Provider Use of System. Customer acknowledges that Provider has the right to operate the System outside of the Vehicle Operating Period and that such rights support Provider’s ability to offer the Services at a reasonable price to Customer by generating third party revenues, tax benefits, and savings for Provider. Subject in all cases to its obligations to provide the Services to Customer, Provider may use the System to, among other things, provide services to third parties as described below. Except as set forth below or in any subsequent agreement between Provider and Customer concerning third-party services, all expenses, profits, risks, and liabilities associated with such activities shall be borne entirely by Provider, including but not limited risk of damage and degradation to the System and associated insurance and operational costs. In pursuit of Provider’s rights under this Section 6(d), Provider will not allow third parties to access or use the System located upon the Premises or to enter upon the Premises without the prior express, written consent of Customer, which will not be withheld or delayed unreasonably.
Appears in 2 contracts
Sources: Lease Agreement, Transportation Equipment Services Agreement