Common use of USE AND MAINTENANCE Clause in Contracts

USE AND MAINTENANCE. Lessee shall use the Equipment solely in the conduct of its business and in a careful and proper manner consistent with the requirements of all applicable insurance policies shall only permit qualified personnel to operate the Equipment and shall not discontinue the use of the Equipment during the Lease Term. Lessee will not modify the Equipment in any way without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Lessee shall not attach or incorporate the Equipment to or in any other item of equipment or software in such a manner that the Equipment becomes or may be deemed to have become an accession to or a part of such other item of equipment or software. At its own expense, Lessee will cause the Equipment to be kept, used and maintained as recommended by Manufacturer and Manufacturer's maintenance manuals and plans by competent and duly qualified personnel only approved by Manufacturer in accordance with applicable governmental regulations, if any, and for business purposes only and in as good operating condition as when delivered to Lessee hereunder, ordinary wear and tear resulting from proper use alone excepted and will provide all maintenance and service and make all repairs or replacements reasonably necessary for such purpose. Lessee shall record in a log book all maintenance and repair performed on the Equipment and deliver the same to Lessor from time to time as requested by Lessor and upon termination of the Lease. If any parts or accessories forming part of the Equipment become worn out, lost, destroyed, damaged beyond repair or otherwise permanently rendered unfit for use, Lessee, at its own expense, shall within a reasonable time cause such parts or accessories to be replaced by replacement parts or accessories which are free and clear of all liens, encumbrances or rights of others and have a utility at least equal to the parts or accessories replaced. All equipment, software accessories, upgrades, parts and replacements for or which are added to or become attached to the Equipment, which are essential to the operation of the Equipment or which cannot be detached from the Equipment without materially interfering with the operation of the Equipment or adversely affecting the value and utility which the Equipment would have had without the addition thereof, shall immediately become the property of Lessor, and shall be deemed incorporated in the Equipment and subject to the items of this Agreement and the related Lease as if originally leased hereunder. Lessee shall not make any material alterations to the Equipment without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Upon reasonable advance notice, Lessor shall have the right to inspect the Equipment, log book and all other maintenance records with respect thereto, if any, at any reasonable time during normal business hours. In the event the Lease Payments include the cost of maintenance and/or service being provided by Vendor and/or Manufacturer, Lessee acknowledges that Lessor is not responsible for providing any required maintenance and/or service for the Equipment. Lessee shall make all claims for service and/or maintenance solely to Vendor and/or Manufacturer and Lessee's obligation to make all required Lease Payments shall remain unconditional.

USE AND MAINTENANCE. Lessee shall use the Equipment solely in the conduct of its business and in a careful and proper manner consistent with the requirements of all applicable insurance policies shall only permit qualified personnel relating to operate the Equipment and shall not discontinue the use of the Equipment during the Lease TermEquipment. Lessee will not modify change the location of any Equipment as specified in any way the Schedule without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Lessee shall not attach or incorporate the Equipment to or in any other item of equipment or software Equipment in such a manner that the Equipment becomes or may in Lessor's opinion be deemed to have become an accession to or a part of such other item of equipment or softwareequipment. At its own expenseAll Equipment shall be continually serviced, Lessee will cause the Equipment to be keptmaintained, used repaired, and maintained as recommended by Manufacturer and Manufacturer's maintenance manuals and plans by competent and duly qualified personnel only approved by Manufacturer improved in accordance with the requirements, guidelines and recommendations of its manufacturer and/or applicable governmental regulationsregulatory bodies, and as Lessor may reasonably consider customary and in accordance with then current practices of users of similar equipment, and in any event sufficient to preserve any applicable warranty. Unless Lessor otherwise agrees in writing, Lessee shall, at its sole expense, enter into and maintain in force, a maintenance contract with the manufacturer of the Equipment or such other party as shall be acceptable to Lessor, and shall provide Lessor with a copy of such contract and all supplements thereto which are applicable to the Equipment. In addition, if any, and for business purposes only and in as good operating condition as when delivered to Lessee hereunder, ordinary wear and tear resulting from proper use alone excepted and will provide all maintenance and service and make all repairs or replacements reasonably necessary for such purpose. Lessee shall record in a log book all maintenance and repair performed on the Equipment and deliver the same to Lessor from time to time as requested by Lessor and upon termination of the Lease. If any parts or accessories forming part of the Equipment shall from time to time become worn out, lost, destroyed, damaged beyond repair or otherwise permanently rendered unfit for use, Lessee, at its own expense, shall will within a reasonable time cause replace such parts or accessories accessories, or cause the same to be replaced replaced, by replacement parts or accessories which are free and clear of all liens, encumbrances or rights of others and have a value and utility at least equal to the parts or accessories replaced. All equipment, software accessories, upgrades, parts and replacements for or which are added to or become attached to the Equipment, Equipment which are essential to the operation of the Equipment or which cannot be detached from the Equipment without materially interfering with the operation of the Equipment or adversely affecting the value and utility which the Equipment would have had without the addition thereof, shall immediately become the property of Lessor, and shall be deemed incorporated in the Equipment and subject to the items terms of this Agreement and the related Lease as if originally leased hereunderthereunder. Lessee shall not make any material alterations to the Equipment without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Upon reasonable advance notice, Lessor shall have the right to may inspect the Equipment, log book Equipment and all other maintenance related records with respect thereto, if any, at any reasonable time during normal business hours. In the event the Lease Payments include the cost of maintenance and/or service being provided by Vendor and/or Manufacturer, Lessee acknowledges that Lessor is not responsible for providing any required maintenance and/or service for the Equipment. Lessee shall make all claims for service and/or maintenance solely to Vendor and/or Manufacturer and Lessee's obligation to make all required Lease Payments shall remain unconditionaltime.

USE AND MAINTENANCE. Lessee CUSTOMER shall use not use, operate, maintain or store the Equipment solely improperly, carelessly, or in violation of any applicable law or regulation or for any purpose other than in the conduct of its business and in a careful and proper manner consistent with the requirements of all applicable insurance policies shall only permit qualified personnel to operate the Equipment and shall not discontinue the use of the Equipment during the Lease TermCUSTOMER’s business. Lessee will not modify the Equipment in any way without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Lessee shall not attach or incorporate the Equipment to or in any other item of equipment or software in such a manner that the Equipment becomes or may be deemed to have become an accession to or a part of such other item of equipment or software. At its own expense, Lessee will cause the Equipment to be kept, used and maintained as recommended by Manufacturer and Manufacturer's maintenance manuals and plans by competent and duly qualified personnel only approved by Manufacturer in accordance with applicable governmental regulations, if any, and for business purposes only and in as good operating condition as when delivered to Lessee hereunder, ordinary wear and tear resulting from proper use alone excepted and will provide all maintenance and service and make all repairs or replacements reasonably necessary for such purpose. Lessee shall record in a log book all maintenance and repair performed on the Equipment and deliver the same to Lessor from time to time as requested by Lessor and upon termination of the Lease. If any parts or accessories forming part of the Equipment become worn out, lost, destroyed, damaged beyond repair or otherwise permanently rendered unfit for use, LesseeCUSTOMER, at its own expense, shall within a reasonable time cause such parts or accessories to be replaced by replacement parts or accessories which are free maintain the Equipment in good operating order, repair and clear of all liens, encumbrances or rights of others condition and have a utility shall perform maintenance at least equal to as frequently as stated in the parts applicable operator’s guide, service manual or accessories replacedmaintenance guide. All equipment, software accessories, upgrades, parts and replacements for CUSTOMER shall immediately notify CARRIER of any known or which are added to or become attached to suspected condition of the Equipment, which are essential including broken or worn parts, that impairs or may impair the Equipment’s ability to operate in such good order. Unless otherwise agreed in writing, CUSTOMER, at its own expense, shall supply and install all necessary fluids, fuel, lubricants and anti -freeze protection, as required to operate the Equipment in such good order, repair and condition and shall be responsible for the proper disposal of all such fluids, fuel, lubricants, anti-freeze protection and any other material generated during the term of this Agreement. Notwithstanding any provisions contained herein to the operation contrary: If the Equipment requires maintenance or repair while in CUSTOMER’s possession and (i) CUSTOMER elects to return the Equipment to CARRIER, CARRIER may provide for the replacement of the Equipment, if available, and CUSTOMER shall be responsible for all applicable transportation costs incurred by CARRIER in providi ng such replacement Equipment; or (ii) CUSTOMER requests that CARRIER perform the required maintenance, CUSTOMER shall be charged travel time, mileage, labor and parts associated with such maintenance provided by CARRIER. CUSTOMER shall not alter the Equipment or affix any accessory to it if doing so will impair its originally intended function or use or reduce its value. Any alteration made or accessory affixed shall be the sole responsibility of, and at the sole risk of, the CUSTOMER. The CUSTOMER shall return the Equipment to its original configured state by reversing any such alteration to and/or removing any such accessory from the Equipment along with cleaning the Equipment prior to its return to CARRIER. CUSTOMER shall not sublease the Equipment, permit the use of the Equipment by anyone other than CUSTOMER or which cannot be detached from change the Equipment without materially interfering with the operation use or location of the Equipment or adversely affecting the value and utility which the Equipment would have had without the addition thereof, shall immediately become the property of Lessor, and shall be deemed incorporated specified in the Equipment and subject to the items of this Agreement and the related Lease as if originally leased hereunder. Lessee shall not make any material alterations to the Equipment Agreement, without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Upon reasonable advance notice, Lessor shall have the right to inspect the Equipment, log book and all other maintenance records with respect thereto, if any, at any reasonable time during normal business hours. In the event the Lease Payments include the cost of maintenance and/or service being provided by Vendor and/or Manufacturer, Lessee acknowledges that Lessor is not responsible for providing any required maintenance and/or service for the Equipment. Lessee shall make all claims for service and/or maintenance solely to Vendor and/or Manufacturer and Lessee's obligation to make all required Lease Payments shall remain unconditionalCARRIER.

USE AND MAINTENANCE. Lessee Prime Lessee/Sublessor shall at its sole ------------------- expense at all times during the term hereof maintain the Leased Systems in good operating order, repair, condition and appearance in accordance with the operation and technical manuals provided by Prime Lessee/Sublessor to its Centers and Associated Centers. Prime Lessee/Sublessor shall protect the Leased Systems from deterioration, other than normal wear and tear. Prime Lessee/Sublessor shall not use the Equipment solely Leased Systems for any purpose other than that for which they were designed and shall not perform, or permit the performance of, any dental procedure or indication for which Prime Lessee/Sublessor shall not have received all necessary approvals or otherwise in violation of any policy or procedure imposed by Prime Lessee/Sublessor on its Centers and Associated Centers. Without the prior written consent of EVL, the Leased Systems shall be used by Prime Lessee/Sublessor only in the United States and only in the ordinary conduct of its business business. Prime Lessee/Sublessor shall make all adjustments, repairs and replacements to the Leased Systems which are required in a careful order to comply with Prime Lessee/Sublessor's operating manuals or which Prime Lessee/Sublessor otherwise makes to BriteSmile Systems owned by it and proper manner consistent licensed to its Centers and Associated Centers and/or which are required in order to comply with applicable law. Any alteration, addition, improvement, adjustment, repairs or replacements to the requirements Leased Systems shall without further action become the property of all applicable insurance policies shall only permit qualified personnel to operate the Equipment EVL, free and shall not discontinue the use clear of the Equipment during the Lease Termany lien, charge or other encumbrance. Lessee Prime Lessee/Sublessor will not modify the Equipment in any way not, without the prior written consent of LessorEVL, which consent affix or permit the affixation of the Leased Systems to any real property if, as a result thereof, the Leased Systems will become a fixture under applicable law. Prime Lessee/Sublessor acknowledges and agrees that EVL shall not be unreasonably withheld. Lessee shall not attach or incorporate entitled to file such financing statements as it deems appropriate to protect its interest in the Equipment Leased Systems and agrees to or in any other item of equipment or software in such a manner that the Equipment becomes or may be deemed to have become an accession to or a part of such other item of equipment or software. At its own expense, Lessee will cause the Equipment to be kept, used execute and maintained as recommended deliver all financing statements and comparable documents reasonably requested by Manufacturer and Manufacturer's maintenance manuals and plans by competent and duly qualified personnel only approved by Manufacturer in accordance with applicable governmental regulations, if any, and for business purposes only and in as good operating condition as when delivered to Lessee hereunder, ordinary wear and tear resulting from proper use alone excepted and will provide all maintenance and service and make all repairs or replacements reasonably necessary EVL for such purpose. Lessee shall record in a log book all maintenance and repair performed on the Equipment and deliver the same to Lessor from time to time as requested by Lessor and upon termination of the Lease. If any parts or accessories forming part of the Equipment become worn out, lost, destroyed, damaged beyond repair or otherwise permanently rendered unfit for use, Lessee, at its own expense, shall within a reasonable time cause such parts or accessories to be replaced by replacement parts or accessories which are free and clear of all liens, encumbrances or rights of others and have a utility at least equal to the parts or accessories replaced. All equipment, software accessories, upgrades, parts and replacements for or which are added to or become attached to the Equipment, which are essential to the operation of the Equipment or which cannot be detached from the Equipment without materially interfering with the operation of the Equipment or adversely affecting the value and utility which the Equipment would have had without the addition thereof, shall immediately become the property of Lessor, and shall be deemed incorporated in the Equipment and subject to the items of this Agreement and the related Lease as if originally leased hereunder. Lessee shall not make any material alterations to the Equipment without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Upon reasonable advance notice, Lessor shall have the right to inspect the Equipment, log book and all other maintenance records with respect thereto, if any, at any reasonable time during normal business hours. In the event the Lease Payments include the cost of maintenance and/or service being provided by Vendor and/or Manufacturer, Lessee acknowledges that Lessor is not responsible for providing any required maintenance and/or service for the Equipment. Lessee shall make all claims for service and/or maintenance solely to Vendor and/or Manufacturer and Lessee's obligation to make all required Lease Payments shall remain unconditional.

USE AND MAINTENANCE. Lessee The SUPPLIER shall be solely responsible for the use and maintenance of the SUPPLIER-provided equipment provided herein, and for the use and maintenance of any and all equipment provided by sub-contractors to the SUPPLIER; the SUPPLIER shall not use, operate, maintain, or store the SUPPLIER-provided Equipment solely improperly, carelessly, or in violation of any applicable law or regulation or for any purpose other than in the conduct of its business and in a careful and proper manner consistent with the requirements of all applicable insurance policies Event. The CUSTOMER shall only permit qualified personnel to operate the Equipment and shall not discontinue be solely responsible for the use and maintenance of the Equipment during the Lease Term. Lessee will not modify the Equipment in any way without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Lessee shall not attach or incorporate the Equipment to or in any other item of CUSTOMER-provided equipment or software in such a manner that the Equipment becomes or may be deemed to have become an accession to or a part of such other item of equipment or software. At its own expense, Lessee will cause the Equipment to be kept, used and maintained as recommended by Manufacturer and Manufacturer's maintenance manuals and plans by competent and duly qualified personnel only approved by Manufacturer in accordance with applicable governmental regulations, if anyprovided herein, and for business purposes only the use and maintenance of any and all equipment provided by sub-contractors to the CUSTOMER; the CUSTOMER shall not use, operate, maintain, or store the CUSTOMER-provided equipment improperly, carelessly, or in as good operating condition as when delivered to Lessee hereunder, ordinary wear and tear resulting from proper use alone excepted and will provide all maintenance and service and make all repairs violation of any applicable law or replacements reasonably necessary regulation or for such purpose. Lessee shall record any purpose other than in a log book all maintenance and repair performed on the Equipment and deliver the same to Lessor from time to time as requested by Lessor and upon termination conduct of the LeaseEvent. If The CUSTOMER and the SUPPLIER shall not alter the Event-related equipment or affix any parts accessory to it if doing so would impair its originally intended function or accessories forming part use or reduce its value. Any such graphics that the CUSTOMER shall attach to the SUPPLIER’S dasher boards, ice resurfacer, or other Equipment shall be of the Equipment become worn out, lost, destroyed, damaged beyond repair or otherwise permanently rendered unfit for use, Lessee, at its own expense, shall within a reasonable time cause such parts or accessories proper specification to be replaced by replacement parts or accessories which are free and clear of all liens, encumbrances or rights of others and have a utility at least equal to removed upon the parts or accessories replaced. All equipment, software accessories, upgrades, parts and replacements for or which are added to or become attached to the Equipment, which are essential to the operation conclusion of the Equipment Event; if not removed, the CUSTOMER shall be liable for the costs for the SUPPLIER to remove such graphics, or which for the costs to replace such dasher board facings if such graphics cannot be detached from the Equipment without materially interfering with the operation of the Equipment or adversely affecting the value and utility which the Equipment would have had without the addition thereof, shall immediately become the property of Lessor, and sufficiently removed for dasher board re-use by others. If there shall be deemed incorporated in damage to any SUPPLIER Equipment due to power surges, irregular power supply, or power failures, the Equipment and subject CUSTOMER shall be liable for any cost to the items of this Agreement and the related Lease as if originally leased hereunder. Lessee shall not make any material alterations to the Equipment without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Upon reasonable advance notice, Lessor shall have the right to inspect the repair or replace such Equipment, log book and all other maintenance records with respect thereto, if any, at any reasonable time during normal business hours. In the event the Lease Payments include the cost of maintenance and/or service being provided by Vendor and/or Manufacturer, Lessee acknowledges that Lessor is not responsible for providing any required maintenance and/or service for the Equipment. Lessee shall make all claims for service and/or maintenance solely to Vendor and/or Manufacturer and Lessee's obligation to make all required Lease Payments shall remain unconditional.

USE AND MAINTENANCE. Lessee shall use the Equipment System solely in the conduct of its business and in a careful and proper manner consistent with the requirements of all applicable insurance policies and shall only permit qualified personnel to operate the Equipment and shall not discontinue the use of the Equipment during the Lease TermSystem. Lessee will not modify the Equipment System in any way without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Lessee shall not attach or incorporate the Equipment to or in any other item of equipment or software in such a manner that the Equipment becomes or may be deemed to have become an accession to or a part of such other item of equipment or software. At its own expense, Lessee will cause the Equipment System to be kept, used and maintained as recommended by the Manufacturer and Manufacturer's maintenance manuals and plans by competent and duly qualified personnel only approved by Manufacturer the Manufacturer, in accordance with applicable governmental regulations, if any, and for business purposes only and in as good operating condition as when delivered to Lessee hereunder, ordinary wear and tear resulting from proper use alone excepted excepted, and will provide all maintenance and service and make all repairs or replacements reasonably necessary for such purpose. Lessee shall record in a log book all maintenance and repair performed on the Equipment System and deliver the same to Lessor from time to time as requested by Lessor and upon termination of the Lease. If any parts or accessories forming part of the Equipment System become worn out, lost, destroyed, damaged beyond repair or otherwise permanently rendered unfit for use, Lessee, at its own expense, shall within a reasonable time cause such parts or accessories to be replaced by replacement parts or accessories which are free and clear of all liens, encumbrances or rights of others and have a utility at least equal to the parts or accessories replaced. All equipment, software accessories, upgrades, parts and replacements for or which are added to or become attached to the EquipmentSystem, which are essential to the operation of the Equipment System or which cannot be detached from the Equipment System without materially interfering with the operation of the Equipment System or adversely affecting the value and utility which the Equipment System would have had without the addition thereof, shall immediately become the property of Lessor, and shall be deemed incorporated in the Equipment System and subject to the items terms of this Agreement and the related Lease as if originally leased hereunder. Lessee shall not make any material alterations to the Equipment System without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Upon reasonable advance notice, Lessor shall have the right to inspect the EquipmentSystem, log book and all other maintenance records with respect thereto, if any, at any reasonable time during normal business hours. In the event the Lease Payments include the cost of maintenance and/or service being provided by Vendor and/or Manufacturer, Lessee acknowledges that Lessor is not responsible for providing any required maintenance and/or service for the EquipmentSystem. Lessee shall make all claims for service and/or maintenance solely to the Vendor and/or Manufacturer and Lessee's obligation to make all required Lease Payments shall remain unconditional.