2003-083 - Laserfiche WebLink

Home Browse Search

(c) There are no pending or threatened lawsuits or administrative or other to use the Property for its intended purposes provided that such equipment or acces- sories do not impair the value or utility of the Property. In that event all such equip. proceedings contesting the authority for, authorization or performance of, or the expenditure of funds pursuant to this Agreement. ment or accessories shall become the property of Lessor together with the Property. (d) Information supplied and statements made by Lessee in any financial (b) Without the written consent of Lessor, Lessee shall not make any other statement or current budget prior to or contemporaneously with this Agreement are alterations, modifications or improvements to the Pro perty except as re or p ovementsgto the or true and correct. mitted hereunder. Any other alterations, modification per- (a) Lessee has an immediate need for, and expects to make immediate use Property shall immediately become part of the Property, subject to the provisions hereof. Without the prior written consent of Lessor, Lessee shall not affix or attach of, substantially all the Property, which need is not temporary or expected to dimin- any of the Property to any real property. The Pro ish in the foreseeable future, and Lessee will not give priorityor paritypp Peecomes affixed or d to shall remain personal property priation of funds to the acquisition or use of any substitute property for purposes or rests upon any real property or any improvement thereon. al property or permanently functions similar to the Property's or for the procurement of services from a third rests u y • p party which services are substitute for the utilization of the Property by the Lessee. T• DAMAGE TO OR DESTRUCTION OF PROPERTY. Lessee shall bear the entire of loss, dama , (f) There are no circumstances presently affecting the Lessee that could cause riskwhatsoeverand no loss,fdamage, theft, or destruction of the Pro, or destrction of the Property from pand erty shale reasonably be expected to alter its foreseeable need for the property or adversely release Lessee from the obligation to pay the full amount of the rental payments or affect its ability or willingness to budget funds for the payment of sums due hereunder. from any other obligation under this Agreement. (g) Lessee's right to terminate this Agreement as specified in Paragraph 11 (a) In the event that all or any part of the Property is lost, stolen, destroyed or hereof was not an independently bargained for consideration, but was concluded damaged beyond repair, Lessee shall replace the same with like Property in good solely for the purpose of complying with the requirements of the laws of the State in repair of like value at Lessee's sole cost and expense as soon thereafter as which Lessee is located. possible, but in no event later than 60 days after such occurrence, and any such replacement (h) Lessee has on hand and legally available, funds from sources other than ad shall become subject to this agreement. Insurance proceeds received by Lessor with valorem taxes sufficient to make all payments due under this Agreement during the cur-hrespect to any such casualty shall be paid to Lessee if such Proe rent fiscal year of Lessee. Nothing in this lease all be construed to constitute a pledge Lessee as required hereunder. P riY is replaced by of ad valorem taxes. Lessee has on-hand legally available funds from sources other 8, INSURANCE. Lessee shall, for the term of this Agreement, at its own expense, than ad valorem taxes sufficient to make all payments due under this Agreement during maintain pomprehensive liability insurance with respect to the Property insuring the current fiscal year of Lessee; and, Lessee pledges to make future payments over against such risks and in such amounts as are reasonably required by Lessor from the lease term out of other budgeted sources of non-ad valorem tax revenues. time to time. In addition, Lessee shall, for the tern of this Agreement, at its own (1) The Lessee has reviewed is projected revenues and its expenses and rea- expense maintain casualty insurance with respect to the Property, sonably expects that it shall have on hand and legally available, funds from sources customary risks with coverage at all times not less than the remaining Pring cipalinst other than ad valorem taxes sufficient so to timely make all payments as they Balance determined as of the end of Lessee's preceding fiscal year. All insurance become due under this Agreement during the Term hereof. policies shall be with insurers authorized to do business in the state where the and Q) Lessee shall make appropriations for payments for each fiscal period or Pr pe ty i ilocated mayshall name both Lessor and Lessee as insured as their ppear. Insurance proceeds periods only from sources of funds which are legally available to make payments payable to the Lessee and, at he option of he Lessees happlied be appldto a thlerb(a) under this Agreement, and from sources of funds other than ad valorem taxes. the replacement, repair or restoration of the Property. or, (b)-payment of Balance Due (k) All required public bidding procedures regarding the award of this A regiment Lessor (as defined hereafter). Lessee shall, upon request, deliver to Lessor evidence and the selection and acquisition of the P p y g of the required coverages together with premium receipts. In the event Lessee fails, roperty have been corn lied with b Lessee, for any reason, to comply with the requirement of this Paragraph, Lessee shall 4. USE and LICENSES. Lessee shall pay and discharge all indemnify and save harmless, and, at Lessee's sole expense, defend Lessor and its and shall cause the Pro9 operating expenses agents, employees, officers and directors and the Pro Property to be operated by competent persons. Only Lessee shall Property against all risk of loss not use the Property only for its proper purposes and will not install, use, operate or main- tain the Property improperly, carelessly, or in violation of any applicable law, ordinance, rule or regulation of governmental authority or in violation of any policy of insurance 9• INDEMNIFICATION. Lessee shall indemnify and save harmless Lessor and its required pursuant to Paragraph 8 hereof, or in a manner contrary to the nature of the agents, employees, officers and directors from and, to Lessee's expenses, defend Property or the use contemplated by its manufacturer. Lessee shall keepthe Property Lessor and its agents, employees, officers and directors against all liability, udioblga- P sty tions, losses, damaged penalties, claims, actions, costs and expenses (including but at the location stated on the Certificate of Acceptance executed by Lessee upon deliv- not limited to reasonable attorneys' fees) of whatsoever kind or nature which in any ery of the Property, until Lessor in writing permits its removal, and the Property shall be way relate to or arise out of this Agreement or the ownership, rental, possession , used solely in the conduct of the Lessee's operations. Lessee shall obtain, at its operation, condition, sale or return of the Property whether caused in whole or n expense, all registrations, permits s and licenses, any, required by law for the installa- by Lessor's fault. All amounts which become due from Lessee under thiin part s Paragraph nce provided(30) days tion and operation of the Property. License plates used on the Property shall be issued 9 shall be credited with any amounts received by the Lessor from insura to and in the name of the Lessee. If a certification of title is issuabfe with respect to the by the Lessee and shall be payable by the Lessee within thirtyfollowing Property, i shall be delivered to the Lessee showing title to be in the Lessor's name, demand therefore by Lessor and Lessee's obligations under this Paragraph 9 shall 5. MAINTENANCE. Lessor shall not be obligated to make any repairs or replace- survive the termination or expiration of this agreement. ments to the Property. At its own expense, Lessee shall service, repair and maintain the 10. REPRESENTATION OR WARRANTIES BY LESSOR. Lessee requests Properly in as good condition, repair, appearance and working order as when delivered Lessor to to purchase the Equipment from a seller (the "Seller") and arrange for deliv- to Lessee hereunder, ordinary wear and tear from proper use alone excepted, and shall ery to Lessee at Lessee's expense, which shall be deemed complete upon Lessee's replace any and all parts hereof which may from time to time become wom out, lost, acceptance. Lessor shall have no responsibility for delay or failure of Seller to deliver stolen, destroyed or damaged beyond repair or rendered unfit for intended use, for any the Equipment. THE LESSEE ACKNOWLEDGES THAT LESSEE HAS SELECTED reason whatsoever, all of which replacements shall be free and clear of all liens, encum- brances and claims of others, and shall become part of this Pro f THE EQUIPMENT LEASED HEREUNDER PRIOR TO HAVING REQUESTED THE Property and subject to this LESSOR TO PURCHASE THE SAME FOR LEASING TO THE LESSEE, AND Agreement. Lessor may, at is option, discharge such costs, expenses and insurance premiums necessary for thereLESSEE AGREES THAT THE LESSOR HAS MADE AND MAKES NO REPRE- all sums so expended shall be duuerfroom Lessee in add preservation tof the Property and SENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, DIRECTLY OR payments hereunder. INDIRECTLY, EXPRESS OR IMPLIED AS TO ANY MATTER WHATSOEVER, 6. ALTERATIONS. INCLUDING THE SUITABILITY OF SUCH EQUIPMENT, ITS DURABILITY, ITS FIT- NESS FOR ANY PARTICULAR PURPOSE, ITS MERCHANTABILITY, ITS CONDI- (a) Lessee may, at its own expense, install or place in or on, or attach - or affix TION, CAPACITY AND/OR ITS QUALITY, AND AS BETWEEN LESSEE AND to, the Property, such equipment or accessories as may be necessary or convenient LESSOR AND LESSOR'S ASSIGNEES, LESSEE LEASES THE EQUIPMENT 'AS 1S" AND "WITH ALL FAULTS". LESSOR AND LESSOR'S ASSIGNEE SHALL all Lessee hereby acknowledges receipt of the equipment described in its Lease with Lessor (the "Equipment") and accepts the Equipment after full inspection X thereof as sari tory for all purposes of the lease. O E SIGNATORY A 7!7 THORIZED OFFICIAL SIGNATUR OF THE C TITLE man Ikennem .TIrL WITNESS y` \ SIGNATURE DELIVERY $ ACCEPTANCE DAT PRINT NAME & TITLE OF WITNESS Kimhprl if FXPctltivA Aida + „ Rrr