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• Equipment may not be subleased at any time.The cost of comparable delegation,sublease,pledge,security inter� ` " `' ' - `
<br /> new Equipment,as well as any associated legal and/or collection costs such consent shall be void. 6.�.D. - Pag@ 39
<br /> incurred by us or the owner of the Equipment,will be assessed to you e. You shall comply with all governmental laws,rules and regulations
<br /> for each piece of equipment not returned upon termination of the relating to the use of the Equipment.You are also responsible for
<br /> Agreement by either party,or upon request for the return of the obtaining all legally required permits for the Equipment.
<br /> Equipment for any reason.
<br /> f. We or our representatives may,at any time,enter your premises for
<br /> • You may not relocate,remove,disconnect,modify or in any way alter purposes of inspecting,examining or repairing the Equipment.
<br /> any Equipment used in connection with the services we are providing
<br /> to you without first obtaining our permission. g. Promptly upon termination of all applicable rental periods or promptly
<br /> following any action by us pursuant to Section 31.11(b),you shall
<br /> • You must provide us with thirty(30)days prior written notice to deliver possession of the Rental Equipment(including all attachments
<br /> request the relocation of any Equipment. and parts)to us at your cost in the same operating order,repair,
<br /> • Should you require additional Equipment,you must contact condition and appearance that the Rental Equipment had at the time
<br /> Relationship Management or Customer Service(there may be of its delivery to you,reasonable wear and tear excepted.
<br /> additional costs or fees charged to you in connection with any new h. For each item of Rental Equipment that you fail to return to us at your
<br /> Equipment ordered,including download fees). cost in the same operating order,repair,condition and appearance
<br /> 31.5. Payment of Amounts Due. that it had at the time of delivery to you,reasonable wear and tear
<br /> a. The monthly rental charge specified in the Merchant Agreement shall excepted,by the 10th Business Day after(i)termination of the
<br /> be due and payable on the first day of each month of the rental period applicable rental period,or(ii)any action by us pursuant to Section
<br /> for each piece of Rental Equipment,except that the first payment of 31.11(b),you agree to pay us the greater of$250 or the fair market
<br /> the monthly rental charge for each piece of Rental Equipment shall be value of such item of Equipment if it were in the condition described
<br /> due and payable upon acceptance of such Equipment by you at the above,as determined by us.We may collect such amounts in the
<br /> location designated in the Merchant Agreement or,upon delivery if manner provided in Section 31.5 and to the extent we are unable to
<br /> the site is not prepared for installation(as provided in Section 313). do so,you agree to pay us the amounts owed promptly.
<br /> The monthly rental charge for fractions of a calendar month shall be i. Except for Purchased Equipment that has been paid for in full,the
<br /> prorated based on a thirty(30)day month. Equipment shall remain our personal property and shall not under any
<br /> b. You hereby authorize us to collect all amounts due from you under this circumstances be considered to be a fixture affixed to your real estate.
<br /> Equipment Agreement by initiating debit entries for such amounts to You shall permit us to affix suitable labels or stencils to the Equipment
<br /> your account designated pursuant to the Merchant Agreement to be indicating our ownership.
<br /> debited and credited for amounts due from and to you under the j. You shall keep the Equipment adequately insured against loss by fire,
<br /> Merchant Agreement(the"Settlement Account")or by deducting such theft and all other hazards(comprehensive coverage).The loss,
<br /> amounts from amounts due to you from TeleCheck or Servicers.All destruction,theft of or damage to the Equipment shall not relieve you
<br /> authorizations and other provisions in your Merchant Agreement from your obligation to pay the full purchase price or rent payable
<br /> regarding the debiting and crediting of your Settlement Account apply hereunder.
<br /> with equal force with respect to amounts due to or from you under k. Except for Purchased Equipment that has been paid in full,the
<br /> this Equipment Agreement.This authority will remain in full force and Equipment shall be kept at the address indicated in the Merchant
<br /> effect until we have given written notice to your bank where your Agreement and shall not be removed from there without our prior
<br /> Settlement Account is maintained that all monies due from you under Written consent(except where normal use of the Equipment requires
<br /> this Equipment Agreement have been paid in full. temporary removal).
<br /> c. In addition to the purchase price or monthly rental charge due here- I. In order to return equipment,you should:
<br /> under,you shall pay,or reimburse us for,amounts equal to any taxes,
<br /> levies,duties or assessments,however designated,levied or based on • Call Customer Service for the address of the location to send the
<br /> such charges,or on this Equipment Agreement or the Equipment and equipment.
<br /> related supplies or any services,use or activities hereunder,including • The following information must be included within the shipping
<br /> without limitation,state and local sales,use,property,privilege and box:
<br /> excise taxes,exclusive,however,of taxes based on our net income.
<br /> 1. Company name,complete address and phone number.
<br /> d. As indicated in the Merchant Agreement,separate charges will apply
<br /> for supplies;they are not included in monthly rental charges. Z• Name of person to contact if there are any questions.
<br /> 31.6. Use and Return of Equipment;Insurance. 3. Your Merchant Account Number.
<br /> a. You shall cause the Equipment to be operated by competent and 4. Serial number of the terminal(found on the underside of the
<br /> qualified personnel in accordance with any operating instructions terminal).
<br /> furnished by us or the manufacturer and in connection with the • Please maintain proof of delivery documents for your records,and
<br /> services provided under your Merchant Agreement.You shall not use the serial number from the bottom of the terminal.
<br /> the Equipment,or permit the Equipment to be used,in any manner or . Rental fees may be continued until equipment is returned.
<br /> for any purpose for which the Equipment is not designed or
<br /> reasonably suited. Payment acquisition and processing equipment and software,sourced
<br /> from Servicers or from a third party,is subject to obsolescence due to
<br /> b. You shall not permit any physical alteration or modification of the factors such as inability to accommodate required security and functional
<br /> Equipment without our prior written consent. updates or due to model discontinuation by the manufacturer and
<br /> c. You shall not change the installation site of the Equipment without our unavailability of spare parts.Client acknowledges and understands that
<br /> prior written consent,which consent we will not unreasonably obsolete point of sale equipment will need to be replaced by non-
<br /> withhold. obsolete and compliant point of sale equipment in the event of
<br /> d. You shall not assign your rights or obligations under this Equipment equipment failure,or as requested by Servicers to bring the Client into
<br /> Agreement,or pledge,lend,create a security interest in,directly or compliance with card network mandates and regulations.Client will be
<br /> indirectly create,incur,assume or allow to exist any other consensually responsible for any costs associated with upgrading to non-obsolete and
<br /> or judicially imposed liens or encumbrances on,or part with compliant equipment.
<br /> possession of,or sublease the Equipment to any other person,firm or 31.7. Security Interest;Financing Statements. You hereby grant to us
<br /> organization without our prior written consent.Any such assignment, a security interest in(a)all Purchased Equipment and the related Software
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