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HomeMy WebLinkAbout0842~o"x ~U ; ~rE 1J~i .- .. ~ Page-3- ~ ~'..,..E _:ti~., r: ~. 15. Bankruptcy: Neither this lease nor any .interest therein ie assi~iable or trana- ferable by operation of lan. If'any proceeding under the Bfu'ikruptcy Act, as amendc3d, is commenced by o, ~~ainc~t the leseee, or if the lessee is adsufl~d in- solvent, or if tho lessee makes any assignment for the ber:afit oi' his creditors, - or if a grit of attachment or execl~tion is lavie~d on aT1Y item o~ items of the equipment and !s not released or satisfied crithin ten (IIJ) days thereafter, or if a receiver is appointed in any proceeding or action to which the lessee is a party crith authority to take possession or control of any iteia or items of the equipment, lessor shall have and may exercise any one or more of the remedies .set forth in paragraph 14 hereof; ar:d this lease shall, at the option of lessor, crithout notice, i.a~edia+.ely terminate and shall not be treated as an asset of les- see after the exercise of said option. ~ Lessee ~~aivas all right under all exemp- Lion ?,ass. 16. Lessor's ~tpenaes: Lessee shall pay lessor all costa and expenses, including attorney's fees, incurred by lessor in exercising ~Y of itr~ rights or remedies hereunder or enforcing any of the terms, conclitious, or provisions hereof.. 17. Assignment: ;:'ithout the prior crrittan consent of lessor, lessee shall not (a) assign, transfer, pledge or hypothecate this lease, the equipment or any part ~~ thereof, or any interest therein or (b) sublet or lend the equipment or any paxt thereof or permit the equipment or any part thereof to be used by anyone other than lessee or lessee's employees. Consent to any of the f~+regning prohibited acts applies only in the given instance; and is not a consent to arL}r subsequent like act by lessee or any other person. Subject alrre~ya to be the foregoing, this lease inures to the benefit of, and ie binding upon, the heirs, legatees, personal representatives, successors and 8.6$ignEl of the partiea_hereto. .Should lessor on receipt of written request from lessee agree to transfer or assign lease to third party, lessee e~reea to pay_leseor its expense in handling such transfer or assignment. This amount not to be less than fifteen dollars (315.00). 18. Leasor'$ Assignment: It is understood that lessor contemplates assigning this lease and~or mortgagir~ of the equip~ent, anal that asa~.gnee may assign the came. All rights of lsasar in .the equipment and hereunder may be assigned, p].edgRd, mortgaged, transferred, or othert7ie+e disposed oi, either in shots or in part, crithout notice to lessee. The assignee's rights shall be free from aJl defs:rses, set-offs or counterclaims which lessee may bs entitled to assert against lessor. No such assignee shall be obligated to perform any duty, covenant or condition required to be performed by lessor under the terms of this lease. 19. Ownership: The equipment is,..and.ahall at all times be and remain, the sole and exclusive personal property of lessor; and .the lessee shall have no right, title or interest therein or thereto except as expressly set forth in this lease. It is further expressly agreed by lessee that the said equipment shall at all times be removable as the personal property of the lessor and under no circumstances shall the same be considered or~treate3 as part of the realty or real property upon which it is or may hereafter be situated. 20. Interests Should lessee fail to pay any part of the rent herein reserved or any other sum required by lessee to be paid to lessor, c+ithin ten (10) days after the due date thereof, lessee shall pay unto the lessor interest on such delinquent payment from the expiration of said ten (1(3) days until paid at the rate of six per cent (6fo) per annum. 21. IToticea: Service of all notices under this agreement shall be sufficient if given or mailed to the party involved at its respective address hereinafter set forth, mailed to such address shall be effective When deposited in the iTnited States mail, duly addressed and with postage prepaid. 22. In consideration of the mutual convenanta contained herein, leseee is hereb~- grante$ the option to obtain a nec: one-year lease at the aiariual rental of ~ xxx f: xxxxxx(Oollare) (~; xxxxxxxxxx~. Said nption msy be exercised by leases by written notice to that effect to lessor, rrhioh notice shall be accompanied by payment of the entire annual renta.i move described, and rrnich shall be deiivared to lessor, not leas then ninty (90) days before the ex- piration of the term hereof, tagethe~ erith the sum required for tax:~e a.s speci- fied in Paragraph 20 herein above. Said near one (1) year term, ~Y succeeding one (I) yea~~tera, shall carry an identical option berets, and except or the amo~.u:t of rental, each nen leaso shall be subject to provisions and conditior~a identical rith those of this lease• The rental payable for each ne~a,le~se shall be that specified in Paragraph 22 as payable for the first new 1ea88. .iTotcrith- -standing anything provided in thin paragraph, in no event shall lessee option to obtain more then xxx~cxxx~(xx~ successive npc? leases hereunder. ,1