HomeMy WebLinkAboutContracts & Agreements_3-1961v
SMITH BOOTH USHER COMPANY
EQUIPMENT LEASE
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LESSEE: ..... ....... .......... ..cIrT.'...0j'...1�� a,*,....Dap,1lki T 1W..... .PMX1P....:0Q1t-X8............. ...... ................ ....................................
..
Address: No...................... 'E" ....iiAL w .....YI,I+ S-4.... GAJOW-AT-WORTO................................................................................................(Street or Avenue)
City and Postal Zone ..1li2AL4iii.WW. .. ......................................County of.......111kt . =X............................State........."%" RX'XA
LESSOR:_.... .....-AXI-Tk ...f OTi>t.....ii8A=...fiW A.Iff.....................................,........................................................................................._ ..
Address: No....... iP4 eit, RQ�,...1....,.R...►RR............................................... ......(Street or Avenue)
City and Postal Zone..... +111...A80OL213 .J111*..............................County of..OALI RXA.................... ....State... jA1t210Rx.1 A
Lessor hereby leases to Lessee, and Lessee hereby hires and takes from Lessor the following -described personal property
(hereinafter, with all replacement parts, additions, repairs and accessories incorporated therein and/or affixed thereto, referred to
as "equipment"): (Describs equipment fully, iacludinq make, kind of unit, serial and modal numbers, and any other pertinent Information.)
�i ♦Z AWrtivowwor*ilers freer Ozows Poorer Grodel1'
so spoostloo in VVI #8Ia quotoslon dosed L2409"60
and Lessor agrees within 91: 0.40...I-0,78.......................................from the date hereof to cause said equipment to be delivered to
Lessee, f.o.b........... 010Ad.oe.....0.441tlt so......................................................................................................................................................................... -
TERM: This lease is for a term of. _.._.... months, beginning..... 461suory " .........� IQ��......., and ending
.....JYI..r.'1�...............,....................- .- I / ....... ( cn h, earl
(Month, Day)
REr1TE1LS: For said term or any portion thereof, Lessee shall pay to Lessor rentals aggregating $.... ... * .dd .............. of which
i t is herewith paid in advance and the balance of the rental, $..... , is payable In....
equal, successive, monthly rental payments of VO4.9 .&O.O...........each, of which the first is due...... 19 ,
and the others on a like date of each month thereafter, until fully paid.
M�Irt>°yf
PLACE OF USE: Lessee shall keep the equipment at ......................... .►.► County of !ems _ __ ................ ............
Co (Street Address and City)
State of....... ... until Lessor in writing permits its removal, and shall be used in the conduct of Lessee's business solely.
REPAIRS: Lessor shall not be obligated to make any repairs or replacements; Lessee shall no+ incur for Lessor's account or liability
any expense therefor without Lessor's prior written consent. Lessee shall inspect the equipment within 48 hours after its receipt;
unless within said time Lessee notifies Lessor, stating the details of any defects, Lessee shall be conclusively presumed to have ac-
cepted the equipment in its then condition, Thereafter Lessee shall effect and bear the expense of all necessary repairs, mainte-
nance, operation and replacements.
OPERATORS: Lessee shall cause the equipment to be operated by competent employees only, and shall pay all expenses of operation.
LIABILITY: Lessee shall indemnify and save Lessor harmless from any and all injury to or loss of the equipment from whatever cause,
and from liability arising out of the use, maintenance and/or delivery thereof, but shall be credited with any amounts received by
Lessor from insurance procured by Lessee. Damage for any loss or injury shall be based on the then true and reasonable market
value of the equipment irrespective of rentals theretofore paid or accrued.
INSURANCE: Lessee, at its expense, shall keep said equipment insured, for the term of this lease and any renewals or extensions
thereof, for the full insurable value thereof, against fire and theft with extended coverage and against such other risks in such
amounts as Lessor may specify. Lessee shall on request of Lessor deliver to Lessor the policies or evidence of insurance with a
standard long form endorsement attached thereto, showing losses, if any, payable to lessor, in form satisfactory to Lessor,
together with receipts for the premiums thereunder.
TAXES: Lessee shall comply with and conform to all laws, ordinances and regulations relating to the ownership, possession, use or
maintenance of the equipment, and save Lessor harmless against actual or asserted violations, and pay all costs and expenses of
every character occasioned by or arising out of such use, and pay promptly when due all taxes and other public or private charges
against or upon the equipment, as additional rental therefor.
TITLE: All said equipment shall remain personal property, and title thereto shall remain in Lessor exclusively. Lessee shall keep the
equipment free from any and all liens and claims, and shall do or permit no act or thing whereby Lessor's title or rights may be en-
cumbered or impaired. Upon expiration or termination hereof, the equipment shall be returned unencumbered to Lessor by Lessee
at Lessee's sole expense and in the same condition as when received by Lessee, reasonable wear and tear resulting from proper use
+hereof alone excepted. Lessee shall pay rent at +he said rate until all said equipment arrives at Lessor's premises.
INSPECTION: Lessee shall, whenever requested, advise Lessor of the exact location and condition of the equipment and shall give
Lessor immediate notice of any attachment or other judicial process affecting the equipment, and indemnify and save Lessor harm-
less from any loss or damage caused thereby. Lessor may, for the purpose of inspection, at all reasonable times enter upon any job,
building or place where the equipment is located; and may remove the equipment forthwith, without notice to Lessee, if the equip-
ment is, in the opinion of Lessor, being used beyond its capacity or in any manner improperly cared for or abused.
NON -WAIVER: Time is of the essence. Lessor's failure at any time to require strict performance by Lessee of any of the provisions
hereof shall not waive or diminish Lessor's right thereafter to demand strict compliance therewith or with any other provision.
Waiver of any default shall not waive any other default. Lessor's rights hereunder are cumulative and not alternative.
POSSESSION: Lessor covenants fo and with Lessee that Lessor is the lawful owner of said equipment free from all encumbrances
and that, conditioned upon Lessee's performing the conditions hereof, Lessee shall peaceably and quietly hold, possess and use the
equipment during said term without let or hindrance.
DEFAULT: In the event of Lessee's default hereunder or becoming insolvent or if Lessee ceases doing business as a going concern, or
if a petition is fled by or against Lessee under the Bankruptcy Act or any amendment thereto (including a petition for reorganization
or an extension), or if Lessee, without Lessor's prior consent, attempts to remove or sell or transfer or encumber or sublet
or part wi+h the possession of said equipment, or if Lessor deems itself insecure, Lessor and/or its agents may without notice
or liability or legal process enter into any premises of or under control or jurisdiction of Lessee or any agent of Lessee
where said equipment may be or by Lessor is believed to be, and repossess the equipment, disconnecting and separating all thereof
from any other property and using all force necessary or permitted by applicable law so to do; Lessee hereby expressly waives all
further rights to possession of the equipment and all claims for injury suffered through or loss caused 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 a reasonable sum (15% of the amount sued for if permitted by law) as attorney's fees, to be not
less than $50.
ASSIGNMENTS: Neither this lease nor Lessee's rights hereunder shall be assignable except with Lessor's written consent; the con-
ditions hereof shall bind any permitted successors and assigns of Lessee. If Lessor assigns the rents reserved herein or all or any of
Lessor's other rights hereunder, assignee's rights shall be independent of any claim of Lessee against Lessor; Lessee on receiving
notice of any such assignment shall abide thereby and make payment as may therein be directed. Following such assignment 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 and shall conspicuously identify each
item of the leased equipment by suitable lettering thereon to indicate Lessor's ownership. All transportation charges shall be borne
by Lessee, All notices relating hereto shall be mailed registered to Lessor or Lessee at its respective address above shown or at any
later address last known to the sender. In case of any default by Lessee hereunder all sums due and to become due hereunder shall, at
the option of Lessor or any assignee of Lessor, become payable forthwith. Lessee waives all rights under all exemption laws. Lessee
admits the receipt of a true copy of this Equipment Lease. This lease 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 faking of
possession by Lessor or for any other reason, and delinquent instalments of rental shall bear interest at the highest lawful contract
rate. In case of any default by Lessee hereunder, Lessor may sell the equipment or may re -lease the equipment for a 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
60 days after repossession, or any rental payments received under a new lease made within such 60 days for the period prior to the
expiration of this lease, less Lessor's expenses of taking possession, storage, reconditioning and sale or re -leasing, shall be applied
on the Lessee's obligations hereunder, and Lessee shall remain liable for the balance of the unpaid aggregate rental set forth
above. Lessee's liability shall not be reduced by reason of any failure of Lessor to sell or re -let within such 60 days.
PURCHASE OPTION: At any time after __ .. j.alllf 9: . ........1. .. 19..61 , if Lessee has paid in full all rentals owing here-
under and be not then in default hereunder, Lessee shallhavethe option to purchase said equipment upon giving written notice
not less than 30 days prior to expiration of the original term hereof. The purchase price shall be:
$21l944&00 165E all rsAtala paid to date.
If Lessee is a corporation, this Lease is executed by authority of its Board of Directors.
WORNS
............................................................................................................................................. By ...................... ............ ..............................................................
SM4zo
TH SHER COMPANY
ACCEPTED: ..................................................... ....... ............. ............................ ........ ......................_....... ................................(Lessor)
By... _.. _....._...........................................Its...................................... .
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