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10/11/2022
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10/11/2022
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12/12/2022 10:51:24 AM
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12/12/2022 10:22:39 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
10/11/2022
Meeting Body
Board of County Commissioners
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addition to paying the amounts required in the preceding sentence, Customer shall either (i) <br />make the Leased Equipment available for removal by Xerox (or by Customer where <br />applicable) when requested to do so by Xerox and, at the time of removal, the Leased <br />Equipment will be in the same condition as when delivered, reasonable wear and tear <br />excepted, together with any related Software or (ii) if available as an option, purchase the <br />Leased Equipment "AS IS, WHERE IS" and WITHOUT ANY WARRANTY AS TO <br />CONDITION OR VALUE by paying Xerox the purchase option, if available, as set forth <br />in the applicable Order, plus all applicable Transaction Taxes. If any unit of Leased <br />Equipment subject to this EL Module is terminated for any reason, other than <br />nonappropriations in accordance with Section GEN 1.22 or uncured Xerox default in <br />accordance with subsection GEN 1.12.b., including, without limitation, defaults under the <br />Agreement or a Standard Lease IA, Xerox may, in addition to its other remedies (including <br />cessation of Maintenance Services), remove the Equipment at Customer's expense and <br />require immediate payment, as liquidated damages for loss of bargain and not as a penalty, <br />of. (a) all amounts then due, plus interest from the due date until paid at the rate established <br />pursuant to § 55.03(1), Florida Statutes for Customer, and the highest rate allowed by <br />applicable law, or, absent such law, the rate of 1.5% per month for Non -Affiliated Eligible <br />Entities; (b) the Lease Minimum Payments (less the Maintenance Services and Consumable <br />Supplies components thereof, as reflected on Xerox's books and records) remaining in the <br />initial Term of the Standard Lease IA, discounted at 4% per annum; (c) the applicable <br />Purchase Option; and (d) all applicable Taxes. If Customer notifies Xerox and makes the <br />Equipment available for removal by Xerox in the same condition as when delivered <br />(reasonable wear and tear excepted) within 30 days after notice of default, upon recovery <br />of the Equipment Customer will receive a credit for the fair market value of the Equipment <br />(as determined by Xerox), less any costs incurred by Xerox. <br />EL 1.7 Leased Equipment Return <br />At the end of the lease term, Customer shall contact Xerox to schedule the return of the <br />Leased Equipment together with any related Software to Xerox. At the time of removal, the <br />Leased Equipment (and related Software) will be in the same condition as when delivered, <br />reasonable wear and tear excepted. <br />EL 1.8 Maintenance Component Price Increase <br />Unless otherwise stated in an Order, Xerox may annually increase that amount of the <br />Periodic Minimum Charge that Customer is charged for maintenance of Leased Equipment <br />(the "Maintenance Component"). <br />EL 1.9 Renewal <br />Unless Customer provides notice in writing at least ninety (90) days before the end of the <br />term of an Order for Leased Equipment of its intention not to renew, said Order for such <br />Leased Equipment will continue automatically on a month-to-month basis on the same <br />terms and pricing. <br />EL 1.10 Finance Lease <br />A LEASE TRANSACTION DOCUMENT IS A "FINANCE LEASE" UNDER ARTICLE <br />2A OF THE UNIFORM COMMERCIAL CODE AND, EXCEPT TO THE EXTENT <br />EXPRESSLY PROVIDED HEREIN, AND TO THE EXTENT PERMITTED BY <br />APPLICABLE LAW, CUSTOMER WAIVES ALL RIGHTS AND REMEDIES <br />CONFERRED UPON A LESSEE BY ARTICLE 2A. <br />[Remainder of page left intentionally blank] <br />FL -University of So. Florida Master Agreement 32 11/24/2017 <br />199 <br />
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