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Home My WebLink About0289 t TERM 8 RISK OF L06S OR DAMAGE Tn~s Agreement shall b~come effactive as oi the date of iu execution and the Use?. at its expense, shall keep che Rented System in good repai? and furnish sl ~n~c ~3i cerm hereof shall termi~ata at the expiratio~ of the number oi rt»nths set parts, mechanism and devices required therefor. Usu aswmes the ent~re risk o1 torih on the face hereof commencing 15 days atter shipment of the Rented bss or damage to the Rented System, whether or not covered by inwrance, and System, whiCh date shall also mark the commentement of billinp hereunder. It no such loss sha11 relieve User of his ohly~ations hereunder. U9er ayrees to and cr,ere is a renewal renWl_anwunt ins8rted on the face hereof, thfs Ayreement does herebY ~ndemnity and hald Lesso~ harmless of, from a~d apainst all Naims _~ail be renewed automatically for four months and for additional four month ooscs, expenses, damagos ~1Q `IisbilitiRi~ including reasonabte attorneys' tees : e;~e~val terms thereafter unless User gives lessor vvritten notite oi termination tesulting from ur incident ~O t~e use, operation or stwage of tM Rent~SS~y~ f ,i !east 30 days befon the date of exp+~atan of the initiat term he~eot or any during the term oi this Agreement and while the Reoted SYstem is in tiu.~n renewai term. or control of the User. User, at his own expense, shall keep the Rented Systee' inw~ed to protect all interests of Lessor against a~~ risicsoi bssor dart~ape ~rom 2 RENTAI. PAYMENTS ~efY ~?atsoeve? a"d tor not less than tAe unpaid balance of the tota' rentats payable hereu~fer or 80% of the replacement oori ot the Rentec~ Uxr shall pay to lessor, during the ~nitial and all renewal termisl, the rental or whichever is higher, ancf in addition shatl pwchase ir~?rwice in ar .enewal rental payment artwunt specified on the face hereof. The lirst rental ~q~nt reaso~able under the c~rcumsta~ces to cwer the liffiility of l.essor foi p;yment shall be made herewith. All other rental w renewal rer.tal payments p~blic I~ability and property damage. Sa~d inwrance policies and the proceed: ~raii be rtiade, without offset or deduction of any kind, at Lessor's office in thetefrom shall be the sole property of Lessor and Lessor shall be narned as ar ~•~n~;e Plains. N.Y., unlessotherwisedi~ected in writing by lessor, in advance on inwred in all said policies The proceeds of such inwrance, whetha~ ~swfti~ f~rst day of each month of the initial or any renewat termisl. from loss or damage or rewm premiurr? o~ othervvise, slwll be applied towarc the replacement w repair of the Rented System or the payment ot obligatio~a 3 PURCHASE CREDIT of Usier hereunder at the option of Lessor. User hereby appoints Lessor as ite +f tt~ere is a purctwse credit percentage inserted on the face hereo(, arxf User is ~torney-in-tact to make claim for, receive payment of and execute or endwsf all documents, checks or drafts tor loss or damape or return premium unde~ any t ~n default hereunder. U~ shall have the optio~ to purchase the Rented ~~~a~ ~~~~Y on the Rented System. S~ stem (a, at the Use?'s option; if the Rented System P?ovided at the incepta~ of this Agreen+aM was and remains reconditioned instrumentation, new 9 DEFAULT nstrumantation identical to the Rented System) du~iny or at the end of the the event that User fails to make payment of a~y rental or othe? charges duE n~t ial term w of any renewal term upon 60 days' prior w?itten notice to Lessor ~nd upon simultaneous payment of the purcnase price which sAal~ be the cash ~g~^d~ tor a petiod of ten days from the date due, o~ in the event of any ~~.,;rchase price of the Rented System as of the date of aooeptance o~ this breach of the terms and conditans of this Agreement or any other a9reemem Agreement leu the applicable Purchase credit specified, beiwee^ User and Lessor i~ respect ot the Rented System, w if any credit ot other i~format~on wbmitted by User to Lessor be ~ot true in any matetial respect, then, at the option of Lessor and without notice or demand, alI rent 4 THE RENTED SYSTEM and other amounts then due or thereafter accruing under this Agreement sha11 User has selected the Re~ted SY~~ ~ Beckman Instruments, Inc. bec,~ome ~mmediately due and payable, a~d Lessor shall have the right, to the ~."Beckman") is abeut to fabricate and/or ship the Renced System (which, if the extent permitted by law: (a) to recover alI wms so due hereunder; (b) to retake ,n~2~al term of this Agreert~ent is 24 months o? ~ess, rt?aY be ^ev~ a ~mmed~ate possession of its Rented System without any process oi law, and for reconditioned instrumentatio~ at Bedcman's sole option) in reliance upon Usa's such purpose Lessor may enter upon any premises where the Rented Systert: ~ execution of this Agreement_ Us~ shall aocept the Rented System delivered in ~y be and may remove the eme therefrom without notice, without being j ;.orking condition and authorizes Lessor to insert herein serial numbers and a~y Iiable to User tAerefor, tc) to sell, or lease all or any port~on of ttrs Rented acid~Tional iniormation descriptive of the Rented System. Lessor sha~~ notify gy~~, W;ih the privilege of becoming the purchaser or lessee thereof, at public i Eeckman that arry warranties with respect to the Rented System she~~ ~~ure to ar private sale, for cash or on credit and without notice of its intention to do so ! U;er's benefit, but Leswr makes no warranty of any kind, expreu o~ implied: or of its do~ng w, in which event less~r sfiall apply tAe {xoceeds of any sucr s rh respect to the Rented Systan and s~+al~ not be Iiabfe, m any exrent transaccion less all rnsts and expenses incurred in connection with the reoovery. ~ .~f~atever, 1nr the sNection, quality, condition, merchantability, witabilfty, repai. or storage of the Rented Syriem or the transac[ion itself, ayainst all wms 3 f~rness, opeiation oi pe~/ormance of the Rented System or N+e maintenaxe d„e from User and User st?all pay any deficiency• (d) to pursue ~y othe~ ! rhereof,~ rar shall Lessor be liable for specitic periormance or damages, if any, if ~~~y ~mitted by law or equity. The sbove~ rentedies, to the extent ?cr any reason Bedcman delays or fails to malce delivery of the Rented SYn~. permitted by law, shall be deemed cumulative and may be exercised wccessivelY ~~r acknow{edges that at or before the execution of this Agreement, both the a ~oncurrently. Lessor shatl not be deemed to have waived any right hereunder ca;n purchase price a~d the rental price (as specified herein) tor the Rented by the xceptance of werdue payrt?ents. Waiver by Lessor of am breach of thK ~ stern were quoted to User by Lessor and an offer was made to, res~ectively, q~~~nt by User shall ~ot be deertied a waiver of future compliance therewith ~ii or rent the RMtted System to User for either of wtl~ prices User wa~rants ~~~h remain in full force and effeCt. User shall reimburse «ac the Rented SYstem ~s rented prima?dY for comme~c'al or business use. At L~~ for attor~ey's fees and all costs and expenses incurred in connection with ;ne end of the term of this Agree~nent, Us~, at its sole sxpense, shall promptly the enforcement of any right or retnedy hereunder. If any paYment is not made re,urn the Rented Syscem to Bedcman at its Regio~al Office nearest to Um in ~en due hereunde?, Usu shall pay, in additan to interest on wch arrwunt at ~~z same condition as when it had been rented by User, r?wmal wear excepted. the highest legal contract ~ate, all delinquent and other charyes permitted by law. 5 TITLE 70 DEPOSIT T:;:z co the Rentsd SYs~~^ ~S remain in Lessor- User agrees that the A~Y received by Lessor, at or prio~ to Lessor's acoeptence hereof, i~ exce~ ~;en[ed System ~s and shall remain perso~a~ P~oP~Y ~t ~ attached pf the first re~tal payment shall be held as security and may be applied to the -o or becpme part of any realty; that it shall be installed and u9ed at the ~~~t and/w perfotmance oi any obligation of User hereunder. Any ponion ocat~on specified herein and rat be removed therefrom; and that Usar sha11 ~ot of such security so applied shall be repaid to Lessor by User upon demand. Any ~ v~~t, secrete, mortyaye, assi9~, tran~er, lease, wbtet, loan, part with possession ~n~~ oi wch security not so applied shall be returned to User at the of ~r encumbe? the Rented System, a P~m~t any liens o~ charges to become termination of this Ag.eement. effective theraon, or permit or attempt to do any of the actsaforesaid. User wili • r~t use the Rented Systert? for any other purpose than that for which it was » MISCELLANEOUS •~sesigned or neglipently operate the Rented System: will oomP~Y Nrith alt faws This Agreement and all transactions hereundet shall be yoverned, in all respects, ~ ~eiating in arry vray to the use, ope?atiw? w mai^te^a^ce of the Rented System: ~ the taw oi the State of New York- a~d User hereby desigr?ates The ,,,~it attach such labels as Lessor may direct to show that the RentedSVs~~ ~S prentice-Hall Corporatan System, Inc., 521 Fifth Ave., New York, N.Y., at its ra ,~.vned Dy LQS9Df: nPleDy gai~is LESia~s ::.o s:y~^~`..: Lo ir.~:S L1?P Rnntwt - .~4~;-., JySteT 8L a~1y LIrt1E: a~1(1 51W~1 tlOt rtWkl' ~1Y alterations. 3ddltiOnS Of ~nt f0~ ti'le PUIp058 OT aCOCptI(19 9[~Y~Ce V~ ptOnti wiii~ii. t~i6 $2o2E G1~ ~:5:~ ~ma~ovemenu to the Rented Syuem without the prior written consen[ ot . York, wch agem having undertaken to promptty notify User of any such s~vice of process and to promptly mail to Usa all process so served. Lesso~ maY ~9^ ~ Lessor. This Agreement shall not be ass~9ned or transferred by User o? its « ~~~n, or grant a siDCUrity interest in this Agreement and/or the Rented ~ ~ticcessors without ihe prior written consent of Lessor• gy~~, ~n whole or in part, without prior notice to Usx. User shall recognize each such ass~gnment and/or sewrity interesi and shall not assert agai~st the ~ 6 TAXES assgr?ee and/or secured party any defense, oounter claim or offset that User 7r,ere shall be added to the renWl charges specified herein the amount oi any ~Y ~e ~'nst ~essor. At the request of Lessor, User will join Lessor it+ ~ ~e...es, hovrever desiy~ated, levied or based, dKectly or indKectly, on such executing financing statements or other documentation as is required by the charges or on this Ag~eement or the Rented SYstem a the u9e ihe~eof, includirg Uniform Cortmer~ial Coi3e- User auttwrizes Lessor to file financirg statertients ~ ederal, state and local Privilege or exc~se taxes based on y?oss revenue. as well 99Md onty by L~ssor in all jurisdictions where permitted by law. Any notice .~s any taxes or amou~ts in lieu thereot psid or paYable by Lessor in respect of hereu~der shall be served by registered or oertrfied mail, return reteipt ~he foregoing. excludinp, however, anY taxes based uP~n net inoome. requested. This Ageement conWins the entire A9reement oi the parties as to ~ the Re~ted SYStem. Alt previous and collateral agreernents, representations, werranties, promises and conditions relating to the wbject matter of thK . ~ 7 TRANSPORTATION• INSTALlAT10N A9reement are superseded hereby. Any representation, promise or oondition rot ~ T, ransportation and i~eallation charges with respect to the Rented SVn~ ~e ~^~rporated in this Agree~ne~t shall not be binding on eithe~ party. No waiver. r.:.~? ~ncluded hareuncfer un~ess theY are quoted by Beckman as an integra! part a~teration or rtqdification of this A¢eert~e~t shall be bindiny unlsss in writir~g of che cash purchase pric~ 01 ths Rentsd System. Such chsr9es sha~~ be ~+d s~9^~ by duty authonzed representatives of the parties_ Lessor and User ~ arately invoiced to snd paid by Ussr and shall be deemed additional rent Wa~ve any and aU rght to a trial by jury ~n any action o~ proceeding relating ir n~eunder_ any waY to th~s Ag~eement. ~ti~ ,~~VW ~11V~ ~ . ~ti:a . . c. 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