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9. Second Party shali be responsible for and st~all pay any property taxes levied against the equipn~eni cov- ;
ered by this agreement during the period that the same is in Second Party's possession. Removal of any part >
or all of the equipment covered by this agreement from Second Party's warehouse by Second Party, his agents i
or representatives without either the written consent or instructions of the First Party for such removal, ~
except for ~the purpose of renting the same in accordance with procedure set forth in Faragraph 4, shall
constitute a breach oi this agreement by the Second Party and shall be grounds tor immediate termination of j
this agreement by the First Party and the Second Party shall thereupon be liable to the First Party for the 1
cost price of the equipment so removed and for any and all damages that the First Party may. have sustained ~
by reason of the breach of this agreement. ~
10. Second Party agrees to service and maiataia the equipment and keep it in good rental condition during
the term oi this agreement, free of cost to First Party. Normal service for maintenance of the equipment is ~
the responsibility of the Second Party, such as repairing a flat tire, bent fender, damaged tail light, replac- i
ing worn generator brushes, servicing and replacing batteries, repairing air tools,ct~anging oil in the engine, t
grinding valves, repairs, replacing parts, etc. #
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11. Second Party assumes responsibility for the deliverq and return to Second Party's warehouse, equipment t
- which is rented and to remit to First Pa'rty a monthlq lease payment of $ per month, beginning 30 days ~
fmm date of shipment by First Party, covering each JW?8L JENBACH Diesel Air. Compressor complete with ~
2 air line oilers, battery, hour meter, 50' 3/4" hose & couplings, hose cage and Paving Breaker. ~
Mont6lq lease rate on other equipment t
6.5KW LISTER-Winpower Diesel Elec.Plant Eng. #5360SR2A22- Generator ~DD-1222-2
@ $49.50 ~er month shipped 3/28/73
12. WHEREAS, said equipment and future shipments o equipmeat to be made from time to time, as agreed
upon by both parties, will be placed in care of Second Party, Second Party herebq certifies that no claims or
liens of any kind will be made or held against such equipment for storage, urarehousing or other expenses
or claims that he may now or hereafter have or claim against First Party. ~
~ 13. For purpose of identification the units of equipment consigned by First Party to Second Party under this ~
` agreement shall be by engine and equipment serial number. ~
14. In the event anp claim for damages or anq suits are brought by anyone against either the First or Second t
Party, growing out of the rental of said equipment or out of anything in connection with the business covered ~
by this Agreement, including all cost, expense, claims and liability arising out of the use, operation, . i
handling, maintenance and/or delivery of said equipment, to a. renter of the same or while in renter's p~sses- i
sion or in returning it to Second Party warehouse, whether through accideat, neglect or misuse, the Second g
Party hereby agrees to save the First Party harmless from anq such claims for damages or suits, and to pay ~
all expenses for defending the same, whether the same is for attorneq fees or for any other expense in connec- f
~ tion therewit6, and to completely and fully indemnify the First Party and fmm any and all such c;aims, dam- ~
ages or suits; and ii any judgement is rendered against the First.Party, the Second Party herebq agrees to pay
the same plus all costs and expenses growing out of the same. i
15. RELATIONSffiP. It is mutually agre~t that this agreement shall not create a relationstup of employer
and employee, and that the Second Farty shall be considered to be an independent contractor and not a legal
representative or employee of First Party. '
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16. TERMINATION WITHOUT CAUSE: This agreement shall be for a cerm of one year (1 year) from the date E
~ hereof, but shall be automatically extended for one year (1 year) at the end of such term and for annual periods
; thereafter (including such amendments or supplements as the parties hereto shall adopt) unless terminated as ~
~ hereinafter provided. After ihis agreement has been in force and effect for one (1) year from date hereof, ~
~ either party thereto may terminate this agreement without cause, by giving not less than thirty (30) days E
notice in writing to the other party oi the termination of this agreement. Such written notice shall be given f
by Certified Mail, Return Receipt Requested, addressed to the other party, at its last know address. ~
~ 17. TEftMINATION FOA CAUSE: In the event of any breach of violation of the terms of this agreement by
either party, t6e other party maq terminate this agreement immediately by written notice to the other party
~ given in the manner provided above. In the event of any breach of ttus Agreement by Second Party the ;
~ Second Fatrty agrees to ship such equipment ireight prepraid to the First Party at Sun City, Arizona, or to any r
~ other shorter distance destination First Farty requests. ~
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18. PLACE OF CONTRACT: The provisions of this agreement shall be construed according to the laws oi ~
Arizona, the place of execution. #
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8~~223 PA~ 943
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