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<br /> American Honda Motor Co., Inc. ("AHM") AGENCY NAME ("Agency")
<br /> Indian River County
<br /> 1919 Torrance Boulevard Telephone: 3101783.3966 AGENCY STREET ADDRESS TELEPHONE :
<br /> 100-4C-6C 1840 25th Street 772-5674000
<br /> Torrance, California 90501 .2746 Fax: 310/222.6265 AGENCY CITY / STATE / ZIP FAX:
<br /> Vero Beach, FL 32960772-978.1780
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<br /> PERSONAL WATERCt2AFfi 1"PVIIC' I0EffJFICATION (use additional sheets If necessary)
<br /> Unit Year Model Hull Identification Number Unit Year Model Hull Identification Number
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<br /> Rental Term: From to
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<br /> AHM AGREES :
<br /> • Lease: AHM leases to Agency, for Agency's exclusive use, each PWC listed above (including all accessions, additions, parts, repairs ,
<br /> replacements , and
<br /> upgrades to it) .
<br /> • Good Title: AHM warrants its good title to each PWC .
<br /> • Taxes : AHM will file all personal property tax returns for each PWC and pay all taxes in connection with such filing.
<br /> AGENCY AGREES:
<br /> • Rent: Agency shall pay AHM One US Dollar (US$ 1 total per PWC) for each consecutive 12 month period that the PWCs are leased during
<br /> the Rental Term
<br /> ("Yearly PWC Rental ") . The first year's Yearly PWC Rental is due on the date of this Agreement.
<br /> • Transport: Agency will pay all costs to transport PWCs to Agency's location at the start of the Rental Term , and to return PWCs from
<br /> Agency's location .
<br /> • No Sublease or Assignment: Agency may not sublease PWCs, or assign this Agreement to anyone.
<br /> • Ownership: PWCs are marked as and at all times shall remain AHM's personal property. There is no PWC purchase option for Agency, express
<br /> or implied .
<br /> • Repair or Replacement: If any PWC is lost or damaged, AHM may repair or replace the damaged or lost PWC, and Agency shall promptly pay
<br /> AHM's
<br /> invoice therefor.
<br /> • Use, Condition, and Maintenance: PWCs may only be used by Agency's operators who are in compliance with the requirements of this Agreement,
<br /> for
<br /> purposes related directly to Agency's mission or role in patrol, enforcement, rescue, or education . Agency shall not permit any non-Agency
<br /> related individual
<br /> or entity to operate a PWC or ride as a passenger on a PWC, aside from a work-related , rescue, or emergency situation . Each PWC must
<br /> be used in a
<br /> careful and proper manner, and in compliance with all applicable laws, regulations, and manufacturer's or supplier's suggested guidelines . Agency
<br /> shall keep
<br /> each PWC in good condition and repair, fulfill all manufacturer's or supplier' s maintenance guidelines, and take actions needed to keep the
<br /> manufacturer's or
<br /> supplier's warranty in full effect for the warranty' s maximum term . Agency shall not alter any PWC (including insignia and lettering) without
<br /> AHM's prior
<br /> written consent. Agency shall maintain PWC service logs and copies of service reports. Agency may be charged a reasonable cleaning fee for each
<br /> PWC
<br /> not returned in clean condition .
<br /> • Operator Safety and Training : Each PWC shall be operated at all times in a safe and responsible manner. Agency shall ensure that before
<br /> operating a PWC, each PWC operator shall have undergone an extensive U.S. Coast Guard-approved safety training program including receiving
<br /> information on the safe operation of a PWC. At no time shall any PWC operator be under the influence of alcohol or any substance which affects
<br /> the ability to operate or control a PWC. Each PWC operator shall have a valid operator's license, if required by applicable law. PWCs are
<br /> inboard
<br /> boats and their use is subject to all applicable state and local boating laws, statutes, ordinances, and regulations. Agency shall be responsible
<br /> for
<br /> all fines and penalties incurred during the Rental Term for each PWC, and thereafter until each PWC is returned to AHM. Before operating a
<br /> PWC,
<br /> each PWC operator shall have read the owner's manual and any other safety material that accompanies the PWC. Each PWC operator shall
<br /> comply with all safety rules and regulations outlined in the PWC product material, and shall wear a USCG-approved personal flotation device and
<br /> eyewear. Each PWC operator shall operate the PWC with the safety lanyard properly attached to such operator, and shall heed all warnings on
<br /> PWC safety labels and PWC decals.
<br /> • Damages : AGENCY SHALL BE CHARGED FOR ALL DAMAGES RESULTING FROM ABUSE, MISAPPLICATION, OR NEGLECT. AGENCY WAIVES
<br /> ANY CLAIM (INCLUDING ANY BASED ON STRICT OR ABSOLUTE TORT LIABILITY) THAT AGENCY MIGHT NOW OR EVER HAVE AGAINST AHM
<br /> FOR, AND AHM SHALL NOT BE LIABLE FOR SPECIFIC PERFORMANCE FOR, ANY LOSS, DAMAGE (INCLUDING CONSEQUENTIAL AND
<br /> INCIDENTAL DAMAGES), OR EXPENSE CONCERNING OR ARISING OUT OF AGENCY'S PWC POSSESSION OR USE, IN NO EVENT SHALL AHM
<br /> HAVE ANY LIABILITY TO AGENCY FOR INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOST USE, REVENUE, OR PROFITS.
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