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TEMPORARY EiQUIPMENT LEASE
<br /> This Temporary Equipment Lease is entered into as of the 21 day of
<br /> December , 2010 , by and between Indian River County Solid Waste Disposal District , a
<br /> dependent district of Indian River County, a political subdivision of the State of Florida , 1801
<br /> 27 `h Street , Florida 32960 ( "Lessor" ) and Republic Services of Florida, Limited Partnership ,
<br /> doing business as Treasure Coast Refuse , 18500 North Allied Way, Phoenix , Arizona 85054
<br /> ( "Lessee " ) , as follows :
<br /> 1 . Lease , Term and Rent . Lessor hereby leases to Lessee and Lessee hereby leases
<br /> from Lessor the equipment set forth on Exhibit 1 attached hereto ( " equipment" ) . The term of
<br /> such lease shall commence on January 1 , 2011 , on a month to month basis , and , except as set
<br /> forth in paragraph 7 below , shall terminate on :March 31 , 2011 . Lessee shall pay as rent for such
<br /> equipment the sum of $ 20 , 000 . 00 per month . Said amount shall be paid in advance , without
<br /> notice or demand ; provided , however, that that if this lease terminates prior to the end of a month
<br /> for which rent has been paid in full in advance , Lessor shall refund the pro-rated unused portion
<br /> of said rent .
<br /> 2 . Title, Use and Location of Equipment . Title to the equipment shall remain
<br /> always in the Lessor . Lessee shall use the equipment solely in connection with its operation and
<br /> maintenance of the Lessor ' s Class I Landfill and Customer Convenience Centers in Indian River
<br /> County, Florida . Such use shall at all times comply with ( i) applicable local , state and federal
<br /> laws , ( ii) manufacturer warranties and maintenance agreements , and ( iii) usual and customary
<br /> industry standards ; provided , however , that Lessee shall not have liability to Lessor under this
<br /> section 2 for any damage or loss to the extent caused by the negligence or willful misconduct of
<br /> Lessor, or its employees or agents . The equipment shall remain at all times at the Class I Landfill
<br /> or the Customer Convenience Centers , or at related locations or facilities . Lessee shall not
<br /> permit any person to drive or operate any motor vehicle included within the equipment over any
<br /> public road , if such person has been found guilty of, entered a plea of nolo contendere to , or has
<br /> charges pending for, driving under the influence of alcohol or a controlled substance , reckless
<br /> driving , or similar charges reflecting reckless or irresponsible operation of a motor vehicle in the
<br /> past five ( 5 ) years . Lessee shall not use any motor vehicle to transport any hazardous material ,
<br /> as defined under the Hazardous Materials Transportation Act of 1994 , as amended , 49 USC S
<br /> 5101 , et seq.
<br /> 3. Maintenance , Repairs and Risk of Loss . Lessee shall maintain and repair the
<br /> equipment and shall return the equipment to Lessor at the end of the lease (unless Lessee
<br /> purchases the equipment as described in paragraph 7 below) in the same condition that it was in
<br /> at the beginning of the lease , reasonable wear and tear excepted ; provided , however , that if the
<br /> reasonable cost of a repair exceeds $ 5 ,000 and if the repair arises out of the usual and customary
<br /> use of the equipment ( i . e . , the repair does not arise out of Lessee ' s violation of this
<br /> lease ,
<br /> improper operation, failure to maintain , neglect , abuse , vandalism , theft , etc of the equipment) ,
<br /> then Lessor shall , at Lessor ' s option , either ( a) pay the cost of repair, or (b ) remove the item from.
<br /> this Lease , in which case , the parties shall negotiate in good faith to determine an appropriate
<br /> rent reduction . The risk of all other loss shall be upon the Lessee .
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