HomeMy WebLinkAbout2282 9. Secon@ Party shali be responsible for and shall pay anp property taxes levied against the equipment cov-
ered by this agreement during the period that We same is in Second Party's possession. Removal of any part
or all of the equipment covered by this agreement fmm Second Party's warehause by Second Party, his agents
or representatives without either the writtea consent or instructions of the First Party for such reraoval,
except for the purpose of renting the same in accordance with procedure set forth in Paragraph 4, shall .
constitute a breach of this agreement by the Second Party and shall be grounds for immediate termination of
this agreement by the First Party and the Second Party shall thereupon be liable to the First Party for the
cost price of the equipment so removed and for any and all datnages that the First Party may have sustained
by reason of the breach of this agreement,
10. Second Party agrees to service and maintain the equipment and keep it in good rental condition during
the term of Lhis agreement, iree oi cost to First Party. Normal service for maintenance of the equipment is
the responsibility oi the Second Party, such as repairing a flat tire, bent iender, damaged tail light, replac-
ing worn generator brushes, servicing and replacing hatteries, repairing air tools,ct~anging oil in the engine,
grinding valves, repairs, replacing parts, etc.
11. _ Second Pariq assumes responsibility for the deliverq and return to Second Party`s warehouse, equipmeat
which is rented and to remit to First Party a monthly lease payment of $ _per month, beginning 30 days
from date oi shipment by First Farty, covering each JW78L JENBACH Diesel Air Compressor complete with
2 air line oilers, batterq, hour meter, 50' 3/4" hose & couplings, hose cage and Paving Breaker.
MontLlq lease rate on other equipment
1 6.5 Kl~ LISTER Diesel Elec. Plant ~5338SR2A22 - Generator DD-1022-1
12. WHEREAS said ui ment and fu~ur~
s~i50 ~~r ~o Shl~~ed 2/5/73
, eq p pme o equipme ta be made irom time to time, as agreed
upon by both parties, will be~2aced in care of Second Party, Second Partq hereby certifies that no claims or
liens oi any kind will be made or held against such eq~ipment ior storage, v~rar-ehousing or other expenses
or claims that he maq now or hereafter have or claim against First Party.
13. For purpose of identification the units of equipment consigned bq First Party to Second Parky under this
agreement shall be bq engine and equipment serial number.
14. In the event anq claim for damages or any suits are brought by anyone against either the First or Second
Party, growing out of the rental of said equipment or out of anything in co~nection with the business covered
by ttus Agreement, including all cost, expense, claims and liability ari.sing out of the use, operation,
handling, maintenance and/or delivery of said equipment, to a renter of the same or while in renter's posses-
' sion or in returning it to Second Party warehouse, whether through accident, neglect or misuse, the Second
' Party hereby agrees to save the First Party harmless from any such claims for damages or s~its, and to pay
~ all expenses for defending the same, whether the same is for attorney fees or for any other expense in connec-
; tion therewith, and to completely and fully indemnify the First Party and from anq and all such claims, dam-
E ages or suits; and if anq judgement is rendered against the First Party, the Second Party hereby agrees to pay
; the same plus all costs and expenses growing out of the same. _ .
~
j 15. RELATIONSHIP. It is mutually agreed that this agreement shall not create a relationship of emptoyer
E and employee, and that the Second Party shall be considered to be an independent contractor and not a legal
; representative or employee of First Partq.
i 16. TERMINATION WITHOUT CAUSE: This agreement shall be for a cerm af one year (1 year) from the date
hereof, but shall be automatically extended for one year (1 year) at the end of such term and for ~nnual periods
thereafter (including such amendments or supplements as the parties hereto shall adopt) unless terminated as
hereinafter provided. After this agreement has been in force and effect for one (1j year frnm date hereof, ~
_ either party thereto may terminate this agreement withoat cause, by giving not less than thirty (30) days
notice in writing to the other party oi the termination of this agreement. Such written notice shall be given
' by Certified Mail, Return Receipt Requested, addressed to the other party, at its last know address.
R
17. TERMINATION FOR CAUSE: In the event of any breach of violation of the terms of this agreement bq
~ either pariy, the other party may terminate this agreement immediately by written notice to the other party ,
given in the manner prnvided above. In the event of any breach of this Agreement bq Second Party tde
~ Second Party agrees to ship such equipment freight prepaid ta the First Party at Sun City, Arizona, or to any
; other shorter distance destination First Party requests.
t 18. PLACE OF CONTRACT`. The provisions of this agreement shall be construed according to the laws oi
i Arizona, the place oi execution.
Ef
i
i
~
~ ~ eoQKzi3 P~~22?9
- - - ~ -