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1.
TITLE AND RENTAL RATE. Lessee shall have possession of the equipment
described herein only during the term of this lease and title
to same shall be and remain in Lessor. The first rental day
shall be the day of delivery to Lessee and the last rental day
shall be the day of return if such return be after 10:00 o’clock
AM.
2. LIABILITY OF LESSOR AND INDEMNITY. Lessor shall not be liable
for any loss or damage caused by leased equipment, whether to
Lessee or its property or any other person, firm or corporation,
or to the property of any other person, firm or corporation,
nor shall lessor be liable for the repair, maintenance or servicing
of the leased equipment or for any delay or failure thereof,
or for any interruption of use of same or loss resulting therefrom.
By acceptance of delivery Lessee acknowledges having examinedthe
leased equipment and to have found it to be as ordered from
Lessor. Lessor’s liability, if any, for furnishing the
wrong or defective equipment to Lessee is limited to a rebate
of the rental charged hereunder for such equipment. Lessee hereby
indemnifies and holds Lessor, its agents and employees, harmless
from and against, and assumes liability for any and all losses,
damages, injuries, claims, demands and expenses, including legal
expenses of whatever kind or nature arising out of the use,
condition (including, without limitation, latent or other defects,
whether or not discoverable by Lessor), ownership, possession,
operation, maintenance and/or leasing of the leased equipment
or
any of it, and by whomsoever used, operated, maintained or possessed.
The Lessee shall be responsible for any damage to the equipment
while in his possession, and shall pay to Lessor, upon demand,
the value of so much of the equipment, or any part thereof,
that may be damaged or destroyed by any cause including an act
of God. Indemnity and assumptions of liability herein contained
shall continue in full force and effect during the entire term
of this lease notwithstanding the surrender of possession prior
to the expiration hereof or for the period the equipment leased
hereby, or any part thereof, is not returned to Lessor, whichever
period is the longer.
3. INSURANCE. Lessee shall and at its expense, at all times
from the time of the equipment leaving Lessor’s premises,
maintain General Liability, Automobile Liability and property
damage insurance in amounts and with insurance companies satisfactory
to Lessor, protecting Lessor as an additional insured/loss payee
and providing for 10 days written notice to Lessor before any
policy shall be modified or cancelled. Lessee shall deliver
to Lessor, upon request, evidence of insurance coverage satisfactory
to Lessor. Should Lessee fail to procure or pay the cost of
maintaining in force the insurance specified above or to provide
Lessor upon request with satisfactory evidence of insurance,
Lessor may, but shall not be obligated to procure the insurance
and Lessee shall reimburse Lessor on demand for its cost. Suffering
lapse or cancellation of the required insurance shall be an
immediate and automatic default by Lessee under this agreement.
4. ASSIGNMENT AND SUBLETTING. Lessee will not assign, transfer
or sublet its rights under this lease, will not pledge, mortgage
or encumber the leased equipment or its rights hereunder and
Lessee will not permit same to be subjected to any lien, charge
or encumbrance. Lessee shall not use or permit the use of the
leased equipment at any time except for lawful purposes and
by duly qualified, carefully selected servants and/or agents
of Lessee and shall keep the equipment leased hereby in Lessee’s
sole custody. This Equipment or any part thereof, may not be
removed from the County of Los Angeles, State of California
without the prior written consent of the Company endorsed hereon.
The equipment shall not be sublet or assigned without the prior
written consent of the Company endorsed hereon.
5. RETURN, REPAIRS AND MAINTENANCE. Unless Lessee gives written
notice to the contrary upon execution of this lease, the leased
equipment shall be conclusively presumed to be in good repair,
mechanical condition and running order. Lessee shall not remove
any name plate or tag from any of the equipment leased hereby.
Lessee shall operate each piece of leased equipment according
to its prescribed operating procedure, maintain same in good
condition, running order and repair and shall upon the termination
of this lease, deliver each piece of equipment to Lessor at
Lessor’s place of business or other designated place in
as good condition as when delivered to Lessee, ordinary wear
and tear excepted. In the event of loss or damage to the equipment
leased hereby, Lessee agrees to repair and/or replace same and
to pay to Lessor rental at the rate set forth on this contract,
for such a period of time until such lost or damaged equipment
shall be replaced or repaired, together with all costs and expenses
of such repair or replacement. In determining whether equipment
shall be replaced or repaired, Lessor’s arbitrary judgement
in that respect shall be conclusive upon Lessee.
6. CANCELLATION. In the event of cancellation while on daily
schedule, for any reason including weather, the following charges
shall apply in consideration of Lessor, preparing equipment
and holding it available a) Cancellation more than 18 hours
before the time set for the lease to commence; 20% of the daily
rental rate unless cancellation is due entirely to weather,
in which case there will be no charge b) cancellation from 18
hours for 2 hours before the time set for the lease to commence,
40% of the daily rental rate, unless cancellation is due entirely
to weather, in which event 20% of the daily rental will be charged:
c) cancellation from 2 hours before the time set for the lease
to commence; 50% of the daily rental rate regardless of the
reason for cancellation, d) cancellation any time after the
time set for the lease to commence,, the full daily rental rate
will be charged regardless for the reason for the cancellation.
When on a weekly schedule rate, Lessee guarantees rental for
the minimum number of weeks specified in this agreement. No
reduction shall be made in the event of cancellation.
7. UNLAWFUL ACTS. Lessee shall not permit leased equipment to
be used in violation of any
federal, state or municipal statues, rules or regulations and
indemnifies and holds Lessor harmless
from any and all fines, forfeitures, penalties and for the violation
of any statute, law, ordinance,
rule or regulation of any duly constituted public authority.
Lessee shall be liable to and shall upon
demand pay Lessor for the loss of the leased equipment caused
by the confiscation thereof by any public authority by reason
of the illegal use thereof by any person, firm or corporation,
including, without limitation, Lessee, its agents, servants
or employees or from loss resulting from conversion or larceny
by any of Lessee’s agents, servants or employees or any
other person. Equipment shall not be driven or transported outside
the continental United States without the written consent of
the Company.
8. BANKRUPTCY-INSOLVENCY. The appointment of a receiver to take
possession of all,
or substantially all of lessee’s assets, the making of
a general assignment for the benefit of creditors by Lessee,
the issuance of a writ of attachment or execution for levy upon
Lessee or any part of Lessee’s property, or any action
taken against or suffered by Lessee under any insolvency or
bankruptcy act shall constitute a default by Lessee and a breach
of this lease and in addition to all other remedies of Lessor,
Lessor may thereupon terminate this lease and repossess any
or all of the leased equipment without prior notice to Lessee
or to any receiver, trustee, assignee for the benefit of creditors,
or levying officer.
9. DEFAULT. In the event Lessee shall fail to make any of the
rental payments when due or shall fail to perform any other
covenant or condition hereof to be performed by Lessee or shall
any of the events described in paragraph 6 hereof occur, Lessor
may, in addition to all other remedies provided by law, exercise
any one or more of the following, with or without demand, notice
or legal process: a) Recover from Lessee all sums then due:
b) Repossess the leased equipment (by entering upon Lessee’s
premises if necessary without liability for trespass, or responsibility
with respect to the leased equipment or to any article left
in or attached to same; and recover from Lessee all damages
sustained by Lessor as a result thereof; c) Recover from Lessee
any and all damages which Lessor shall have sustained by reason
of the non performance of the Lessee of the terms and conditions
of this lease; d) Retain, free from any claim by Lessee all
payments or other property theretofore received under this lease;
e) Recover from Lessee all expenses incurred by Lessor protecting
its rights under this agreement, including, without limiting
the foregoing, attorney’s fees, court costs, costs of
locating, repossessing, repairing, reconditioning and storing
leased equipment.
10. SET-OFF. Sums payable to Lessor hereunder shall not be subject
to any abatement, defense, set off, counterclaim or recoupment,
by reason of any damage to or loss or destruction of the leased
equipment, partial or total or by reason of any interruption
from whatever cause in the use, operation or possession of the
leased equipment and Lessee hereby expressly waives the provisions
of the California Civil Code, Sections 1932 (a) and 1933 (4)
11. RIGHT OF ENTRY. It shall be lawful for the Lessor or its
agents at all reasonable times to enter the premises upon which
the leased equipment is kept for the purpose of viewing the
state and condition of said leased equipment.
12. RETURN OF EQUIPMENT The acceptance of the return of the
leased equipment is not a
waiver by Lessor of any claims that it may have against the
Lessee, nor a waiver of claims for latent or patent damage to
the leased equipment.
13. WARRANTY. No terms, representation or warranty express or
implied, not herein set forth in writing shall bind Lessor.
14. Time and the prompt performance of the parties respective
obligations hereunder are of the
essence of this lease.
15. Shipment by mail and/or common carrier shall be at lessee’s
risk and expense. Lessor shall not be required to make prepayment
of shipping expense or advance payment of shipping expense for
Lessee
16. GENERAL PROVISIONS. The terms and conditions of this lease
shall apply to any and all
equipment leased by Lessee from Lessor from and after the date
of execution of this lease for
which no separate written lease is executed by the parties.
This lease and its provisions shall be
construed and interpreted under the laws of the State of California.
This is an agreement of lease
only and expresses the entire agreement and understanding of
the parties. Nothing herein shall be
deemed to grant to Lessee any right, title or interest in any
of the leased equipment except its interest as a Lessee thereof.
This lease shall be binding upon and inure to the benefit of
the heirs, personal representatives, successors and assigns
of the parties and shall be subject to modification only by
another agreement in writing expressing an intention so to do.
A performance of any covenant of Lessor hereunder may be suspended
to the extent it is delayed, hindered, or prevented because
of an act of God, force majeure, war, government regulation,
labor dispute, shortage of necessary supplier or personnel,
or other matters beyond its control. Notices hereunder shall
be given in writing and mailed certified mail, return receipt
requested, to either party at the address specified herein.
The Waiver by Lessor of any breach of any term, covenant or
condition shall not be deemed a waiver of such term, covenant
or condition or of any subsequent breach of the same or any
other term, covenant or condition of this lease. The singular
includes the plural and the plural the singular and the neuter
gender and masculine and/or feminine gender. If any Lessee hereunder
shall be an individual, the death or adjudication of incompetency
of such individual shall at the option of the Lessor, terminate
this lease. Any of the rights or remedies of the Lessor hereunder
are cumulative and not exclusive and may be exercised by any
assignee of this lease, but such assignment shall not, in any
event be deemed to impose any of the Lessor’s obligations
hereunder upon such assignee. Lessee’s obligations under
this lease shall commence with the delivery by Lessor to any
person, firm or corporation authorized to receive such equipment
for Lessee’s account. |
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