AND MAY NOT BE REMOVED OR SOLD WITHOUT THE PRIOR WRITTEN CONSENT OF
BURDALE".
5.9.2
EACH CHARGOR SHALL KEEP
ITS EQUIPMENT IN GOOD REPAIR, WORKING ORDER AND CONDITION AND FIT FOR ITS
PURPOSE AND SHALL NOT PERMIT THE SAME TO BE HANDLED OTHER THAN BY PERSONS
PROPERLY QUALIFIED AND TRAINED OR TO BE OVERLOADED OR TO BE USED FOR ANY PURPOSE
FOR WHICH THE EQUIPMENT IS NOT DESIGNED OR REASONABLY SUITABLE.
18
5.9.3
NO CHARGOR WILL,
WITHOUT THE PRIOR WRITTEN CONSENT OF BURDALE, MAKE ANY MODIFICATION OR PERMIT
ANY MODIFICATION TO BE MADE TO THE EQUIPMENT IF THE EFFECT OF SUCH MODIFICATION
MAY BE TO REDUCE THE VALUE OF THE EQUIPMENT.
5.9.4
EACH CHARGOR WILL
PROMPTLY PAY ALL TAXES, FEES, LICENCE DUTIES, REGISTRATION CHARGES, INSURANCE
PREMIUMS AND OTHER OUTGOINGS IN RESPECT OF THE PREMISES AND THE EQUIPMENT AND ON
DEMAND PRODUCE EVIDENCE OF SUCH PAYMENT TO BURDALE.
5.9.5
EACH CHARGOR WILL
OBTAIN ALL AUTHORISATIONS FROM
TIME TO TIME REQUIRED FOR THE USE AND OPERATION
OF THE EQUIPMENT AND NOT TO DO OR PERMIT TO BE DONE ANY ACT OR OMISSION WHEREBY
THE EQUIPMENT OR THE USE OF IT WOULD CONTRAVENE REGULATIONS FOR THE TIME BEING
IN FORCE.
5.9.6
EACH CHARGOR WILL
FORTHWITH NOTIFY BURDALE OF ANY LOSS, THEFT, DAMAGE OR DESTRUCTION TO ANY
EQUIPMENT WITH A VALUE IN EXCESS OF £20,000.
5.9.7
EACH CHARGOR WILL GIVE
BURDALE SUCH INFORMATION CONCERNING THE LOCATION, CONDITION, USE AND OPERATION
OF THE EQUIPMENT AS THE BURDALE MAY REQUIRE AND TO PERMIT ANY PERSONS DESIGNATED
BY BURDALE AT ALL REASONABLE TIMES TO INSPECT AND EXAMINE THE EQUIPMENT AND THE
RECORDS MAINTAINED IN CONNECTION WITH IT.
5.9.8
EACH CHARGOR WILL
ENSURE THAT THE PREMISES ARE SUITABLE FOR THE USE OR STORAGE OF THE EQUIPMENT,
AND WILL KEEP THE EQUIPMENT AT THE PREMISES.
5.9.9
EACH CHARGOR WILL
PROCURE IN FAVOUR OF BURDALE FROM ANY PERSON WITH A PROPRIETARY INTEREST OR
ENCUMBRANCE (INCLUDING ANY OWNER, LEASEHOLDER OR CHARGEE) IN ANY REAL OR
PERSONAL PROPERTY TO WHICH THE EQUIPMENT MIGHT BECOME AFFIXED, OR WITH WHICH
TITLE TO THE EQUIPMENT MIGHT MERGE, AN ACKNOWLEDGEMENT PRIOR TO SUCH FIXING OR
MERGER THAT THEIR RIGHTS AND REMEDIES WILL ONLY BE EXERCISED SUBJECT TO
BURDALE'S RIGHTS IN THE EQUIPMENT AND, IN PARTICULAR, BUT WITHOUT LIMITATION TO
THE GENERALITY OF THE FOREGOING, THE RIGHT OF BURDALE, ITS SERVANTS OR AGENTS TO
ENTER UPON ANY SUCH PROPERTY TO REMOVE THE EQUIPMENT NOTWITHSTANDING THAT IT
MIGHT BE AFFIXED TO, OR HAVE MERGED WITH, ANY REAL OR PERSONAL PROPERTY.
6.
WHEN SECURITY BECOMES ENFORCEABLE
The security constituted by this Deed shall become immediately enforceable and
the power of sale and other powers conferred by section 101 of the Law of
Property Act 1925, as varied or amended by this Deed, shall be immediately
exercisable upon and at any time after the occurrence of any Event of Default
and whilst the same is continuing after which Burdale may in its absolute
discretion enforce all or any part of the security in any manner it sees fit.
7.