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1999-041
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1999-041
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Last modified
7/12/2023 8:40:57 AM
Creation date
7/12/2023 8:39:53 AM
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Template:
Official Documents
Official Document Type
Lease
Approved Date
02/09/1999
Control Number
1999-041
Entity Name
Commercial & Municipal Capital, LLC
Subject
Lease Purchase Agreement with Commercial & Municipal Capital, LLC for 2 Pierce (TM) Barber Pumper/ES
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C-1 <br />40 <br />any time be lawfully assessed or levied against or with respect to the Equipment and any equipment or other <br />property acquired by Lessee in substitution for, as a renewal or replacement of, or a modification, <br />improvement or addition to the Equipment, as well as all gas, water, steam, electricity, heat, power, <br />telephone, utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of <br />the Equipment; provided that, with respect to any governmental charges that may lawfully be paid in <br />installments over a period of years, Lessee shall be obligated to pay only such 'installments as have accrued <br />during the time this Agreement is in effect. <br />Section 8.03. Provisions Regardsrg Insurance. At its own expense, Lessee shall cause casualty, public <br />liability and property damage insurance to be carried and maintained„ or shall demonstrate to the <br />satisfaction of Lessor that adequate self-insurance is provided with respect to the Equipment, sufficient to <br />protect the Full -Insurable Value (as that term is hereinafter defined) of the Equipment, and to protect Lessor <br />from liability in all events. All insurance proceeds from casualty losses shall be payable as hereinafter <br />provided in this Agreement. Lessee shall furnish to Lessor certificates evidencing such coverage <br />throughout the Lease Term. Alternatively, Lessee may insure the Equipment under a blanket insurance <br />policy or policies which cover not only the Equipment but other properties. If Lessee insures similar <br />properties by self-insurance, Lessee will insure the Equipment by means of an adequate insurance fund. <br />The "Full Insurable Value" as used herein shall mean the full replacement value of the Equipment. <br />Any insurance policy pursuant to this Section 8.03 shall be so written or endorsed as to make losses, if <br />any, payable to Lessee and Lessor as their respective interests may appear. The Net Proceeds, (as defined in <br />Section 9.01) of the insurance required in this Section 8.03 shall be applied as provided in Article IX <br />hereof Each insurance policy provided for in this Section 8.03 shall contain a provision to the effect that <br />the insurance company shall not cancel the policy or modify it materially and adversely to the interest of <br />Lessor without first givistg written notice thereof to Lessor at feast 30 days in advance of such cancel lation. <br />Section 8.04. Advances. In the event Lessee shall fail io maintain the full insurance coverage required <br />by this Agreement or shall fail to keep the Equipment in good repair and operating condition. Lessor may <br />(but shall be ander no obligation to) purchase the required policies of insurance and pay the premiums <br />necessary and provide for payment thereof; and all amounts so advanced therefore by Lessor shall become <br />additional rent for the then current Original Tenn or Renewal Terni, which amounts, together with interest <br />thereon at the rate of 12% per annum, Lessee agrees to pay. <br />ARTICLE IX <br />DAMAGE, DESTRUCTION AND CONDEMNATION: USE OF NET PROCEEDS <br />Section '9.01. Damage, Destruction and Condemnation. Unless Lessee shall have exercised its option <br />to purchase the Equipment by making payment of the Purchase Price as provided herein, if prior to the <br />lermination of the Lease Terni (a) the Equipment or any portion thereof is destroyed (in whole or in pan) or <br />is damaged by fire or other casualty or (b) title to, or the temporary use of the Equipment or any part thereof <br />or the estate of Lessee or Lessor in the Equipment or any part thereof shall be taken under khe exercise of <br />the power eminent domain by any governmental body or by any person, firm or corporation acting under <br />governmental authority, Lessee and Lessor will cause the Net Proceeds of any insurance claim or <br />condemnation award to be applied to the prompt repair, restoration, modification or improvement of the <br />Equipment. Any balance of the Net Proceeds remaining after such work has been completed shall be paid <br />to Lessee. <br />For purposes of Section 8.03 and this Article IX, the term "Net proceeds" shall mean the amount <br />remaining from the gross proceeds of any insurance claim or condemnation award after deducting all <br />expenses (including attorneys fees) incurred in the collection ofsuch claims or award. <br />
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