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* Restrictions on Use or Re-sale of Equipment Except as set forth below, all Equipment purchased hereunder for re-sale as used parts by Buyer will be dismantled by Buyer. Buyer agrees that a ???Complete Unit??? is a piece of equipment with the body still intact. Buyer hereby agrees that it will not (i) use any Complete Units in the waste collection or hauling business in the United States, Canada, or Puerto Rico or (ii) re-sell or otherwise transfer any Complete Units to any person or entity engaged in such business except that it may re-sell or transfer Complete Units so long as it insures that the purchaser or transferee of such Complete Unit is not, and that such purchaser or transferee agrees that it will not, re-sell or transfer such Complete Unit to any person or entity in the waste collection or hauling business in the United States, Canada or Puerto Rico. Buyer shall be responsible for any breach of this covenant by any person or entity purchasing or acquiring a Complete Unit by, through or under Buyer or its direct or indirect customers. Buyer acknowledges and agrees that Seller will suffer irreparable harm which is not easily measured in monetary terms if Buyer or someone buying or acquiring a Complete Unit by, through or under Buyer violates this covenant and agreement, and Buyer agrees that, in addition to all remedies (monetary and non-monetary) available to Seller, Seller shall be entitled to seek and receive temporary and permanent injunctive or similar relief to immediately cause Buyer to cease the conduct that violates this covenant and agreement. Buyer agrees that it shall not object to the granting of such relief based upon, and will not attempt to assert an affirmative or other defense that contends, that relief is measurable in monetary damages or that the conduct will not cause irreparable harm; it being the intent of the parties that if Seller alleges that conduct of the Buyer violates this covenant or agreement, Seller shall be entitled to have such conduct halted until a full and final adjudication of the matter. The parties agree any such relief shall be granted without the posting of a bond or other monetary requirement by Seller. Exportation and Other Regulations. Buyer represents and warrants that in exporting any Equipment purchased hereunder, it will at all times comply with any and all applicable U.S. export rules, regulations and laws governing the export of such Equipment. Buyer shall also comply with any and all laws, rules or regulations relating in any way to the use, re-sale, dismantling and disposal of the Equipment. Default, Remedies Buyer shall be in default under this Agreement upon the failure of Buyer to observe or perform any of Buyer???s agreements herein contained. In the event of default by the Buyer, Seller shall be entitled to collect from Buyer all costs, fees and expenses incurred to enforce its rights hereunder, including, without limitation, court costs, costs of arbitration, legal fees, and fees paid to other professionals or agencies. |
Inventory # 040298
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