Lessor or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection; (g) not, without the prior written consent of the Lessor, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (h) not without the prior written consent of the Lessor, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor against all losses, costs or expenses incurred as a result of such affixation or removal; (i) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Lessor in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment; (j) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (k) not use the Equipment for any unlawful purpose; (l) not reposition, move, remove or relocate or obstruct the Equipment in any way without the written agreement of the lessor. (m) ensure that at all times the Equipment remains identifiable as being the Lessor's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (n) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as the Lessor requires, or if necessary allow the Lessor or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment; and (o) not do or permit to be done anything which could invalidate the insurances referred to in (p) The Lessee will only use the lessor’s equipment in the locations where the Equipment is installed, the Lessor shall ensure exclusivity of service or similar services. That being charging solutions for electronic equipment or display equipment associated. The lessor will have sole supplier status. (q) The lessee will at the end of the Rental Period return the Equipment to the Lessor in the same condition as it was supplied with, accepting for reasonable wear and tear. This shall be on the fifth anniversary of the Commencement Date unless otherwise agreed by both parties. The Lessee shall return the Equipment to a location of the Lessor’s choosing (within UK). (r) Failure to return the Equipment in accordance with clause7.1(r) will result in the automatic activation of a secondary rental period of not less than twelve (12) months. This is the Risk Period as described in clause 6.2. 7.2 The Lessee acknowledges that the Lessor shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors, and the Lessee undertakes to indemnify the Lessor on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Lessee to comply with the terms of this agreement.

Appears in 1 contract

Samples: Equipment Rental Agreement

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Xxxxxx’s Responsibilities. 7.1 The Lessee shall during the term of this agreement: (a) ensure 7.1.1 Ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructionsinstructions provided by the Lessor; (b) take 7.1.2 Take such steps (including compliance with all safety and usage instructions provided by the Lessor) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; 7.1.3 Maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Commencement Date (cfair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment; 7.1.4 Make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment without the prior written consent of the Lessor, Lessor unless carried out to comply with any mandatory modifications required by law or any regulatory authority or unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Lessor immediately upon installation; (d) keep 7.1.5 Keep the Lessor fully informed of all material matters relating to the Equipment and notify the Lessor of any loss or damage to the Equipment; (e) keep 7.1.6 Keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without the Lessor's ’s prior written consent OR at all times keep the Equipment in the possession or control of the Lessee and keep the Lessor informed of its locationconsent; (f) permit 7.1.7 Permit the Lessor or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection; (g) not7.1.8 Maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Lessor, together with such additional information as the Lessor may reasonably require; 7.1.9 Not, without the prior written consent of the Lessor, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (h) not 7.1.10 Not without the prior written consent of the Lessor, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor against all losses, costs or expenses incurred as a result of such affixation or removal; (i) not 7.1.11 Not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Lessor in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment;a (j) not 7.1.12 Not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (k) not 7.1.13 Not use the Equipment for any unlawful purpose; (l) not reposition, move, remove or relocate or obstruct the Equipment in any way without the written agreement of the lessor. (m) ensure 7.1.14 Ensure that at all times the Equipment remains identifiable as being the Lessor's ’s property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (n) deliver 7.1.15 Deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as the Lessor requires, or if necessary allow the Lessor or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment; and (o) not 7.1.16 Not do or permit to be done anything which could invalidate the insurances referred to in (p) The Lessee will only use the lessor’s equipment in the locations where the Equipment is installed, the Lessor shall ensure exclusivity of service or similar services. That being charging solutions for electronic equipment or display equipment associated. The lessor will have sole supplier status. (q) The lessee will at the end of the Rental Period return the Equipment to the Lessor in the same condition as it was supplied with, accepting for reasonable wear and tear. This shall be on the fifth anniversary of the Commencement Date unless otherwise agreed by both parties. The Lessee shall return the Equipment to a location of the Lessor’s choosing (within UK). (r) Failure to return the Equipment in accordance with clause7.1(r) will result in the automatic activation of a secondary rental period of not less than twelve (12) months. This is the Risk Period as described in clause 6.2. 7.2 The Lessee acknowledges that the Lessor shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors, and the Lessee undertakes to indemnify the Lessor on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Lessee to comply with the terms of this agreement.6; and

Appears in 1 contract

Samples: Equipment Hire Agreement

Xxxxxx’s Responsibilities. 7.1 The Lessee shall during the term of this agreement: (a) ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructionsinstructions provided by the manufacturer; (b) take such steps (including compliance with all safety and usage instructions provided by the Lessorinstructions) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; (c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment; (d) make no alteration or modification to the Equipment or installation infrastructure and shall not remove any existing component(s) from the Equipment without the prior written consent of the Lessor, unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) Microminder whether that be by the same component lessee or by one of their employees or a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Lessor immediately upon installationthird party; (de) keep the Lessor Microminder fully informed of all material matters relating to the Equipment; (ef) keep the Equipment at all times at the Site (with the exception of notebook laptop products where there is a common understanding that such item shall be used in a mobile way) and shall not move or attempt to move any part of the Equipment to any other location without the LessorMicrominder's prior written consent OR at all times keep consent, which shall be given provided that Microminder alone moves the Equipment in at the possession or control cost of the Lessee and keep the Lessor informed of its locationLessee; (fg) permit the Lessor Microminder or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection; (gh) maintain operating and maintenance records of the Equipment and make copies of such records readily available to Microminder, together with such additional information as Microminder may reasonably require; (i) not, without the prior written consent of the LessorMicrominder, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet underlet, sub-licence, allow remote access from a host device/third party device that provides resources, services and /or information or lend all or any of the Equipment or Equipment; (j) not allow the creation of any mortgage, charge, lien or other security interest in respect of itall or any of the Equipment; (hk) not without the prior written consent of the LessorMicrominder, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor Microminder against all losses, costs or expenses incurred as a result of such affixation or removal; (il) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Lessor Microminder in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor Microminder may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor Microminder of any rights such person may have or acquire in the Equipment and a right for the Lessor Microminder to enter onto such land or building to remove the Equipment; (jm) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor Microminder and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor Microminder on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (kn) not use the Equipment for any unlawful purpose; (l) not reposition, move, remove or relocate or obstruct the Equipment in any way without the written agreement of the lessor. (mo) ensure that at all times the Equipment remains identifiable as being the LessorMicrominder's property and wherever possible shall ensure that a visible sign (and in particular any signs supplied by Microminder) to that effect is attached to the Equipment; (np) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as the Lessor Microminder requires, or if necessary allow the Lessor Microminder or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment; and (oq) not do or permit to be done anything which could invalidate the insurances referred to in (p) The Lessee will only use the lessor’s equipment in the locations where the Equipment is installed, the Lessor shall ensure exclusivity of service or similar services. That being charging solutions for electronic equipment or display equipment associated. The lessor will have sole supplier status. (q) The lessee will at the end of the Rental Period return the Equipment to the Lessor in the same condition as it was supplied with, accepting for reasonable wear and tear. This shall be on the fifth anniversary of the Commencement Date unless otherwise agreed by both parties. The Lessee shall return the Equipment to a location of the Lessor’s choosing (within UK). (r) Failure to return the Equipment in accordance with clause7.1(r) will result in the automatic activation of a secondary rental period of not less than twelve (12) months. This is the Risk Period as described in clause 6.26. 7.2 The Lessee acknowledges that the Lessor Microminder shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors, and the Lessee undertakes to indemnify the Lessor Microminder on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Lessee to comply with the terms of this agreement. Furthermore, any works required as a result of third party (being anyone other than Microminder employees) involvement shall not be covered by the associated support contract and shall be chargeable.

Appears in 1 contract

Samples: Equipment Rental Agreement

Xxxxxx’s Responsibilities. 7.1 The Lessee shall during the term of this agreementAgreement: (a) 7.1.1 ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions; (b) 7.1.2 take such steps steps, (including compliance with all safety and usage instructions provided by the Lessor) ), as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at workatwork; 7.1.3 maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Commencement Date, (c) fair wear and tear only excepted), including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment; 7.1.4 make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment without the prior written consent of the Lessor, unless the component(s) is/are replaced immediately immediately, (or if removed in the ordinary course of repair and maintenance as soon as practicable) ), by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Lessor immediately upon installation; (d) 7.1.5 keep the Lessor fully informed of all material matters relating to the Equipment; (e) keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without the Lessor's prior written consent OR 7.1.6 at all times keep the Equipment in the possession or control of the Lessee and keep the Lessor informed of its location; (f) 7.1.7 permit the Lessor or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection; (g) 7.1.8 maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Lessor, together with such additional information as the Lessor may reasonably require; 7.1.9 not, without the prior written consent of the Lessor, part with control of of, (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgagethe 7.1.10 not, charge, lien or other security interest in respect of it; (h) not without the prior written consent of the Lessor, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury damage to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor against all losses, costs or expenses incurred as a result of such affixation or removalo rremoval; (i) 7.1.11 not do do, or permit to be done done, any act or thing which will or may jeopardise the right, title and/or interest of the Lessor in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment; (j) 7.1.12 not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall shall, at its sole expense expense, use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (k) 7.1.13 not use the Equipment for any unlawful purpose; (l) not reposition, move, remove or relocate or obstruct the Equipment in any way without the written agreement of the lessor. (m) 7.1.14 ensure that at all times the Equipment remains identifiable as being the Lessor's ’s property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (n) 7.1.15 deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement Agreement at such address as the Lessor requires, or if necessary necessary, allow the Lessor or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment; and (o) 7.1.16 not do do, or permit to be done done, anything which could invalidate the insurances referred to in in Clause 6 (p) The Lessee will only use the lessor’s equipment in the locations where the Equipment is installedTitle, the Lessor shall ensure exclusivity of service or similar services. That being charging solutions for electronic equipment or display equipment associated. The lessor will have sole supplier status. (q) The lessee will at the end of the Rental Period return the Equipment to the Lessor in the same condition as it was supplied with, accepting for reasonable wear Risk and tear. This shall be on the fifth anniversary of the Commencement Date unless otherwise agreed by both parties. The Lessee shall return the Equipment to a location of the Lessor’s choosing (within UKInsurance). (r) Failure to return the Equipment in accordance with clause7.1(r) will result in the automatic activation of a secondary rental period of not less than twelve (12) months. This is the Risk Period as described in clause 6.2. 7.2 The Lessee acknowledges that the Lessor shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors, and the Lessee undertakes to indemnify the Lessor on demand against the same, same and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Lessee to comply with the terms of this agreementAgreement.

Appears in 1 contract

Samples: Supply of Hire Equipment Agreement

Xxxxxx’s Responsibilities. 7.1 The Lessee shall during the term of this agreement: (a) ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions; (b) take such steps (including compliance with all safety and usage instructions provided by the Lessor) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; (c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment; (d) make no alteration alterations to the Equipment and shall not remove any existing component(s) from the Equipment without the prior written consent of the LessorLessor and where such consent is give, unless the component(s) is/Lessee shall ensure that any components replaced are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) done so by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Lessor immediately upon installation; (de) keep the Lessor fully informed of all material matters relating to the Equipment; (ef) keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without the Lessor's ’s prior written consent OR or where agreed by the Lessor, at all times keep the Equipment in the possession or control of the Lessee and keep the Lessor informed of its location; (fg) permit the Lessor or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection; (gh) maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Lessor, together with such additional information as the Lessor may reasonably require; (i) not, without the prior written consent of the Lessor, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (hj) not without the prior written consent of the Lessor, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor against all losses, costs or expenses incurred as a result of such affixation or removal; (ik) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Lessor in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment; (jl) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (km) not use the Equipment for any unlawful purpose; (l) not reposition, move, remove or relocate or obstruct the Equipment in any way without the written agreement of the lessor. (mn) ensure that at all times the Equipment remains identifiable as being the Lessor's ’s property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (no) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as the Lessor requiresrequires (at the Lessee’s expense unless otherwise agreed in writing), or if necessary allow the Lessor or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the EquipmentEquipment (and to pay to the Lessor the Lessor’s reasonable charges for collection, unless otherwise agreed in writing); and (op) not do or permit to be done anything which could invalidate the insurances referred to in in Clause 6 (p) The Lessee will only use the lessor’s equipment in the locations where the Equipment is installedTitle, the Lessor shall ensure exclusivity of service or similar services. That being charging solutions for electronic equipment or display equipment associated. The lessor will have sole supplier status. (q) The lessee will at the end of the Rental Period return the Equipment to the Lessor in the same condition as it was supplied with, accepting for reasonable wear risk and tear. This shall be on the fifth anniversary of the Commencement Date unless otherwise agreed by both parties. The Lessee shall return the Equipment to a location of the Lessor’s choosing (within UKinsurance). (r) Failure to return the Equipment in accordance with clause7.1(r) will result in the automatic activation of a secondary rental period of not less than twelve (12) months. This is the Risk Period as described in clause 6.2. 7.2 The Lessee acknowledges that the Lessor shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with the installation of the Equipment if it was not installed by the Lessor, any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors, and the Lessee undertakes to indemnify the Lessor on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Lessee to comply with the terms of this agreement.

Appears in 1 contract

Samples: Hire Terms & Conditions

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Xxxxxx’s Responsibilities. 7.1 6.1 The Lessee shall during the term of this agreement: (a) ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructionsinstructions provided by the Lessor; (b) take such steps (including compliance with all safety and usage instructions provided by the Lessor) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; (c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment and be responsible for any costs incurred by the Lessor in carrying out any repairs to the Equipment required to return the Equipment to its operating condition at the beginning of the Rental Period ; (d) make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment without the prior written consent of the Lessor, unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Lessor immediately upon installation; (de) keep the Lessor fully informed of all material matters relating to the Equipment; (ef) keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without the Lessor's prior written consent OR at all times keep the Equipment in the possession or control of the Lessee and keep the Lessor informed of its locationlocation and not permit the Equipment to be transferred to any country prohibited by the government of the United Kingdom; (fg) permit the Lessor or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection; (gh) maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Lessor, together with such additional information as the Lessor may reasonably require; (i) not, without the prior written consent of the Lessor, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (h) not without the prior written consent of the Lessor, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor against all losses, costs or expenses incurred as a result of such affixation or removal; (ij) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Lessor in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment; (jk) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (kl) not use the Equipment for any unlawful purpose; (l) not reposition, move, remove or relocate or obstruct the Equipment in any way without the written agreement of the lessor. (m) ensure that at all times the Equipment remains identifiable as being the Lessor's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (n) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as the Lessor requires, or if necessary allow the Lessor or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment or in the event of a loss of the Equipment pay to the Lessor the full replacement cost of the Equipment; and (o) not do or permit to be done anything which could invalidate the insurances referred to in (p) The Lessee will only use the lessor’s equipment in the locations where the Equipment is installed, the Lessor shall ensure exclusivity of service or similar services. That being charging solutions for electronic equipment or display equipment associated. The lessor will have sole supplier statusclause 5. (q) The lessee will at the end of the Rental Period return the Equipment to the Lessor in the same condition as it was supplied with, accepting for reasonable wear and tear. This shall be on the fifth anniversary of the Commencement Date unless otherwise agreed by both parties. The Lessee shall return the Equipment to a location of the Lessor’s choosing (within UK). (r) Failure to return the Equipment in accordance with clause7.1(r) will result in the automatic activation of a secondary rental period of not less than twelve (12) months. This is the Risk Period as described in clause 6.2. 7.2 6.2 The Lessee acknowledges that the Lessor shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors, and the Lessee undertakes to indemnify the Lessor on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Lessee to comply with the terms of this agreement.

Appears in 1 contract

Samples: Equipment Rental Agreement

Xxxxxx’s Responsibilities. 7.1 The Lessee shall during the term of this agreement: (a) ensure that the Equipment is kept and operated in a suitable environmentenvironment [, which shall as a minimum meet the requirements set out in Schedule [.]], used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructionsinstructions [provided by the Lessor]; (b) take such steps (including compliance with all safety and usage instructions provided by the Lessor) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; (c) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment; (d) make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment [without the prior written consent of the Lessor, Lessor [unless carried out to comply with any mandatory modifications required by law or any regulatory authority or]] unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Lessor immediately upon installation; (de) keep the Lessor fully informed of all material matters relating to the Equipment; (ef) [keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without the Lessor's ’s prior written consent OR at all times keep the Equipment in the possession or control of the Lessee and keep the Lessor informed of its location]; (fg) permit the Lessor or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection; (gh) maintain operating and maintenance records of the Equipment and make copies of such records readily available to the Lessor, together with such additional information as the Lessor may reasonably require; (i) not, without the prior written consent of the Lessor, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (hj) not without the prior written consent of the Lessor, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor against all losses, costs or expenses incurred as a result of such affixation or removal; (ik) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Lessor in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment; (jl) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (km) not use the Equipment for any unlawful purpose; (l) not reposition, move, remove or relocate or obstruct the Equipment in any way without the written agreement of the lessor. (mn) ensure that at all times the Equipment remains identifiable as being the Lessor's ’s property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (no) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as the Lessor requires, or if necessary allow the Lessor or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment; and (op) not do or permit to be done anything which could invalidate the insurances referred to in (p) The Lessee will only use the lessor’s equipment in the locations where the Equipment is installed, the Lessor shall ensure exclusivity of service or similar services. That being charging solutions for electronic equipment or display equipment associated. The lessor will have sole supplier status. (q) The lessee will at the end of the Rental Period return the Equipment to the Lessor in the same condition as it was supplied with, accepting for reasonable wear and tear. This shall be on the fifth anniversary of the Commencement Date unless otherwise agreed by both parties. The Lessee shall return the Equipment to a location of the Lessor’s choosing (within UK). (r) Failure to return the Equipment in accordance with clause7.1(r) will result in the automatic activation of a secondary rental period of not less than twelve (12) months. This is the Risk Period as described in clause 6.2.Clause 6.. 7.2 The Lessee acknowledges that the Lessor shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors[, and the Lessee undertakes to indemnify the Lessor on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Lessee to comply with the terms of this agreement].

Appears in 1 contract

Samples: Hire Purchase Agreement

Xxxxxx’s Responsibilities. 7.1 12.1 The Lessee shall during Renter must, in respect of Equipment rented to the term of this agreementRenter: (a) ensure that notify EZY Rental immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Renter is not absolved from its obligation to safeguard the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructionsgiving such notification; (b) take such steps (including compliance with all safety in the event of theft of the Equipment, notify EZY Rental immediately in writing stating the full circumstances of the theft and usage instructions provided by the Lessor) as may be necessary to ensure, so far as is reasonably practicable, that time the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at workpolice were notified; (c) make no alteration to satisfy itself on the Commencement Date that the Equipment and shall not remove any existing component(s) from the Equipment without the prior written consent of the Lessor, unless the component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) is suitable for its intended use by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Lessor immediately upon installationRenter; (d) keep operate the Lessor fully informed of all material matters relating to Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instructions whether supplied by EZY Rental or posted on the Equipment; (e) ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed to operate the Equipment and must provide evidence of the same to EZY Rental upon request; (f) comply with all workplace health and safety laws relating to the Equipment and its operation; (g) pay for and effect any necessary registration of the Equipment; (h) on the Rent End Date or earlier determination of the Rent Period, unless EZY Rental agrees otherwise return the Equipment complete with all parts and accessories in the condition in which the same were delivered to the Renter, fair wear and tear excepted, to EZY Rental; (i) keep the Equipment in its possession and control at all times at times; (j) not alter or make any additions to the Site Equipment including but not limited to: (i) altering, making any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment; or (ii) interfering with the Equipment in any other manner; (k) employ the Equipment solely in its own work and shall not move permit the Equipment or attempt to move any part of the Equipment to be used by any other location without the Lessor's prior written consent OR at all times keep the Equipment in the possession or control of the Lessee and keep the Lessor informed of its location; (f) permit the Lessor or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection; (g) not, without the prior written consent of the Lessor, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (h) not without the prior written consent of the Lessor, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor against all losses, costs or expenses incurred as a result of such affixation or removal; (i) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Lessor in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment; (j) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (k) not use the Equipment party for any unlawful purposeother work; (l) not reposition, move, remove or relocate or obstruct affix any of the Equipment in such a manner as to cause it to become a fixture forming part of any way without the written agreement of the lessor.land; (m) ensure that at all times perform required checks on the condition of the Equipment remains identifiable and generally maintain the Equipment (including but not limited to any tyres) in good working condition; and (n) only use fuel and consumables on the Equipment that have been approved by the manufacturer. 12.2 Immediately on request by EZY Rental the Renter must pay, in such manner as being directed by EZY Rental: (a) the Lessor's property new list price of any Equipment that is for whatever reason destroyed, written off and wherever possible shall ensure that a visible sign not returned to that effect is attached EZY Rental or sold to the Renter under these Terms; (b) all costs incurred in cleaning the rented Equipment; (nc) deliver up the cost of repairing any damage to the Equipment at caused by the end negligence of the Rental Period or on earlier termination Renter; (d) the cost of this agreement at such address as the Lessor requires, or if necessary allow the Lessor or its representatives access repairing any damage to the Site Equipment caused by vandalism, Abuse or (in EZY Rental’s reasonable opinion) in any premises where way whatsoever other than by the ordinary use (as defined by the OEM Manual and specifications) of the Equipment is located for by the purpose of removing the EquipmentRenter; and (oe) not do or permit to be done anything which could invalidate the insurances referred to in (p) The Lessee will only use cost of fuels and consumables provided by EZY Rental and used by the lessor’s equipment in the locations where the Equipment is installed, the Lessor shall ensure exclusivity of service or similar services. That being charging solutions for electronic equipment or display equipment associated. The lessor will have sole supplier statusRenter. (q) 12.3 The lessee will at the end of the Renter must give EZY Rental Period return the Equipment to the Lessor in the same condition as it was supplied with, accepting for reasonable wear and tear. This shall be on the fifth anniversary of the Commencement Date unless otherwise agreed by both parties. The Lessee shall return the Equipment to a location of the Lessor’s choosing (within UK). (r) Failure to return the Equipment in accordance with clause7.1(r) will result in the automatic activation of a secondary rental period of not less than twelve 14 days’ prior written notice of any proposed change of ownership of the Renter or any change in the Renter’s details (12including but not limited to, changes in the Renter’s name, address, telephone or facsimile number, or business practice) months. This is and the Risk Period as described in clause 6.2. 7.2 The Lessee acknowledges that the Lessor shall not Renter will be responsible liable for any loss of or damage to the Equipment arising out of or incurred by EZY Rental in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors, and the Lessee undertakes to indemnify the Lessor on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any Renter’s failure by the Lessee to comply with the terms of this agreementclause 12.3.

Appears in 1 contract

Samples: Rental Agreement

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