Redelivery. Upon the expiration or earlier termination of the Term with respect to each Item of Equipment (unless Lessee has exercised its transfer option with respect thereto pursuant to Section 28.2 or 28.4; or a third party sale thereof acceptable to Lessor is consummated on the Termination Date with respect thereto pursuant to Section 28.3 or Lessee is required to purchase an Item of Equipment pursuant to Section 28.5), Lessee will, at its expense, dismantle (to the extent necessary to ship such Item of Equipment), surrender and deliver possession of each Item of Equipment to Lessor at the Redelivery Location with a certificate executed by a Responsible Officer of Lessee certifying that such Item of Equipment is in the condition required hereunder, a copy of an inventory list for each Item and all then current plans, specifications and operating, maintenance, and repair manuals and logs relating to each Item that have been prepared or received by Lessee, and with respect to any Item of Equipment which qualifies for or is subject to any manufacturer's maintenance, repair or warranty policy, (i) if such manufacturer is Lessee or an affiliate thereof Lessee shall cause such manufacturer to deliver to Lessor a statement or certificate that has been signed by an authorized representative of the manufacturer attesting to the availability of such maintenance, repair or warranty policy and (ii) if the manufacturer is not Lessee nor an affiliate of Lessee and generally provides its customers upon request a statement or certificate attesting to the availability of such maintenance, repair or warranty policy, then Lessee shall utilize its reasonable best efforts to obtain from such manufacturer such a statement or certificate. At the time of such return to Lessor, each Item of Equipment (and each part or component thereof) shall (a) meet the original design specifications and operating standards of such Item, (b) be in as good operating condition, state of repair and appearance as when delivered to Lessee hereunder, and shall not have been subjected to excess wear and tear; provided, that ordinary wear and tear as a result of normal and customary usage is excepted; and provided, further that "ordinary wear and tear" as used herein shall not be construed as permitting any material broken, damaged or missing items or components of any Item of Equipment, and (c) be in the condition required by Section 11 and with respect to any Item of Equipment that qualifies for or is subject to any manufacturer's maintenance, repair or warranty policy, such Item shall have been maintained and repaired in a manner consistent with such policy, (d) have no missing or damaged components such that its value, utility or remaining useful life will be reduced, (e) comply with all laws and rules referred to in Sections 10 and 11, (f) have attached or affixed thereto any addition, modification or improvement considered an accession thereto as provided in Section 12 and (g) have had removed therefrom in a workmanlike manner, (i) at Lessor's option, any addition, modification or improvement which, as provided in Section 12, is owned by Lessee, and (ii) any insignia or marking permitted pursuant to Section 9, and each Item of Equipment (and each part or component thereof), shall be free and clear of all Liens, other than Lessor Liens. All operating licenses and agreements pertinent to the operation of each Item of Equipment, (other than non-transferable licenses to use software), that are capable of being transferred, shall be fully transferable upon the expiration of the Term to Lessor or its designee. Lessee shall transfer any such transferable license or agreement upon return of the Item of Equipment at Lessee's cost and expense. Each Item of Equipment that qualifies for or is subject to any manufacturer's maintenance, repair or warranty policy must be properly deinstalled in a manner consistent with such policy and in such a way that the Item remains eligible for or subject to such policy, as appropriate, and Lessee shall provide a certificate from a Responsible Officer certifying that each Item of Equipment was deinstalled in a manner consistent with such policy and remains eligible for or subject to such policy, as appropriate. Upon deinstallation, each Item of Equipment shall be secured properly for air or overland or other suitable transport. Each Item of Equipment shall be delivered in the manner in which is customary for such Item of Equipment. Lessee shall at its own expense, make repairs necessary to restore each Item of Equipment to the condition required by this Section 6.1 prior to redelivery hereunder. Upon redelivery, Lessee shall provide any additional documentation reasonably requested by Lessor, at Lessor's cost, relating to the redelivery of or Lessor's interest in each Item of Equipment.
Appears in 2 contracts
Sources: Master Equipment Lease Agreement (Universal Compression Holdings Inc), Master Equipment Lease Agreement (Universal Compression Inc)
Redelivery. Upon (a) On or before the date of the expiration or earlier termination of the Term with respect to each Item of Equipment (unless Lessee has exercised its transfer option with respect thereto pursuant to Section 28.2 or 28.4; or a third party sale thereof acceptable to Lessor is consummated on the Termination Date with respect thereto pursuant to Section 28.3 or Lessee is required to purchase an such Item of Equipment pursuant to Section 28.5Equipment), Lessee will, at its expense, dismantle (to the extent necessary to ship such Item of Equipment), surrender and deliver possession of each Item of Equipment to Lessor at the Redelivery Location with (i) a certificate executed by a Responsible Officer of Lessee certifying that (A) Lessee has used best efforts to maintain for each Item of Equipment being redelivered all plans, specifications and operating, maintenance and repair manuals prepared or reviewed by Lessee or any of its Affiliates and (B) such Item of Equipment is in the condition required hereunder, (ii) a copy of an inventory list for each Item and (iii) all then current plans, specifications and operating, maintenance, and repair manuals and logs relating to each such Item that have been prepared retained by Lessee or received by Lesseeany of its Affiliates, and (iv) with respect to any Item of Equipment which qualifies for or is subject to any manufacturer's maintenance, repair or warranty policy, (iA) if such manufacturer is Lessee or an affiliate thereof thereof, Lessee shall cause such manufacturer to deliver to Lessor a statement or certificate that has been signed by an authorized representative of the manufacturer attesting to the availability of such maintenance, repair or warranty policy and (iiB) if the manufacturer is not Lessee nor an affiliate of Lessee and generally provides its customers upon request a statement or certificate attesting to the availability of such maintenance, repair or warranty policy, then Lessee shall utilize its reasonable best efforts to obtain from such manufacturer such a statement or certificate. .
(b) At the time of such return to Lessor, each Item of Equipment (and each part or component thereof) shall (ai) meet the original design specifications and operating standards of such Item, (bii) be in as good operating condition, state of repair and appearance as when delivered to Lessee hereunder, and shall not have been subjected to excess wear and tear; provided, that ordinary wear and tear as a result of normal and customary usage is excepted; and provided, further that "ordinary wear and tear" as used herein shall not be construed as permitting any material broken, damaged or missing items or components of any Item of EquipmentEquipment such that its value, and utility, Residual Value or remaining useful life will be reduced, (ciii) be in the condition required by Section 11 and with respect to any Item of Equipment that qualifies for or is subject to any manufacturer's maintenance, repair or warranty policy, such Item shall have been maintained and repaired in a manner consistent with such policy, (div) have no missing or damaged components such that its value, utility utility, Residual Value or remaining useful life will be reduced, (ev) comply with all laws and rules referred to in Sections 10 and 11, (fvi) have attached or affixed thereto any addition, modification or improvement considered an accession thereto as provided in Section 12 and (gvii) have had removed therefrom in a workmanlike manner, (ix) at Lessor's option, any addition, modification or improvement which, as provided in Section 12, is owned by Lessee, and (iiy) any insignia or marking permitted pursuant to Section 9marking, and each Item of Equipment (and each part or component thereof), shall be free and clear of all Liens, other than Lessor Liens and Collateral Agent Liens. .
(c) All operating licenses and agreements pertinent to the operation of each Item of Equipment, (other than non-transferable licenses to use software), that are capable of being transferred, shall be fully transferable upon the expiration of the Term to Lessor or its designee. Lessee shall transfer any such transferable license or agreement upon return of the Item of Equipment at Lessee's cost and expense. .
(d) Each Item of Equipment that qualifies for or is subject to any manufacturer's maintenance, repair or warranty policy must be properly deinstalled in a manner consistent with such policy and in such a way that the Item remains eligible for or subject to such policy, as appropriate, and Lessee shall provide a certificate from a Responsible Officer certifying that each Item of Equipment was deinstalled in a manner consistent with such policy and remains eligible for or subject to such policy, as appropriate. Upon deinstallation, each Item of Equipment shall be secured properly for air or overland or other suitable transport. Each Item of Equipment shall be delivered to the Redelivery Location in the manner in which is customary for such Item of Equipment. .
(e) Lessee shall shall, at its own expense, make repairs necessary to restore each Item of Equipment to the condition required by this Section 6.1 prior to redelivery hereunder. .
(f) Upon redelivery, Lessee shall provide any additional documentation reasonably requested by LessorLessor and reasonably available to Lessee, at LessorLessee's cost, relating to the redelivery of or LessorLessee's interest in each Item of Equipment.
Appears in 2 contracts
Sources: Equipment Lease Agreement (BRL Universal Equipment Corp), Equipment Lease Agreement (Universal Compression Inc)
Redelivery. (a) With respect to each Equipment Schedule, unless otherwise provided in this Lease (including any Rider hereto), Lessee agrees that (1) it shall provide Lessor with written notice of the scheduled expiration of the then existing term of lease with respect to such Equipment Schedule, and Lessee’s assurance that the Equipment leased thereunder shall be redelivered to Lessor in accordance with the provisions of this Lease (including any Rider hereto) (the “Return Notice”); (2) such Return Notice shall be delivered to Lessor at least sixty (60) days, but no more than one hundred twenty (120) days, prior to such expiration date; and (3) if Lessee fails to so deliver such Return Notice to Lessor, at Lessor’s option (as evidenced by its written acknowledgment thereof), Lessee shall be deemed to have renewed the term thereof for a term of six months commencing on the day next succeeding such expiration date and at rental payable in the same amount and manner as the rental payable during the then expiring term.
(b) Upon the expiration or earlier termination of the Term with respect to each Item term of any Equipment Schedule (unless Lessee has exercised its transfer option with respect thereto pursuant to Section 28.2 or 28.4; or a third party sale thereof acceptable to Lessor is consummated on the Termination Date with respect thereto pursuant to Section 28.3 or Lessee is required to purchase an Item of Equipment pursuant to Section 28.5any renewal thereof, if applicable), Lessee willshall, at its own expense, dismantle (to return the extent necessary to ship such Item of Equipment), surrender and deliver possession of each Item of Equipment to Lessor at the Redelivery Location with a certificate executed by a Responsible Officer of Lessee certifying that such Item of Equipment is within ten (10) day, in the same condition required hereunder, a copy of an inventory list for each Item and all then current plans, specifications and operating, maintenance, and repair manuals and logs relating to each Item that have been prepared or received by Lessee, and with respect to any Item of Equipment which qualifies for or is subject to any manufacturer's maintenance, repair or warranty policy, (i) if such manufacturer is Lessee or an affiliate thereof Lessee shall cause such manufacturer to deliver to Lessor a statement or certificate that has been signed by an authorized representative of the manufacturer attesting to the availability of such maintenance, repair or warranty policy and (ii) if the manufacturer is not Lessee nor an affiliate of Lessee and generally provides its customers upon request a statement or certificate attesting to the availability of such maintenance, repair or warranty policy, then Lessee shall utilize its reasonable best efforts to obtain from such manufacturer such a statement or certificate. At the time of such return to Lessor, each Item of Equipment (and each part or component thereof) shall (a) meet the original design specifications and operating standards of such Item, (b) be in as good operating condition, state of repair and appearance as when delivered to Lessee hereunder, and shall not have been subjected to excess wear and tear; provided, that ordinary wear and tear resulting from proper use thereof excepted. Lessee shall return the Equipment by delivering it to such place within the Continental United States as Lessor shall specify. In addition to Lessor’s other rights and remedies hereunder, if the Equipment is not returned in a result timely fashion, or if repairs are necessary to place any items of normal and customary usage is excepted; and provided, further that "ordinary wear and tear" as used herein shall not be construed as permitting any material broken, damaged or missing items or components of any Item of Equipment, and (c) be Equipment in the condition required by Section 11 and in this Section, Lessee shall continue to pay to Lessor per diem rent at the last prevailing lease rate under the applicable Equipment Schedule with respect to any Item of Equipment that qualifies for or is subject to any manufacturer's maintenance, repair or warranty policy, such Item shall have been maintained and repaired in a manner consistent with such policy, (d) have no missing or damaged components such that its value, utility or remaining useful life will be reduced, (e) comply with all laws and rules referred to in Sections 10 and 11, (f) have attached or affixed thereto any addition, modification or improvement considered an accession thereto as provided in Section 12 and (g) have had removed therefrom in a workmanlike manner, (i) at Lessor's option, any addition, modification or improvement which, as provided in Section 12, is owned by Lessee, and (ii) any insignia or marking permitted pursuant to Section 9, and each Item of Equipment (and each part or component thereof), shall be free and clear of all Liens, other than Lessor Liens. All operating licenses and agreements pertinent to the operation of each Item items of Equipment, (other than non-transferable licenses for the period of delay in redelivery, or for the period of time reasonably necessary to use software)accomplish such repairs together with the cost of such repairs, that are capable as applicable. Lessor’s acceptance of being transferred, shall be fully transferable upon the expiration such rent on account of such delay or repair does not constitute a renewal of the Term term of the related Equipment Schedule or a waiver of Lessor’s right to Lessor or its designee. Lessee shall transfer any such transferable license or agreement upon prompt return of the Item of Equipment at Lessee's cost and expense. Each Item of Equipment that qualifies for or is subject to any manufacturer's maintenance, repair or warranty policy must be properly deinstalled in a manner consistent with such policy and in such a way that the Item remains eligible for or subject to such policy, as appropriate, and Lessee shall provide a certificate from a Responsible Officer certifying that each Item of Equipment was deinstalled in a manner consistent with such policy and remains eligible for or subject to such policy, as appropriate. Upon deinstallation, each Item of Equipment shall be secured properly for air or overland or other suitable transport. Each Item of Equipment shall be delivered in the manner in which is customary for such Item of Equipment. Lessee shall at its own expense, make repairs necessary to restore each Item of Equipment to the condition required by this Section 6.1 prior to redelivery hereunder. Upon redelivery, Lessee shall provide any additional documentation reasonably requested by Lessor, at Lessor's cost, relating to the redelivery of or Lessor's interest in each Item of Equipmentproper condition.
Appears in 1 contract
Redelivery. Upon the expiration or earlier termination of the Term with respect to each Item of Equipment (unless Lessee Obligor has exercised its transfer option with respect thereto pursuant to Section 28.2 or 28.4; 25.2 hereof or a third party sale thereof acceptable to Lessor Obligee is consummated on the Termination Date with respect thereto pursuant to Section 28.3 or Lessee is required to purchase an Item of Equipment pursuant to Section 28.525.3 hereof), Lessee Obligor will, at its expense, dismantle (to the extent necessary to ship such Item of Equipment)dismantle, surrender and deliver possession of each Item of Equipment to Lessor Obligee at the Redelivery Location with a certificate executed by a Responsible Officer of Lessee Obligor certifying that such the Item of Equipment is in the condition required hereunder, a copy of an inventory list for each Item, proof of payment by Obligor to the Person from whom Obligor acquired such Item and of Equipment in the form of a canceled check or wire transfer confirmation, all then current plans, specifications and operating, maintenance, and repair manuals and logs relating to each Item that have been prepared or received by LesseeObligor, and with respect to any Item of Equipment which qualifies for or is subject to any manufacturer's maintenance, repair or warranty policy, (i) if such manufacturer is Lessee or an affiliate thereof Lessee shall cause such manufacturer to deliver to Lessor a statement or certificate that has been signed by an authorized representative of the manufacturer attesting to the availability of such maintenance, repair or warranty policy and (ii) if the manufacturer is not Lessee nor an affiliate of Lessee and generally provides its customers upon request a statement or certificate attesting to the availability of such maintenance, repair or warranty policy, then Lessee shall utilize its reasonable best efforts to obtain from such manufacturer such a statement or certificatecondition. At the time of such return to LessorObligee, each Item of Equipment (and each part or component thereof) shall (a) meet the original design specifications and operating standards of such Item, (b) be in as good operating condition, state of repair and appearance as when delivered to Lessee Obligor hereunder, and shall not have been subjected to excess wear and tear; provided, that ordinary wear and tear as a result of normal and customary usage is excepted; and provided, further that "ordinary wear and tear" as used herein shall not be construed as permitting any material broken, damaged or missing items or components of any Item of Equipment, and (c) be in the condition required by Section 11 and with respect to any Item of Equipment that qualifies for or is subject to any manufacturer's maintenance, repair or warranty policy, such Item shall have been maintained and repaired in a manner consistent with such policyhereof, (dc) have no missing or damaged components such that its value, utility or remaining useful life will be reduced, (ed) comply with all laws and rules referred to in Sections 10 and 11Section 11 hereof, (fe) have attached or affixed thereto any addition, modification or improvement considered an accession thereto as provided in Section 12 hereof and (gf) have had removed therefrom in a workmanlike manner, (i) at LessorObligor's option, any addition, modification or improvement which, as provided in Section 1212 hereof, is owned by LesseeObligor, and (ii) any insignia or marking permitted pursuant to Section 913 hereof, and each Item of Equipment (and each part or component thereof), shall g) be free and clear of all Liens, other than Lessor Liensa Lien granted or placed thereon by Obligee, Lender, or any Assignee pursuant to Section 14.2 hereof. With respect to any Item of Equipment which has an hour meter or similar device affixed to or relating to such Equipment, Obligor must provide evidence of the total operating hours on such Item at redelivery, as evidenced by such meter or similar device. The total operating hours for each such Item of Equipment in excess of 3000 hours per year shall be billed to Obligor at a rate set by Obligee (which rate shall be reasonable in all the circumstances). All operating licenses and agreements pertinent to the operation of each Item of Equipment, whether or not included in the original Agreement (other than non-transferable licenses to use software), that are capable of being transferred, shall be fully transferable upon the expiration of the Term to Lessor or its designee. Lessee shall transfer any such transferable license or agreement upon return of the Item of Equipment at Lessee's cost and expense. Each Item of Equipment that qualifies for or is subject to any manufacturer's maintenance, repair or warranty policy must be properly deinstalled in a manner consistent with such policy and in such a way that the Item remains eligible for or subject to such policy, as appropriate, and Lessee shall provide a certificate from a Responsible Officer certifying that each Item of Equipment was deinstalled in a manner consistent with such policy and remains eligible for or subject to such policy, as appropriate. Upon deinstallation, each Item of Equipment shall be secured properly for air or overland or other suitable transport. Each Item of Equipment shall be delivered in the manner in which is customary for such Item of Equipment. Lessee shall at its own expense, make repairs necessary to restore each Item of Equipment to the condition required by this Section 6.1 prior to redelivery hereunder. Upon redelivery, Lessee shall provide any additional documentation reasonably requested by Lessor, at Lessor's cost, relating to the redelivery of or Lessor's interest in each Item of Equipment.being
Appears in 1 contract
Sources: Equipment Financing Agreement (Harman International Industries Inc /De/)
Redelivery. Upon the expiration or earlier termination of the Term with respect to each Item of Equipment (unless Lessee Obligor has exercised its transfer option with respect thereto pursuant to Section 28.2 Sections 25.2 or 28.4; 25.4 hereof or a third party sale thereof acceptable to Lessor Corporate Obligee is consummated on the Termination Date with respect thereto pursuant to Section 28.3 or Lessee is required to purchase an Item of Equipment pursuant to Section 28.525.3 hereof), Lessee Obligor will, at its expense, dismantle (to the extent necessary to ship such Item of Equipment)dismantle, surrender and deliver possession of each Item of Equipment to Lessor Corporate Obligee at the Redelivery Location with a certificate executed by a Responsible Officer of Lessee Obligor certifying that such the Item of Equipment is in the condition required hereunder, a copy of an inventory list for each Item, proof of payment by Obligor to the Person from whom Obligor acquired such Item and of Equipment in the form of a canceled check or wire transfer confirmation, all then current plans, specifications and operating, maintenance, and repair manuals and logs relating to each Item that have been prepared or received by LesseeObligor, and with respect to any Item of Equipment which qualifies for or is subject to any manufacturer's ’s maintenance, repair or warranty policy, (i) if such manufacturer is Lessee or an affiliate thereof Lessee shall cause such manufacturer to deliver to Lessor a statement or certificate that has been signed by an authorized representative of the manufacturer attesting to the availability of such maintenance, repair or warranty policy and (ii) if the manufacturer is not Lessee nor an affiliate of Lessee and generally provides its customers upon request a statement or certificate attesting to the availability of such maintenance, repair or warranty policy, then Lessee shall utilize its reasonable best efforts to obtain from such manufacturer such a statement or certificatecondition. At the time of such return to LessorCorporate Obligee, each Item of Equipment (and each part or component thereof) shall (a) meet the original design specifications and operating standards of such Item, (b) be in as good operating condition, state of repair and appearance as when delivered to Lessee Obligor hereunder, and shall not have been subjected to excess wear and tear; provided, that ordinary wear and tear as a result of normal and customary usage is excepted; and provided, further that "ordinary wear and tear" as used herein shall not be construed as permitting any material broken, damaged or missing items or components of any Item of Equipment, and (c) be in the condition required by Section 11 and with respect to any Item of Equipment that qualifies for or is subject to any manufacturer's maintenance, repair or warranty policy, such Item shall have been maintained and repaired in a manner consistent with such policyhereof, (dc) have no missing or damaged components such that its value, utility or remaining useful life will be reduced, (ed) comply (without any reference to materiality) with all laws and rules referred to in Sections 10 and 11Section 11 hereof, (fe) have attached or affixed thereto any addition, modification or improvement considered an accession thereto as provided in Section 12 hereof and (gf) have had removed therefrom in a workmanlike manner, (i) at Lessor's Obligor’s option, any addition, modification or improvement which, as provided in Section 1212 hereof, is owned by LesseeObligor, and (ii) any insignia or marking permitted pursuant to Section 913 hereof, and each Item of Equipment (and each part or component thereof), shall g) be free and clear of all Liens, other than Lessor Liensa Lien granted or placed thereon by Corporate Obligee, Lender, or any Assignee pursuant to Section 14.2 hereof. With respect to any Item of Equipment which has an hour meter or similar device affixed to or relating to such Equipment, Obligor must provide evidence of the total operating hours on such Item at redelivery, as evidenced by such meter or similar device. The total operating hours for each such Item of Equipment in excess of 3000 hours per year shall be billed to Obligor at a rate set by Corporate Obligee (which rate shall be reasonable in all the circumstances). All operating licenses and agreements pertinent to the operation of each Item of Equipment, whether or not included in the original Agreement (other than non-transferable non-transferable licenses to use software), that are capable of being transferred, shall be fully transferable upon the expiration of the Term to Lessor Corporate Obligee or its designee. Lessee Obligor shall transfer any such transferable license or agreement upon return of the Item of Equipment at Lessee's Obligor’s cost and expense. Each Item of Equipment that qualifies for or is subject to any manufacturer's ’s maintenance, repair or warranty policy must be properly deinstalled in a manner consistent with such policy and in such a way that the Item remains eligible for or subject to such policy, as appropriate, and Lessee Obligor shall provide or shall cause a representative of the manufacturer of such Item a certificate from a Responsible Officer certifying that each Item of Equipment was deinstalled in a manner consistent with such policy and remains eligible for or subject to such policy, as appropriate. Upon deinstallation, deinstallation each Item of Equipment shall be secured properly for air or overland or other suitable transport. Each Item of Equipment originally delivered to Obligor, secured for shock proof and minimum vibration travel or delivered via air ride van shall be redelivered in a similar manner, and each other Item of Equipment shall be delivered in the manner in which it was delivered to Obligor or such other manner as is customary for such Item of Equipment. Lessee Obligor shall at its own expense, make pay for any repairs necessary to restore each any Item of Equipment to the condition required by this Section 6.1 prior to redelivery hereunder6.1. The term “ordinary wear and tear” as used herein shall not be construed as permitting any material broken, damaged or missing items or components of any Item of Equipment. Upon redelivery, Lessee Obligor shall provide any additional documentation reasonably requested by LessorCorporate Obligee, at Lessor's Corporate Obligee’s cost, relating to the redelivery of or Lessor's Corporate Obligee’s interest in each Item of Equipment.
Appears in 1 contract
Sources: Equipment Leasing Agreement (Harman International Industries Inc /De/)
Redelivery. Upon the expiration or earlier termination of the Term with respect to each Item of Equipment (unless Lessee Obligor has exercised its transfer option with respect thereto pursuant to Section 28.2 Sections 25.2 or 28.4; 25.4 hereof or a third party sale thereof acceptable to Lessor Corporate Obligee is consummated on the Termination Date with respect thereto pursuant to Section 28.3 or Lessee is required to purchase an Item of Equipment pursuant to Section 28.525.3 hereof), Lessee Obligor will, at its expense, dismantle (to the extent necessary to ship such Item of Equipment)dismantle, surrender and deliver possession of each Item of Equipment to Lessor Corporate Obligee at the Redelivery Location with a certificate executed by a Responsible Officer of Lessee Obligor certifying that such the Item of Equipment is in the condition required hereunder, a copy of an inventory list for each Item, proof of payment by Obligor to the Person from whom Obligor acquired such Item and of Equipment in the form of a canceled check or wire transfer confirmation, all then current plans, specifications and operating, maintenance, and repair manuals and logs relating to each Item that have been prepared or received by LesseeObligor, and with respect to any Item of Equipment which qualifies for or is subject to any manufacturer's ’s maintenance, repair or warranty policy, (i) if such manufacturer is Lessee or an affiliate thereof Lessee shall cause such manufacturer to deliver to Lessor a statement or certificate that has been signed by an authorized representative of the manufacturer attesting to the availability of such maintenance, repair or warranty policy and (ii) if the manufacturer is not Lessee nor an affiliate of Lessee and generally provides its customers upon request a statement or certificate attesting to the availability of such maintenance, repair or warranty policy, then Lessee shall utilize its reasonable best efforts to obtain from such manufacturer such a statement or certificatecondition. At the time of such return to LessorCorporate Obligee, each Item of Equipment (and each part or component thereof) shall (a) meet the original design specifications and operating standards of such Item, (b) be in as good operating condition, state of repair and appearance as when delivered to Lessee Obligor hereunder, and shall not have been subjected to excess wear and tear; provided, that ordinary wear and tear as a result of normal and customary usage is excepted; and provided, further that "ordinary wear and tear" as used herein shall not be construed as permitting any material broken, damaged or missing items or components of any Item of Equipment, and (c) be in the condition required by Section 11 and with respect to any Item of Equipment that qualifies for or is subject to any manufacturer's maintenance, repair or warranty policy, such Item shall have been maintained and repaired in a manner consistent with such policyhereof, (dc) have no missing or damaged components such that its value, utility or remaining useful life will be reduced, (ed) comply with all laws and rules referred to in Sections 10 and 11Section 11 hereof, (fe) have attached or affixed thereto any addition, modification or improvement considered an accession thereto as provided in Section 12 hereof and (gf) have had removed therefrom in a workmanlike manner, (i) at Lessor's option, any addition, modification or improvement which, as provided in Section 1212 hereof, is owned by LesseeObligor, and (ii) any insignia or marking permitted pursuant to Section 913 hereof, and each Item of Equipment (and each part or component thereof), shall g) be free and clear of all Liens, other than Lessor Liensa Lien granted or placed thereon by Corporate Obligee, Lender, or any Assignee pursuant to Section 14.2 hereof. With respect to any Item of Equipment which has an hour meter or similar device affixed to or relating to such Equipment, Obligor must provide evidence of the total operating hours on such Item at redelivery, as evidenced by such meter or similar device. The total operating hours for each such Item of Equipment in excess of 3000 hours per year shall be billed to Obligor at a rate set by Corporate Obligee (which rate shall be reasonable in all the circumstances). All operating licenses and agreements pertinent to the operation of each Item of Equipment, whether or not included in the original Agreement (other than non-transferable licenses to use software), that are capable of being transferred, shall be fully transferable upon the expiration of the Term to Lessor Corporate Obligee or its designee. Lessee Obligor shall transfer any such transferable license or agreement upon return of the Item of Equipment at Lessee's Obligor’s cost and expense. Each Item of Equipment that qualifies for or is subject to any manufacturer's ’s maintenance, repair or warranty policy must be properly deinstalled in a manner consistent with such policy and in such a way that the Item remains eligible for or subject to such policy, as appropriate, and Lessee Obligor shall provide or shall cause a representative of the manufacturer of such Item a certificate from a Responsible Officer certifying that each Item of Equipment was deinstalled in a manner consistent with such policy and remains eligible for or subject to such policy, as appropriate. Upon deinstallation, deinstallation each Item of Equipment shall be secured properly for air or overland or other suitable transport. Each Item of Equipment originally delivered to Obligor, secured for shock proof and minimum vibration travel or delivered via air ride van shall be redelivered in a similar manner, and each other Item of Equipment shall be delivered in the manner in which it was delivered to Obligor or such other manner as is customary for such Item of Equipment. Lessee Obligor shall at its own expense, make pay for any repairs necessary to restore each any Item of Equipment to the condition required by this Section 6.1 prior to redelivery hereunder6.1. The term “ordinary wear and tear” as used herein shall not be construed as permitting any material broken,damaged or missing items or components of any Item of Equipment. Upon redelivery, Lessee Obligor shall provide any additional documentation reasonably requested by LessorCorporate Obligee, at Lessor's Corporate Obligee’s cost, relating to the redelivery of or Lessor's Corporate Obligee’s interest in each Item of Equipment.
Appears in 1 contract
Sources: Equipment Leasing Agreement (Harman International Industries Inc /De/)
Redelivery. Upon the expiration or earlier termination of the Term with respect to each Item term of any Equipment Schedule (or of any renewal thereof, if applicable), Lessee shall, unless Lessee has exercised its transfer option paid the Stipulated Loss Value and other amounts with respect thereto pursuant to Section 28.2 12 hereof or 28.4; or a third party sale thereof acceptable to Lessor is consummated on the Termination Date with respect thereto has exercised its options pursuant to Section 28.3 Sections 19(b) or Lessee is required to purchase an Item of Equipment pursuant to Section 28.5), Lessee will(c) hereof and fully has satisfied its obligations thereunder, at its own expense, dismantle (to return the extent necessary to ship such Item of Equipment), surrender and deliver possession of each Item of Equipment to Lessor at the Redelivery Location with a certificate executed by a Responsible Officer of Lessee certifying that such Item of Equipment is in the condition required hereunder, a copy of an inventory list for each Item and all then current plans, specifications and operating, maintenance, and repair manuals and logs relating to each Item that have been prepared or received by Lessee, and with respect to any Item of Equipment which qualifies for or is subject to any manufacturer's maintenance, repair or warranty policy, within ten (i10) if such manufacturer is Lessee or an affiliate thereof Lessee shall cause such manufacturer to deliver to Lessor a statement or certificate that has been signed by an authorized representative of the manufacturer attesting to the availability of such maintenance, repair or warranty policy and (ii) if the manufacturer is not Lessee nor an affiliate of Lessee and generally provides its customers upon request a statement or certificate attesting to the availability of such maintenance, repair or warranty policy, then Lessee shall utilize its reasonable best efforts to obtain from such manufacturer such a statement or certificate. At the time of such return to Lessor, each Item of Equipment (and each part or component thereof) shall days (a) meet in the original design specifications and operating standards of such Item, (b) be in as good operating condition, state of repair and appearance same condition as when delivered to Lessee hereunder, and shall not have been subjected to excess wear and tear; provided, that ordinary wear and tear resulting from proper use thereof excepted, (b) in such operating condition as a result is capable of normal performing its originally intended use, (c) having been used, operated, serviced and customary usage is excepted; repaired in accordance with, and providedotherwise complying with, further that "ordinary wear and tear" as used herein shall not be construed as permitting any material broken, damaged or missing items or components of any Item of EquipmentSection 7 hereof, and (c) be in the condition required by Section 11 and with respect to any Item of Equipment that qualifies for or is subject to any manufacturer's maintenance, repair or warranty policy, such Item shall have been maintained and repaired in a manner consistent with such policy, (d) have no missing or damaged components such that its value, utility or remaining useful life will be reduced, (e) comply with all laws and rules referred to in Sections 10 and 11, (f) have attached or affixed thereto any addition, modification or improvement considered an accession thereto as provided in Section 12 and (g) have had removed therefrom in a workmanlike manner, (i) at Lessor's option, any addition, modification or improvement which, as provided in Section 12, is owned by Lessee, and (ii) any insignia or marking permitted pursuant to Section 9, and each Item of Equipment (and each part or component thereof), shall be free and clear of all Liens, other than Liens whatsoever except Liens resulting from claims against Lessor Liens. All operating licenses and agreements pertinent not relating to the operation ownership of each Item of Equipment, (other than non-transferable licenses to use software), that are capable of being transferred, shall be fully transferable upon the expiration of the Term to Lessor or its designee. Lessee shall transfer any such transferable license or agreement upon return of the Item of Equipment at Lessee's cost and expense. Each Item of Equipment that qualifies for or is subject to any manufacturer's maintenance, repair or warranty policy must be properly deinstalled in a manner consistent with such policy and in such a way that the Item remains eligible for or subject to such policy, as appropriate, and Lessee shall provide a certificate from a Responsible Officer certifying that each Item of Equipment was deinstalled in a manner consistent with such policy and remains eligible for or subject to such policy, as appropriate. Upon deinstallation, each Item of Equipment shall be secured properly for air or overland or other suitable transport. Each Item of Equipment shall be delivered in the manner in which is customary for such Item of Equipment. Lessee shall at its own expensereturn the Equipment by delivering it to such place within the Continental United States as Lessor shall reasonably specify. In addition to Lessor's other rights and remedies hereunder, make if the Equipment is not returned in a timely fashion, or if repairs are necessary to restore each Item place any items of Equipment to in the condition required by in this Section 6.1 prior to redelivery hereunder. Upon redeliverySection, Lessee shall provide any additional documentation continue to pay to Lessor per diem Rent at the last prevailing lease rate under the applicable Equipment Schedule with respect to such items of Equipment, for the period of delay in redelivery, or for the period of time reasonably requested by Lessornecessary to accomplish such repairs together with the cost of such repairs, at as applicable. Lessor's cost, relating to acceptance of such Rent on account of such delay or repair does not constitute a renewal of the redelivery term of the related Equipment Schedule or a waiver of Lessor's interest right to prompt return of the Equipment in each Item of Equipmentproper condition.
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Redelivery. Upon the expiration or earlier termination (a) If an Event of the Term Default occurs with respect to each Item of Equipment (unless Lessee has exercised its transfer option with respect thereto pursuant to Section 28.2 or 28.4; or a third party sale thereof acceptable to Lessor is consummated on the Termination Date with respect thereto pursuant to Section 28.3 or Schedule and Lessee is required to purchase an Item of return the Equipment pursuant described on such Schedule to Section 28.5)Lessor, Lessee willshall return such Equipment to Lessor free and clear of all Liens whatsoever, to such place(s) wiithin the continental United States as Lessor shall specify. Lessee shall provide, at its expense, dismantle (transit insurance for the redelivery period in an amount equal to the extent necessary replacement value of such Equipment and Lessor shall be named as the loss payee on all such policies of insurance. Lessee shall cause:
(1) the Supplier’s representative or other qualified person acceptable to ship Lessor (the “Designated Person”) to de-install such Item of EquipmentEquipment in accordance with the Supplier’s specifications (as applicable) and pack such Equipment properly and in accordance with the Supplier’s recommendations (as applicable), surrender ; and deliver possession of each Item of (2) such Equipment to Lessor at be transported in a manner consistent with the Redelivery Location with a certificate executed by a Responsible Officer of Lessee certifying that Supplier’s recommendations and practices (as applicable). Upon return, such Item of Equipment is in the condition required hereunder, a copy of an inventory list for each Item and all then current plans, specifications and operating, maintenance, and repair manuals and logs relating to each Item that have been prepared or received by Lessee, and with respect to any Item of Equipment which qualifies for or is subject to any manufacturer's maintenance, repair or warranty policy, shall be: (i) if such manufacturer is Lessee or an affiliate thereof Lessee shall cause such manufacturer to deliver to Lessor a statement or certificate that has been signed by an authorized representative of in the manufacturer attesting to the availability of such maintenance, repair or warranty policy and (ii) if the manufacturer is not Lessee nor an affiliate of Lessee and generally provides its customers upon request a statement or certificate attesting to the availability of such maintenance, repair or warranty policy, then Lessee shall utilize its reasonable best efforts to obtain from such manufacturer such a statement or certificate. At the time of such return to Lessor, each Item of Equipment (and each part or component thereof) shall (a) meet the original design specifications and operating standards of such Item, (b) be in as good operating condition, state of repair and appearance same condition as when delivered to Lessee hereunderunder the related Schedule, and shall not have been subjected to excess wear and tear; provided, that ordinary wear and tear as a result of normal and customary usage is excepted; and provided, further that "ordinary wear and tear" as used herein shall not be construed as permitting any material broken, damaged or missing items or components of any Item of Equipment, and (c) be in the condition required by Section 11 and with respect to any Item of Equipment that qualifies for or is subject to any manufacturer's maintenance, repair or warranty policy, such Item shall have been maintained and repaired in a manner consistent with such policy, (d) have no missing or damaged components such that its value, utility or remaining useful life will be reduced, (e) comply with all laws and rules referred to in Sections 10 and 11, (f) have attached or affixed thereto any addition, modification or improvement considered an accession thereto as provided in Section 12 and (g) have had removed therefrom in a workmanlike manner, (i) at Lessor's option, any addition, modification or improvement which, as provided in Section 12, is owned by Lessee, and (ii) any insignia mechanically and structurally sound, capable of performing the functions for which such Equipment was originally designed, in accordance with the Supplier’s published and recommended specifications (as applicable); (iii) redelivered with all component parts in good operating condition (and all components must meet or marking permitted pursuant to Section 9exceed the Supplier’s minimum recommended specifications, unless otherwise agreed by Lessor in writing); and (iv) cleaned and cosmetically acceptable, and each Item of all rust, corrosion or other contamination having been removed or properly treated, and in such condition so that it may be immediately installed and placed in service by a third party. Upon delivery, such Equipment (and each part or component thereof), shall be free in compliance with all applicable Federal, state and clear of all Lienslocal laws, other than Lessor Liens. All operating licenses and agreements pertinent to the operation of each Item of Equipment, (other than non-transferable licenses to use software), that are capable of being transferred, shall be fully transferable upon the expiration of the Term to Lessor or its designeehealth and safety guidelines. Lessee shall transfer any such transferable license or agreement upon return be responsible for the cost of the Item of Equipment at Lessee's cost all repairs, alterations, inspections, appraisals, storage charges, insurance costs, demonstration costs and expense. Each Item of Equipment that qualifies for or is subject to any manufacturer's maintenance, repair or warranty policy must be properly deinstalled in a manner consistent with such policy and in such a way that the Item remains eligible for or subject to such policy, as appropriate, and Lessee shall provide a certificate from a Responsible Officer certifying that each Item of Equipment was deinstalled in a manner consistent with such policy and remains eligible for or subject to such policy, as appropriate. Upon deinstallation, each Item of Equipment shall be secured properly for air or overland or other suitable transport. Each Item of Equipment shall be delivered in the manner in which is customary for such Item of Equipment. Lessee shall at its own expense, make repairs related costs necessary to restore each Item of cause such Equipment to be in full compliance with the condition required by terms of this Section 6.1 prior to redelivery hereunder. Upon redelivery, Lessee shall provide any additional documentation reasonably Lease.
(b) If requested by Lessor, at Lessee shall also deliver all related records and other data to Lessor's cost, relating including all records of maintenance, modifications, additions and major repairs, computerized maintenance history, and any maintenance and repair manuals (collectively, the “Records”). All manuals or other documents delivered to Lessor that are subject to periodic revision will be fully up-to-date and current to the redelivery latest revision standard of any particular manual or document. In the event any such Records are missing or incomplete, Lessor shall have the right to cause the same to be reconstructed at Lessee’s expense. (c) In addition to Lessor's interest ’s other rights and remedies hereunder, if such Equipment and the related Records are not returned in each Item of Equipment.a timely
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Sources: Master Lease Agreement (Foresight Energy Partners LP)
Redelivery. Upon (a) Unless Lessee purchases the expiration or earlier termination of the Term with respect to each Item of Equipment (unless Lessee has exercised its transfer option with respect thereto pursuant to Section 28.2 or 28.4; or a third party sale thereof acceptable to Lessor is consummated on the Termination Date with respect thereto pursuant to Section 28.3 or Lessee is required to purchase an Item of Equipment pursuant to Section 28.5)19 or remarkets the Equipment pursuant to Section 20, on the last day of the Term, whether at the end of the Basic Term or a Renewal Term in accordance with Section 20 or upon termination pursuant to Section 15, Lessee willshall, at its own risk, cost and expense, dismantle the Equipment under the supervision of the Independent Inspector (to as hereinafter defined) in accordance with generally accepted methods and procedures for deinstallation, identify the extent necessary to ship such Item of Equipment), surrender and deliver possession component parts of each Item of Equipment with appropriate tags and markings, crate, catalog and ship the Equipment using a reasonable method of transportation and redeliver the Equipment to Lessor at no more than two (2) separate locations in the Redelivery Location with a certificate executed continental United States specified in writing by a Responsible Officer Lessor at least 30 days prior to the date scheduled for shipment. Prior to such return, Lessee shall remove all Alterations or property incorporated or installed in or attached to the Equipment that are not owned by, or not being purchased by, Lessor pursuant to Section 7(g)(iii) hereof, and any Alterations or property not so removed that are owned by Lessee shall become the property of Lessee certifying that such Item of Lessor. In the event the Equipment is in neither purchased nor remarketed and such Alterations or property are turned over to Lessor, they shall become the condition required hereunder, a copy property of an inventory list for each Item and all then current plans, specifications and operating, maintenance, and repair manuals and logs relating to each Item that have been prepared or received by Lessee, and with respect to any Item of Equipment which qualifies for or is subject to any manufacturer's maintenance, repair or warranty policy, (i) if such manufacturer is Lessee or an affiliate thereof Lessee shall cause such manufacturer to deliver to Lessor a statement or certificate that has been signed by an authorized representative of the manufacturer attesting to the availability of such maintenance, repair or warranty policy and (ii) if the manufacturer is not Lessee nor an affiliate of Lessee and generally provides its customers upon request a statement or certificate attesting to the availability of such maintenance, repair or warranty policy, then Lessee shall utilize its reasonable best efforts to obtain from such manufacturer such a statement or certificateLessor. At the time of such return to Lessorreturn, each Item of the Equipment (and each part or component thereof) shall (a) meet the original design specifications and operating standards of such Item, (b) be in as good operating condition, state of repair and appearance as when delivered to Lessee hereunder, and shall not have been subjected to excess wear and tear; provided, that ordinary wear and tear as a result of normal and customary usage is excepted; and provided, further that "ordinary wear and tear" as used herein shall not be construed as permitting any material broken, damaged or missing items or components of any Item of Equipment, and (c) be in the condition required by Section 11 and with respect to any Item of Equipment that qualifies for or is subject to any manufacturer's maintenance, repair or warranty policy, such Item shall have been maintained and repaired in a manner consistent with such policy, (d) have no missing or damaged components such that its value, utility or remaining useful life will be reduced, (e) comply with all laws and rules referred to in Sections 10 and 11, (f) have attached or affixed thereto any addition, modification or improvement considered an accession thereto as provided in Section 12 and (g) have had removed therefrom in a workmanlike manner, (i) at Lessor's option, any addition, modification or improvement which, as provided in Section 12, is owned by Lessee, and (ii) any insignia or marking permitted pursuant to Section 9, and each Item of Equipment (and each part or component thereof), shall be free and clear of all Liens, Liens other than Lessor Liens. All operating licenses , (ii) shall be in compliance with all the terms hereof, and agreements pertinent (iii) will be in a condition such that it can perform to the operation manufacturer's tolerances and specifications for or applicable to comparable equipment of each Item of Equipmentlike age, (usage and configuration and so that it may be promptly installed and placed into use in an operating environment similar to that under which it was used during the Term without the need for refurbishment or overhaul, other than non-transferable licenses to use software), that are capable minor repairs and adjustments which would ordinarily be expected in connection with a relocation of being transferred, shall be fully transferable upon similar equipment. In connection with the expiration of the Term to Lessor or its designee. Lessee shall transfer any such transferable license or agreement upon return of the Equipment, the Lessee shall cause, at its own expense, any Hazardous Materials used or stored in conjunction with the Equipment to be removed, transported and disposed of in accordance with Applicable Laws. Simultaneously with the return of the Equipment, Lessee shall deliver to Lessor a copy of the manufacturer's operating manuals, plans and specifications, maintenance records, operating logs, and similar documentation with respect to such Equipment, and all maintenance manuals and logs and similar documentation necessary for the continued maintenance or operation of such Equipment. Effective at the time such return is required, Lessee at its own cost and expense shall assign or sublicense to the extent legally permitted or otherwise use commercially reasonable efforts to secure for the benefit of Lessor and its successors and assigns any software licenses necessary for the normal operation of the Equipment by Lessor (or such successors and assigns).
(b) If Lessee is returning the Equipment pursuant to the terms hereof, Lessee shall arrange, at its own cost and expense for delivery to Lessor of a complete inventory of the Equipment and for the Equipment to be inspected by an independent licensed engineer experienced in evaluating equipment comparable to the Equipment (an "Independent Inspector") selected by Lessee and reasonably acceptable to the Lessor to inspect the Equipment in order to determine whether it meets the requirements of subclauses (ii) and (iii) of clause (a) above, that the operating software is currently at the latest specifications by the manufacturer of the Equipment for such software, that all fluid, air and gas lines are fluid-tight and air-tight, the Equipment is properly coated with a protective coating of paint or similar coating, and the Equipment is free from damage, dents, tears and the like other than insignificant matters ordinarily expected of equipment of similar age and use. In addition, the Independent Inspector will be provided with a copy of the preventive maintenance plan for the Equipment showing maintenance, repairs, replacements and refurbishments over at least the last two (2) years prior to return. If the Independent Inspector finds the Equipment meets with the provisions specified above, the Equipment will be deemed "returnable". If any Item of Equipment does not meet such requirements, the Independent Inspector will prepare a list of deficiencies for the Lessee to repair or replace and the Lessee shall at Lessee's its own cost and expense. Each Item of Equipment that qualifies for expense complete such repairs or is subject to any manufacturer's maintenance, repair or warranty policy must be properly deinstalled replacements in a good and workmanlike manner consistent with prior to the end of the Term. Until Lessee completes such policy repairs and in returns, any such a way that the Item remains eligible for or subject to such policy, as appropriate, and Lessee shall provide a certificate from a Responsible Officer certifying that each Item of Equipment was deinstalled in a manner consistent with such policy and remains eligible for or subject to such policy, as appropriate. Upon deinstallation, each Item of Equipment shall not be secured properly deemed "returnable".
(c) If for air or overland or other suitable transport. Each any reason Lessee shall not have returned any Item of Equipment as required pursuant to the provisions of this Section 13 on the required day (including any failure to comply with the first paragraph of this Section 13), Lessee shall pay to Lessor on demand additional rent for such Item of Equipment on a per diem basis for each day after such day until full compliance with this Section 13, which rent shall be delivered in an amount per day equal to 110% of the manner average daily rate of Fixed Rate Renewal Rent for such Item of Equipment for a return at the end of the Basic Term or any Fixed Rate Renewal Term, such compensation to be in which is customary addition to and not a substitute for such liability as Lessee may have as a result of such failure to return such Item of Equipment. Without limiting the generality of any of the other terms of this Lease, Lessee shall at be liable for any costs and expenses (including reasonable legal fees and expenses) incurred by Lessor as a result of the failure of Lessee duly to perform and comply with any of the terms of this Section 13. The provisions of this Section 13(c) do not waive Lessor's right of re-entry or right to regain possssion by actions of law or in equity or any other rights hereunder.
(d) Lessor may assign its own expense, make repairs necessary to restore each rights under this Section 13 in respect of any Item of Equipment and any rights it may have for the failure of Lessee to maintain such Item of Equipment in accordance with the terms hereof to any Person who leases or purchases or agrees to lease or purchase such Item of Equipment from Lessor. Lessee agrees that subject to the condition confidentiality provisions contained herein, it will cooperate in all reasonable respects with efforts of Lessor to lease or sell the Equipment, including aiding qualified potential lessees or purchasers by providing access to the Equipment as then being used and to the records relating to maintenance and performance for inspection during normal working hours upon prior written notice to Lessee (but in no event shall Lessee be required to take or permit any actions that would unreasonably disrupt or interfere with its or its Affiliates' ability to conduct business in the ordinary course) and by cooperating, at the expense of Lessor, in the obtaining of all orders, licenses, consents, authorizations, approvals or exemptions under or by any Governmental Authority which may be necessary in connection with any potential lease or purchase of the Equipment.
(e) Without limiting the provisions of Section 15 hereof, upon the termination of this Lease pursuant to Section 15 hereof, at the written request of Lessor, Lessee will provide, at no cost to Lessor, storage of the Equipment, indoors, at its then current location for a period not to exceed six months.
(f) The obligations of Lessee under this Section 6.1 13 shall survive the termination of this Lease.
(g) Notwithstanding the foregoing, in lieu of accepting return of any or all of the Equipment, Lessor may, if specified in writing signed by the Lessor at least 30 days prior to redelivery hereunder. Upon the date scheduled for redelivery, abandon some or all of the Equipment specified in such notice to Lessee in which case Lessor shall transfer all of its right, title and interest in such Equipment to Lessee, without representation or warranty except as to absence of Lessor's Liens and Lessor shall deliver to Lessee a bill of sale transferring and assigning to Lessee without recourse ▇▇ ▇arranty (except as to absence of Lessor's Liens) all of Lessor's right, title and interest thereto, and without further act, Lessee shall provide any additional documentation reasonably requested by Lessor, at Lessor's cost, relating have been deemed to the redelivery of or Lessor's interest in each Item of have fully complied with its obligations under this Section 13 with respect to such Equipment.
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