ALTERNATIVE COMMENCEMENT PROCEDURES. Subject to the other terms and conditions contained in this Master Agreement and the applicable Schedule or Advance Pricing Agreement. Lessee may, at its option, enter into individual Leases and Financings with Lessor under either or both of the following procedures: A. TRADITIONAL PROCEDURE: (a) EXECUTION OF SCHEDULE. Lessor and Lessee mutually agree to enter into a Lease, a Financing or both by executing a Schedule in the form of Exhibit A with such changes as Lessor and Lessee shall have agreed to as conclusively evidenced by their execution thereof. Each such Schedule shall specifically identify (by serial number or other identifying characteristics) the items of Equipment to be leased under such Schedule (other than items of System Software, which shall be deemed to be items of Software leased under the Schedule pursuant to which the related items of Hardware are leased), and the Financed Items to be financed under such Schedule. Each Schedule, when executed by both Lessee and Lessor, together with this Master Agreement, shall constitute a separate and distinct Lease, a separate and distinct Financing, or a separate and distinct Lease and a separate and distinct Financing, as the case may be, enforceable according to its terms. In the event of any conflict between the terms of this Master Agreement and such Schedule, the provisions of the Schedule shall govern. (b)
Appears in 1 contract
Sources: Master Lease and Financing Agreement (Futurelink Corp)
ALTERNATIVE COMMENCEMENT PROCEDURES. Subject to the other terms and conditions contained in this Master Agreement and the applicable Schedule or Advance Pricing Agreement. , Lessee may, at its option, enter into individual Leases and Financings with Lessor under either or both of the following procedures: A. TRADITIONAL PROCEDURE: .
(a) EXECUTION OF SCHEDULE. Lessor and Lessee mutually agree to enter into a Lease, a Financing or both by executing a Schedule in the form of Exhibit A with such changes as Lessor and Lessee shall have agreed to as conclusively evidenced by their execution thereof. Each such Schedule shall specifically identify (by serial number or other identifying characteristics) the items of Equipment to be leased under such Schedule (other than items of System Software, which shall be deemed to be items of Software leased under the Schedule pursuant to which the related items of Hardware are leased), and the Financed Items to be financed under such Schedule. Each Schedule, when executed by both Lessee and Lessor, together with this Master Agreement, shall constitute a separate and distinct Lease, a separate and distinct Financing, or a separate and distinct Lease and a separate and distinct Financing, as the case may be, enforceable according to its terms. In the event of any conflict between the terms of this Master Agreement and such Schedule, the provisions of the Schedule shall govern. (b)
Appears in 1 contract
Sources: Master Lease and Financing Agreement (Liveperson Inc)