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Case 1:20-bk-12043 Doc 303-1 Filed 08/28/20 Entered 08/28/20 11:03:45 Desc
<br /> Exhibit 1 A-1 and A-2 Page 28 of 38
<br /> j. The Equipment will be in a condition whereby it can be put immediately into revenue service with another operator
<br /> at its designated function and capacity.
<br /> k. (Where this may apply) The track pads (steel and rubber) and the complete undercarriage, including the circle
<br /> and swing mechanism, pins, bushings, sprocket, and idler, will be intact and have no damage of any kind. The
<br /> Undercarriage shall have at least (50%) percent time/wear remaining before next overhaul or replacement as
<br /> recommended by the manufacturer and standard maintenance manuals. Track pads will have a minimum of 50%
<br /> remaining life. All replacement component parts will be OEM or equal quality.
<br /> I. (Where this may apply)All tires will be matched by generic type and tread design consistent with original delivery,
<br /> free of cracks, cuts or rips, recaps, and with a minimum of 50% new tire useful tread remaining.
<br /> m. (Where this may apply)The rolls (wheels)will be intact and have no damage of any kind and will have a minimum
<br /> of 50% useful life remaining.
<br /> n. (Where this may apply) The Rotec Bearing, bearings, sprockets, and shoes must have 50% of remaining useful
<br /> life since the last major rebuilt or overhaul.
<br /> o. All air and fluid lines will be free of any leaks; cuts, cracks and the controls will operate as originally designed.
<br /> p. The engine will operate to the manufacturer's original specifications, will meet the current smoke emission
<br /> standards, and will be free of oil, water or other fluid leads and will satisfactory; pass dynamometer test according to the
<br /> manufacturer's specifications at Lessee's cost. If test is not satisfactory, Lessee will complete repairs required to
<br /> complete a satisfactory test at its expense prior to return of the Equipment. The engine shall have at least (50%) percent
<br /> time/wear remaining before next overhaul or replacement as recommended by the manufacturer and standard
<br /> maintenance manuals.
<br /> q. The equipment will successfully pass an inspection based on OSHA, ANSI, MSHA standards and will meet
<br /> current federal, state and local regulatory compliance standards, to include but not limited to current EPA standards.
<br /> r. Upon the request of Lessor, Lessee shall at reasonable times during normal business hours make the Equipment
<br /> available to Lessor, or Lessor's authorized representative, for inspection at the place where it is normally located. Lessor
<br /> shall have the right to inspect all maintenance records and logs related to the Equipment.
<br /> s. The transmission, clutches, drive train and hydraulic system will function properly within the manufacturer's
<br /> operating specifications.
<br /> t. The brakes will hold the unit as specified by the original manufacturer without fading. No heat discoloration or
<br /> warpage on brake cylinders, disks, wheel or pads, and brakes will have at least 50% remaining useful life.
<br /> u. The radiator and cooling system will be free of leaks, punctures or holes, and be able to maintain unit in normal
<br /> operating temperature range as specified by the original manufacturer.
<br /> v. The electrical system will be in good operating condition with wiring free of cuts, breaks or cracks, and batteries
<br /> being able to maintain a charge in accordance with the original manufacturer's specifications.
<br /> w. ROPS will function properly.
<br /> x. All glass will be intact and free of cracks, chips or glazing.
<br /> y. The body will be completely clean without rust/corrosion, dirt, and foreign material of any kind. The paint will be in
<br /> good condition. All original OEM decals will be in good condition and unaltered.
<br /> z. (Where this may apply) The bucket will be in good operation condition with cutting edge and teeth having a
<br /> minimum of 50% remaining useful life, no damaged allowed. The bucket will be free of cracks, bends, large dents,
<br /> warpage and will be clean.
<br /> aa. Dozer blade will be in equal condition as start of lease with no cracks, welds, or any other damage.
<br /> bb. Haul Truck beds will not be altered to hold more cargo than originally designed for. Beds will be cleaned and
<br /> emptied at time of return.
<br /> cc. (Where this may apply) The cutting blade will be in good operation condition with cutting edge and teeth having a
<br /> minimum of 50% remaining useful life, no damage allowed.
<br /> dd. All returned Equipment shall be good condition, reasonable wear and tear resulting from the normal and proper
<br /> use thereof alone excepted, any time- or life-limited components including but not limited to tires, power train assembly,
<br /> transmissions, converters, engines, axles, wheels, brakes, or pumps shall have at least fifty percent (50%) useful life
<br /> remaining before the manufacturer's next recommended major overhaul, rebuild, calibration or replacement. Prior to the
<br /> return of the Equipment, Lessor or its agents shall inspect the Equipment to verify that the Equipment is being returned in
<br /> compliance with the terms and conditions hereunder. If any deficiencies beyond those listed hereunder are determined,
<br /> Lessee agrees to promptly make any repairs necessary so as to be in compliance with these terms and conditions.
<br /> Lessee is responsible for inspection costs.
<br /> ee. (Where this may apply) The boom, dipperstick and bucket(s) will be free of damage of any kind. There will be no
<br /> leaking hydraulic cylinders. If additional attachments are included, (i.e., hydraulic hammers, thumbs, etc), they will be
<br /> completely intact, free of damage and operable as originally designed.
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<br /> AJM 3087924 v.1 5/19/2016 9:43 AM
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