Common use of Use and repairs Clause in Contracts

Use and repairs. Lessee shall exercise due care in the installation, use, operation and maintenance of the Equipment, and shall not install, use, operate or maintain the Equipment improperly, carelessly or for a purpose or in a manner contrary to that contemplated by this Agreement or the Manufacturer, and shall comply with all laws, ordinances, insurance policies and regulations relating to, any applicable prevailing industry standards and Manufacturer’s specifications for, and will pay all cost, claims, damages, fees and charges arising out of, its possession, use or maintenance. Lessee shall obtain all permits and licenses necessary for the installation, operation, possession and use of the Equipment. At Lessee’s cost and expense, Lessee shall maintain the Equipment in good repair and working order, and shall promptly provide all parts, upgrades, modifications, environments and software required or recommended now and hereafter by the Manufacturer. Lessor shall have no responsibility to, and Lessee will, at its expense and expeditiously, keep the Equipment in good repair, and in a condition suitable for certification by the Manufacturer thereof (if certification is available), and furnish all parts, mechanisms and devices required therefor, which must be free and clear of all Liens (as defined herein) and of a value and utility at least equal to the parts being replaced (assuming that such replaced parts and accessories were otherwise in good working order and repair), and which shall be deemed to be incorporated immediately into and to constitute an integral portion of the Equipment and, as such, shall be subject to the terms of this Agreement. If the Equipment is such as is customarily covered by a maintenance agreement, Lessee will furnish Lessor with a maintenance agreement with a party satisfactory to Lessor. Lessee shall not use any item of Equipment to haul, convey, store, treat, transport or dispose of any “hazardous substances” or “hazardous waste” as such terms are defined in any federal, state or local law, rule or regulation pertaining to the protection of the environment (together, “Environmental Laws”). Lessee agrees that if Lessee is required to deliver any item of Equipment to Lessor or its agent, the Equipment shall be delivered free of any substances which are regulated by or form a basis for liability under any Environmental Law. Lessee shall comply with all licenses and copyright requirements of any software used in connection with the Equipment.

Use and repairs. Lessee shall exercise due care in the installation, use, operation and maintenance of the Equipment, and shall not install, use, operate or maintain the Equipment improperly, carelessly or for a purpose or in a manner contrary to that contemplated by this Agreement or the Manufacturer, Manufacturer and shall comply with all laws, ordinances, insurance policies and regulations relating to, any applicable prevailing industry standards and Manufacturer’s specifications for, and will pay all cost, claims, damages, fees and charges arising out of, its possession, use or maintenance. Lessee shall obtain all permits and licenses necessary for the installation, operation, possession and use of the Equipment. At Lessee’s cost and expense, Lessee shall maintain the Equipment in good repair and working order, and shall promptly provide all parts, upgrades, modifications, environments modifications and software required or recommended now and hereafter by the Manufacturer. Lessor shall have no responsibility to, and Lessee will, at its expense and expeditiously, keep the Equipment in good repair, repair and in a condition suitable for certification by the Manufacturer thereof (if certification is available), ) and furnish all parts, mechanisms and devices required therefor, which must be free and clear of all Liens (as defined herein) and of a value and utility at least equal to the parts being replaced (assuming that such replaced parts and accessories were otherwise in good working order and repair), and which shall be deemed to be incorporated immediately into and to constitute an integral portion of the Equipment and, as such, shall be subject to the terms of this Agreement. If the Equipment is such as is customarily covered by a maintenance agreement, Lessee will furnish Lessor with a maintenance agreement with a party satisfactory to Lessor. Lessee shall not use any item of Equipment to haul, convey, store, treat, transport or dispose of any “hazardous substances” or “hazardous waste” as such terms are defined in any federal, state or local law, rule or regulation pertaining to the protection of the environment (together, “Environmental Laws”)Law. Lessee agrees that if Lessee is required to deliver any item of Equipment to Lessor or its agent, the Equipment shall be delivered free of any substances which are regulated by or form a basis for liability under any Environmental Law. Lessee shall comply with all licenses and copyright requirements of any software used in connection with the Equipment.