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Home My WebLink About2005 b}~ ,59 . P:f}~Ulr~ "3-5;72- ~~c'f"'57'-~--;.".'~ "O~"'3~~-'(-" ...6-.....'.. .',' 2~t:241U p~G[IU{) ." BOGK r~l.'[ , . '- ~~~:. ~ shaU, wh..novr.- requested.. a~iw of rite exact Joe.tlon and condition of tit. equipment and shall give .- ...A-l.-or- immediate n'Otic. of any attadtment or other ludicial proceu aff.c:ting t+:. equipm.nt, and ind."..nify and save lessor harm. less from any loss or damage caused thereby. LeuOf IMY, for rite purpose of insp4H:tion, at an reasonabh times enter upon any job, building or place where the equipment I, located: and !MY remove the equipnMnt fortftwith, ~ notice to lessee, if the equip. ",.nt is, in the opinion of leuor. I>.lng uwcI beyond its capacity << In any rn.IMCtt improperly cared for or abused. NON.W AIVER: Time is of the ftssence. lessor's failure at any time to require strict performonce by lesse. of any of the provisions hereof shall not waive or diminish lessor's right riter.after to demand strict compllallce therewith or with any other provision. Waiver of any d.fault shall not waive any other default. lessor'l rights hereundw are cumulativ-e and not alternative. , ' NO WARRANTY: lessor. not baing the manufacturer of rit. equipment nor manufacturer's agent. makes no warranty against patent ~ or latent defe..rs in mllterial, wor~manship or capacity of rit. equipment, nor warranty that the equipment will satisfy the require. ~ ' .mellts of any law, rule, specification or contract which provides for specific mac:h:nery or operato", or special methods: alllillbilities ... ( rising therefrom are assur:led by lessee at its sole risk and expense. No oral'agreement. guaranty. promise, condition, representa. ~,~ "\'ion or w6rranty shall b. binding: all prior conve"ations, agr..menk or representations related hereto ~nd/or to said equipment are '~ integrated herein. No modification hereof ",.11 be binding unle,. in writing signed by l'9Ssor. ~ POSSESSION: lessor covenants to and with leue. thet lessor Is the I.~-ful own6f' of laid equipment free from aH encumbrances and thllt, conditioned upon lessee"s performing the conditions hereof. lessee shan peaceably IInd quietly hold, poness and use the equipment during said term without let or hindrance. ~ DEFAULT: In the event of lessee's default hereunder or becoming ir.solvent or If lessee ceases doing business as a going concern. or if a petition is filed by or against lenee undO/' the Bankruptcy Act or any "mendment thereto (including a petition for reorganiution or an extension), or if lessee. without lessor's prior consent, attempts to remove or sell or transfer or encumbdr or sublet ~ or pllrt with the possession of said equipment, lessor and/or ik agerm may without notice or Iillbility or leglll process enter into 'j any premises of or under control or jurisdiction of lessee or any agent of less.. where said equipment may be or by lessor is " belioved to be. and repossess the equipment, disconne-:ting and separating all thereof from any other property and using all force necessary or permitted by a?plicable law so to do: lessee hereby expressly waives all further rights to possession of the equipment and all claims for injury suffered through or Iou c.1used by such repossession. Should any legal proceeding be instituted by lessor to " recover any moneys due and to become due hereunder and/or for possession of the equipment, lessee shall pay & reasonable sum (15% of the amount sued for if not prohibited by law) as attorney's fees, to be not leu rita'n $50. ASSIGNMENTS: Neither this lease nor lesS6e's righn hereunder "'an be assignable except with lauor's written consent: the con. ditions hereof shall bind any permitted successors and a$Sig", of lessee. If Lenor assigns' the renn reserved herein or 1111 Cf' any of I.essor's other rights hereunder, assignue's righk s~an b~ independent of any claim of lessee agllinst lessor; lessee on receiving notice of a,ny such assignment shllll abide thereby and make payment as may therein. be d,irected. Following suc:h IIssignment 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 IInd shall conspicuously identify each item of the lellsed equipment by suitable lettering thereon io indicate lessor"s owne"hip. All transportation charges shllll be borne by Lessee. All notices relating hereto shall be meiled regist....d to lessor or lessee at its respective address above shown or at any later address last known to the sendOf'. If /Jny part hereof is contrary to, prohibit.d by or deemed invalid under applicable laws or regulations of any' jurisdiction, such' provision shall be inapplicable and deemed omitted but shall not invalidate the remaining pro. visions her'lof. In case of any default by lessee hereunder all sums due lInd to become due hereundar shall, at the option of l(mor or any assignee of lessor, become payable forthwith. lesseo w~ives <<II rights under all exemption laws. lessee admits the receipt of a true copy of th:! Equipment lease. This lellse is irrevocable for the full term hereof and for the aggregate rental herein reserved, and the rent shall not abate by reason of termination of lessee's right of possession and/or the taking of pOlSession by Lessor or for any other reason, and delinquent instalments of rental shall bear interest at the highest lawful contrllct rate. In cllse of any default by lessee hereunder, lessor mey sell the equipment or m...y re.lease the equipment for 11 term and a rental which may be equal to, greater than, or less 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 lea,e made withir. such 60 deys for th" period prior to the expirlltion of this lease, less lessor's expenses of ta~ing possession, storlige, reconditioning and sale or ra.leasing, shall be applied on the lessee's obliglltions hereunder, l!ncf lessee shall remain Iillble for the blllllnce of the unpllid aggregate rental set forth above. lessee's liability shall not be r"lduccd by reason of any failure of lessor to sel/ or re.let within such bO days. , , PURCHASE OPTION: At anytime after .._~l,., ,. ,.',.., '" 19.62 , if lessee has paid in full all rentals owing here- " r'. ", (Month, O.y) . undere~ ~. -riot. t'htl".ln dofault hereunder, lessee shall have the option to purchase sllid equipment upon giving written notice Mt ~'30 day~ ~iqrfo expiratiC(n of the 'original term hereoi. The purchase price shall be: .24.724.20 1... tal ":', ., ,..~l. ,.~. ':'~. . ,:"'; '<:~~...' 80G~ 1lJ3 p~~~ 7 ~:Il !'r~, '::'.JXlJ . . ~ f . ,'- ... ~ . I \ . i..,;......... '. r::'i;', ,,:-(,': :.:.~,.....i:.~~:'" /' -"'. ' " . "'1 . . ,- ..If leu.. h a oorpoJ"'tlOl1, this Lease is eXllcu;ed by authority of its Board of Directors. :...-..P~-.~~. ~,~i..~~.. "'.r . \">~ .... ; :-.. ~ () "" .I' ..._ V , . I' . .. \ Ii,. . ;j,J j",. =- , '. ': Y r' ~- ~-. '~i ./.,.. >0 ~ D ."-)/I!!~ '." .., _,?f'~1 Wit"..... Ii to .i'in.."''' 01 1.&....) ,...'-.1. .IDe... ...,. ,....~ ~......., (lessee) (Si9.O""P 01 Indi',ld".1 or .H.~~ 01 Corpor,'io, 0' P.rt..".lp) By -o-~I..""'<'L\s.<:~1::!3l:]::i:"""''''''i:.*E'/'''-rr~'' (Seal) (If Corpor.lio', h... .i by '".ld......llDu-'l'i.JfIt_po , T,..""., ..d Ill.. i.1 titlt. If 0-.. Of ,.rtn.., . Itot. whlch.) I By,. , .ltsJJ......"l\\,." ACCEPTED: (Lessor; I; /. I - ..-..-i- ;." ~~ ';i""'~- =,~.