The URL can be used to link to this page

Home My WebLink About1216 . 'rr 3f:j.t 't)f?" Mo~; 58 F"A~ 513 , . . , r't I. .J. ,.I. P^Gf r..J_ '. r . .,~ .' INSPECTION: leuee Jhlll, whenever requ.sted, advise l."or of the exact locltion .{h4 ~b"~~o( t~~..-!' and ,hall give leuor Immediate notic. "f '''y .ttachment or other iudicidl proc~u ,.fF.cting the equipment, ii,d inaeMl'l1fy'lmh.j. Lessor harm. leu from any Iou or damage caus:d thereby. Leuor mey, for the purpo\-e of inspection, At ell reAJo....ble times enter upon any job, . building or place where the equipment is 10CJted: and may remove the equipment forthwith, without notice to leneo, if the equip. ment is, in the opinion of lessor, being uled beyond its capacity or in any manner improperly cared for or abused, NONNI AIVER: Time is of ihe .ntonce. Lessor's failure at any tim. to require st;icl performance by lenee of any of the proviJions hereof sh311 not waive or dinlinish Lessor's right thereafter to demand strict complianc6 therewith or with any other provision. Waiver of tiny default shall not waive any other default. .Lessor's rights hereunder are c.umulative and not alternative, . NO WARRANTY: lessor, not being the manufacturer of the equipment nor manufacturer's agent, ma~es no wc!rranty against patent or latent defects in mllterial, wor~manship or capacity of the equipment, nor wlmanty thllt the equipment will satisfy the require, monts of any iaw, rule, specification or contract 'tIhich provides fQ.r specific machinery or operators, or special methods: alllillbilitios I arising therefrom are assumod by Lt'ssee at ih sole risk and expen", No oral agreement, guaranty, promise, condition, representa- tion or warranty shall be binding: all prior conversations, agreemen" or r!Jpresentations related hereto and/or to said equipment are integrated herein. No mod!l':cation hereof shall be bindin~ unless in writing signed by Lessor. POSSESSION: lessor covenants to and with Lessee thllt Leuor is the lawful owner of said equipment free from all encumbrances ~ and that, conditioned upon le~see's performing the conditions hereof, lessee shall peaceably and quietly hold, possess and use the equipment during said torm without let or ~indrance. DEFAULT: In the event of Lessee's default hereunder or becoming insolvent or if Lessee C6ases doing business as a going concern, or if a petition is filed by or against Lessee under the Bankruptcy Act or any amendment thereto (including a petition for reorganizlltion or an extension), or if lessee. without lessor's prior consent, attempts to remove or sell or transfer or encumbei' or sublet or part with the possession of said equipment, lessor and/or its agents may without notiCE! or Iiabili~y or legal process enter into any premises of or under control or: jurisdiction of lessee or any ~gent of lessee wh.re said equipment may be or by t'!lnor is believed to be, and repouess the equipment, disconnecting and separating all thereof from any other property and using all force necesS1liry or permitted by applicllble law so to do: lessee hereby expressly waives all further rights to possenion of the equipment ard all claims for injury suffered through or loss caused by surh repossefsion. Should any legal proceeding be in~tituted by Lessor to recover any moneys due and to become due hereunder and/or for possession of the equipmeolt, Lessee shall pay a reasonable sum (15010' of the amount sued for if not prohibited by law) as attorney's f.es, to b. not len than $50. ' ASSIGNMENTS: Neither thi. lease nor lessee's rights hereunder shall be assignable except wBh Lessor's written consellt; the con- ditions hereof shall bind any permitted successors and assigns of Lessee. If lessor assigns the rents reserved herein or all or any of Lessor's other rights hereunder, assignee's rights shall be independent of any claim of Lessee against Lessor; Lessee on receiving notice of any such assignment shall abide thereby and 'ma~e payment as may therein be directed. Following iuch assignment the term "Lessor" shall be deemed to include or refer to lessor's assIgnee. . MISCELLANEOUS: lessee will not change or remove any insignia or lettering on the equipment and shall conspicuously identify each item of the leased equipment by suitable lettering thereon to indicate Lessor's ownership. All transportation charges shall be borne by lessee, All notices relating hereto shall be mailed rflgistered to Lessor or lessee at its respective address above shown ::>r lit any later address I.nt known to the sender, If any part h.reof is contrary to, prohibited by or deemed invalid under applicable laws or f~ regulations of any jurisdiction, such provision shall be inapplicable and deemed omitted but shall not invalidate the remaining pro- h .... visions hereof, In case of any default by lessee hereunder .,11 sums due and to become due hereunder shall, lit the optio;'! of Lessor ........' or any assignee of Lusor, become payable forthwith, leuell waives all rights under all exemption laws. Lessee admits the receipt of a true copy of this Equipment Lease. This lease is irrevocable for the full term hereof and for the aggregate rental herein reserved, ,,"d the rent shall not abate by reason of termination of lenee's right of possession and/or the taking of possession by L6ssor or for tiny other reason, and delinquent instalments of rental shall bear interest at the highest lawful contract rate. In case of IIny default by Lessee hereunder, Lessor may sell the equipment or may ro-Iease the equipment for a term and a rental which may be equal to, greater than, or len than the rental and term herein provided, Any proceeds of sale, received within bO days after repossession, or any rental payments received under a new lease made within such bO days for the period prior to the a::piration of this lease, less Lessor's expemes of ta~ing possession, storage, reconditioning and s.1le or re.leasing, shall be applied on the ' Lessee's obliglltions hereunder, and lessee shall remain liable for the baiance of the unpaid aggregate rent...1 set forth abovp.'. ~~ > less8e,'s liability shall not be reduced by reason of any failure of Lessor to seU or re-Iet within suc~ 60 days. ~ PURCHASE OPTION: At any time after "~fY 21 . 19 63, if Lessee has paid in full all rentals owing here- (lo4onth, 0,,) under and be not thon ih default hereunder, Leuea shall have the option to purch.ne said equipment upon giving written notice not less than 30 days prior to expiration of the original term hereof. The purchase price shall be: $5:).44 7.96 1..8 loot of aU nnuh patel. _ . ,""".. ) -.... '.- -., If Lessee is a corporation, this Leale is executed by authOl'ity of its Board of Directors. .. 'l'r'~7b' .Br~..., ,1M. '.. (Si9l"1l\urJ M't"1Jl..dhldUJI or ~'hm" of Corpoutioft or rutn.rship) 'i I Irj By.. <>. ..., .J ,\ A ,-t Hk /'~..., V,.' Praa......, (If Corp-or.tiol'!, 1':..,.1 silfnld by 'r.sid.nt, Vlce.fruid,:\t o~ Trtuurer .rd Qi.,. official ti e. If OW'l'\er or Puhaf, ."to whl h,) (Lesseo) (Seal) 7 ACCEPTED: ,Its.. r rP....tdent (Lessor) By uOOBJaa' 8' JIPO lA_Wit, .t WJ1."1q, 't7P1DC, or : r':W1JIC __t1.~&C"o17 '1A ihi. i cl~Jl" .!b~~~~.oorcl.d.