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HomeMy WebLinkAbout2003-083 y g 03 the Copier People o 3 - 0 K INC . SCHEDULE A Quantity Make/ Model/ Description S/ N 4 Mita 2030 Planten Covers N/A 4 Custom Cabinet & Spacers 3 Coin - ops N/A 4 w I I 4A .u rized Signer Kenneth R . Macht , Chairman BCC Approved : April 8 , 2003 3111 S . Oleander Avenue • Ft. Pierce , FL 34982 (561 ) 461 - 1201 • Vero (561 ) 562-0511 • Stuart (561 ) 283 -3499 • Fax (561 ) 562 -0520 ail Form 8038 - Ge Information Return for Small 'Tax-Exempt Governmental Bond issues , Leases , and Installment Sales (Rev. November _2000) t Under internal Revenue Code section 149 (e) OMB No. 1545 -0720 Departrneni the Treasury Internal Revenue service Caution: ff the issue price of the issue is $700, 000 or more, use Form 8038-G. Re ortin Authorit 1 Issuer's name Check box )f Amended Return ► ❑ 2 Issuer's employer identification number 3 Number and street (or P.O. bogilmail is not delivered to street address) f Room/suite 4 City. town. or post office. state, and ZIP code ro* �—y� ✓ 5 Report number �� � c 0 ; /7 335� �� �� s 6 Name and title of officer or legal representative whom the IRS may call for more information 7 Telephone number of officer or legal represemative ti Descri tion of nhli ations Check if reporting : a sinq)e issue ❑ or on a consolidated basis ❑ Sa Issue price of obligation(s) (see instructions) _ b Issue date (single issue) or calendar year (consolidated) (see instructions) )IN. . . . . . . 9 Amount of the reported obligations) on line 8a : a Used to refund prior issue(s) b Representing a loan from_the proceeds- of. another tax-.exempt .obligation (e . g . , bond bank) 9b - . 10 if the issuer has designated any issue under section 265 b 3 B1111 small issuer exception), check this box 11 If any obligation is in the form of a lease or installment sale, )che(ck this box - �❑/ 12 1f the issuer has elected to Day a penalty in lieu of arbitral rebate, check this box Under penalties of per jury l declare th have examined return and accompanyingschedules and statements. and to the best of my knowledge and belief, trey are correct, and co e. Sign Here 04 - 08 - 2003R . Macht , Chairman a .o:ized representative Date 41enneth r print name . and title General. Instructions Thus, an issuer may file a separate Form pr}-)er Fai That (Vfa Section references are to the internal 8038 -GC for each of a_ number of small y _red ' issues grid repoR the Temainder of small For rebating arbitrage (or paying a penalty to Revenue Cade unless otherwise noted- issues issued during the calendar yearon one lieu of arbitrage rebate) to the Federal Purpose of Form consolidated Form -8038-GC. However, a . government, use Form8038-T, Arbitrage separate Forth 8038-GC must be filed to give Rebate and Penalty in Lieu of Arbitrage Form 8038-GC . is used by the issuers of the IRS notice of the election to pay a penalty Rebate. For private activity bonds, use Ft rm tax-exempt governmental obligations to in lieu of arbitrage rebate. 8038, information Return for Tax- Exempt . provide the IRS with -the information required Private Activity Bond Issues. by section 149(e) and to monitor the . When To Fite requirements of sections 141 through 150, To .file a separate return, file Form 8038-GC Rounding to Whole Dollars Who M_Ust File on or before the 15th day of the second You may show the moneyitems on this calendar month after the dose of the return as whole-dollar. amounts. To do so, issuers of. tax-exempt governmentalcalendar quarter in which the issue is issued . drop any amount less than 50 cents and . obligations with. issue prices of less UlanTincrease any amount from 50 to 99 cents to $ 100,000 must file Form »+38-GC, o file a consolidated return, file Form the next higher dollar. 8038-GC on or before February- 15th of the Issuers of a tax-exempt governmental calendar year following the year in which the Definitions obligation with an issue price of $100,000 or issue is issued. more must file Form 8038-G, Information Obligations. This refers to a single Return for Tax_ Exempt Govemmetltal Late Ming. An issuer may granted an tax-exempt governmental obligation if Form Obligations. extension of time to rile Farm 8038-GC under 8038-GC is used for separate reporting or to Filing urn Section 3 of Rev. Prot . 88-1A, 1988- 1 C. B . multiple tax-exempt governmental obligations ing a . separate retIssuers have the 635, if R is. determined that the failure to file if the form is used for consolidated reporting. option to file. a . separate Form 803&GC for on time is not due to willful neglect Type or arty tax-exempt govemmental obligation with print at the top of the form, "This Statement Tax-exempt obligation. This is a bond, an issue price of less than $100,000. Is Submitted in Accordance with Rev. Proc. installment purchase agreement, or financial An issuer of a tax-exempt bond used to 88- 10. 0 Attach to the Form 8038-GC a letter lease, on which the interest is excluded from finance construction expenditures must file a briefly stating why the form was not income under section 103. separate Form 8038-GC for each issue to submitted to the IRS on time. Also indicate Tax-exempt governmental obligation. A give notice. to the IRS that an election was whether the obligation in question is under tax-exempt obligation that is not a private made to pay. a penalty in lieu of arbitrage examination by the IRS: Do not submit copies activity bond (see below) is a tax-exempt rebate (see the line 12 . instructions). of any bond documents, leases, or installment governmental obligation . This includes a bond Filing a consolidated return For a4 sale documents. See Where To File below. issued by a qualified volunteer fire tax-exempt governmental obrroatiors withdepartment under section 150(e). issue prices of less than -$100':000 that are Whefe To File Private activity bond. This includes an - not reported on a separate . Form 8038 -GC, File Form 8038-GC, and any attachments, obligation issued as part of an issue in which : an issuer must file a consolidated information with the Internal Revenue Service Center, • return including all such issues issued within Ogden. UT 84201 . More than i09a of the proceeds are to be the calendar year. used for any private activity business u, and Cat. No . 641058 Form 8038—GC (Rev . 1 : - 2000) %wolf%: INC . ; The Document Imaging People It is EGP 's intent to Provide Solutions, Service & Support for Guaranteed Customer Satisfaction ! Comprehensive Customer Support Agreement Customer: h✓9/RT/ /fti/,�W & Nyy B® ,,O" 02' Date: � ury � �Ory�y�,!'1 !t9s-vt'7cJ Address: s'2T Phone: 77O ' City. _� a 9WC4/ zip: 3 (99 & C) Make: HI J�q Model: 0030 Serial #: 3 70 9 0Y 7 Start Meter: Black: Start Meter Color: Digital Copiers ❑ Color Copiers ❑ Black/Wliite Printers ❑ Color Printers ❑ Facsimile ❑ Duplicators ❑ Optional Maintenance ❑ Network Support ❑ Combined Agreement (See attached Schedule A) Sales/Supply: 1-800-432-4731 . Service: 14004514407 Comprehensive Customer SupportAmement ❑ Afl inciusive ❑ Maintenance Only ❑ Monthly ❑ Quarterly Block Contract: Base & Overage: Black/White Copies/Prints Color CopiesTrints Copwsper Cycle: Minimum Base Char t� © . 8e= Minimum Base Charge: Mandu per Cycle: Copies Inckrded. 1 AG , 01'0431"00 Copies Included Costper Cycle: Overage cost/copy: 4 , 6�� Overage cost/copy. Block contracts: Invoiced on meter cycles. Each cycle is good for a specified number of copies or period of time, whichever comes first Base and overage contracts: This Agreement is for one (1) year and will be invoiced for a minimum base charge plus overage at the specked intervals. This Agreement will continue to renew annually unless THIRTY - (30) days written notice of cancellation, by either party, is given prior to the Annual Anniversary. Optional Maintenance In addition to the above Comprehensive Customer Support Agreement, we have made available to you the customer, Optional Maintenance that will cover parts on the specified connected devices as related to your digital system. This additional coverage includes the following items: Cost. 4 Cost: Cost. Cost: Cost.. Cost: Total for Optional Maintenance: Grand Total: + Tax (Base plus optional) Excludes all network or computer support that may be needed outside of the origrinal installation. Prepaid Blocks of Computer/Networkink Labor EGP, Inc provides Trained Certified MCSE, CNE, A + and Network+ field service professionals to assist you in your computer, networking, software and printer needs. As a valued customer, EGP, Inc. is extending to you the option to pre purchase discounted blocks of time for computer and network related service. Total hours purchased. Cost per hour: Total Cost $: + Tax I have declined to purchase a Network Support Contract, I understand that I will be billed at the current published per hour rate for on site and/or telepho support Customer Signature: Date: ) April 8 , 2003 at,� , t nneth R . Ma hat C Approved J�' � c,,� P/7 C PP Prices subject to change B ALL INCLUSIVE STATEMENT Under an A17-Inclusive Agreement EGP, Inc. will furnish all service, parts, labor, drums, toner and developer to produce a published guaranteed yield Copies are based on an 8. 5 " x 11 " sheet of bond paper, in addition on "wide format " equipment copies are based on "count " (linear foot). Excludes paper, staples, optional print systems, fax options, hard drives and any network support. EXCLUSIONSTATEMENTS Digital Copiers: Maintenance only - Shall cover all service, parts and labor, excluding toner, developer, imaging units, maintenance kits, staples, disposal tanks, paper, optional print systems, fax options, hard drives and any network support. Color Copiers: Maintenance only - Shall cover all service, parts and labor, excluding toner, developer, fuser oil, staples, disposal tanks and paper. Color Printers: Maintenance only - Shall cover all service, parts and labor, excluding toner, charger units, imaging units, disposal tanks, fuser oil, fuser cleaner, fusing unit and maintenance kit/development units. Black/*Wite Printers: Maintenance only - Shall cover all service, parts and labor, excluding toner, drum kit, developer kit, maintenance kit, fuser unit, process unit, and scanner unit. Facsimile: Maintenance only - Shall cover all service, parts and labor, excluding toner and imaging units. Duplicators: Maintenance only - Shall cover all service, parts and labor, excluding ink masters and drums. Optional Maintenance: Excludes maintenance required after the end-user installs software, software updates or any changes to the operating systems are made. Arty labor related to network; related problems, not directly involved in the replacement or repair of items listed in this Agreement. GENERAL TERMS AND CONDITIONS 1 . This Annual Maintenance Program shall not apply to repairs made necessary by accident, misuse, abuse, neglect, theft, vandalism, electrical power failure, water, acts of God, or other causality or to repairs made necessary by service performed by personnel other than EGP Inc. 2. The equipment shall be in good mechanical condition on the date of commencement of this Agreement, as determined by EGP Inc. and its service technicians. 3. This Agreement is not assignable and is automatically cancelled with respect to the particular machines, should the equipment it covers be sold to a third party. 4. In the event the equipment is moved out of EGP Inc. 's normal service area, EGP Inc. shall have the right to immediately terminate this Agreement and cease all future service on the equipment. 5. Excluded from this Agreement are modifications to the equipment and overhauls. 6. Service hours — Monday through Friday, 8:30 am — 5: 00 pm. EGP Inc. will be closed on the follawing holidays: New Year 's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 7. Drums replaced as a result of normal use will be replaced at no charge. The following conditions would be the exception. Replacement of abused drums will be charged at full price. Examples ofhow a drum can be abused are listed below: a. Touching the drum with fingers /foreign objects or use of supplies other than those recommended by the manufacturer. b. Allowing machine to be used in an environment contrary to manufacturer's recommendations. 8. This Agreement does not cover: a. Service necessitated by exceeding manufacturers recommended volume limitations, the ma�ction of Non-Original Manufacturer 's Equipment, parts, supplies, attachments , or supplies not authorized by EGP Inc. b. Repairs or cleaning necessitated by the improper installation of toner, developer orforeign agents. C. Exterior and add-on copy counting or monitoring devices (i. e. Hecon, Copyguard system). d Expenses incurred for supplies consumed in the course of service performed, damaged or misused by the customer are non-recoverable and replenishment of such supplies is the sole responsibility of the customer. Continued 9. Customer agrees to: a. Provide suitable electrical service and maintain proper environmental conditions. b. Pay for special servicingpossibly required to prepare the equTmentfor movement or to reinstall and adjust after a movement a Provide EGP Inc. with meter readings as needed and to accept estimated meter readings based on service history. 10. Network Support 1 hereby authorize EGP, Inc. and their representatives to operate the computer systems for purposes of testing, troubleshooting and inspection at my risk They may install the necessary materials (both hardware and software) into the described equipment EGP, Inc. shall not be held liable for any expenses or damages incurred during the installation or sovse of the above hardware or software by EGP or yourself. 11. Installation Agreement and Disclosure: I hereby authorize EGP Inc and their representatives to operate the computer of testing, troubleshooting and inspection at my risk Thm systems,for purposes ey may install the necessary materials (both hardware and software) into the described equipment EGP Inc. shall not be held liable for any expenses or damages incurred during the installation or use of the above hardware or software by EGP, yourself or any third party. 1 agree not to hold EGP Inc responsible for any loss or damage due to fire, theft accident or by any other cause. I acknowledge that an integral part of this installation procedure and normal operation of a computer system is the performance of regular back-ups. EGP Inc. will not perform a back-up of my computer systems, and I hereby release EGP Inc. from any liability regarding lost data on arty fzzed or removable drives. 12. Software Agreement: By using the provided software and associated materials, the user agrees that they have read understood and will comply with the following Agreement. This software and any associated material is provided "as-is " and EGF Inc. makes no representations or warranties, including but not limited to the use, ownership, portability, or distribution of the provided software. EGP Inc. shall not be liable for arty: damages or expenses incurred with respect to any claims by the user or arty third party arising from the installation, use or the inability to use the provided software and associated material Title to the copyright of the software and associated materials shall at all times remain with the creator. Any use, distribution, copying, or modifying of the software or associated materials shall be subject to the terms of the creator. 13. Recommended Computer Requirements: I understand that the digital equipment may not function property on computer systems or networks that have not met the specified minimum requirements. Any expenses incurred while satisfying the network and computer systems hardware or software requirements by the user, EGP Inc or any third party shall be the sole responsibility of the purchaser. No refunds of installation fees will be given if all minimum requirements are not satisfied 14. This Agreement contains the entire understanding, Agreement and contract between EGP Inc., and the Customer and each agrees that no representation, warranty or covenant was made by or on behalf of the other that is not contained in the Agreement, and that in entering into this Agreement neitherpant v relied upon any representation, warranty or covenant not herein contained 15. Handwritten and/or typewritten provisions inserted into this Agreement initialed by both parties and approved by an EGP Authorized Officer shall control over the typewritten provisions in conflict therewith. 16. This Agreement shall be governed by, and interpreted and enforced in accordance with the laws of the State of Florida. 17. If any legal action or other proceeding or action is brought forth for the enforcement of this Agreement, or because of an alleged dispute, breach default, or misrepresentation in connection with arty provision of the Agreement, the successful or prevailingpany or parties shall be entitled to recover reasonable attorney 's fees, court costs, and all other expenses, even if not taxable court costs (including without limitation, all such fees, costs and expenses incident of arbitration, appellate, bankruptcy) and post judgement proceedings), incurred in that action or proceeding or any appeal, in addition to any other relief to which the party or parties may be entitled Furthermore, the Customer agrees to pay all costs of collection including reasonable attorney 's fees whether suit be brought or not, incurred by EGP Inc., in collecting arty past due balances or recovering any equipment. 18. Customer 's exclusive remedy and EGP Inc. 's entire liability, in contract, tort, or otherwise, shall be to make all necessary repairs to the Equipment and to keep the Equipment in good operating condition In no event shall EGP Inc, be liable for any indirect, special or consequential damages arising from the Agreement or the use of the Equipment or any service provided under this Agreement. 19. In the event the Agreement is terminated prior to the end of the Agreement term, either by the Customer or by EGP Inc. as a result of a Customer default, the Customer shall nonetheless be obligated to pay EGP Inc. all amounts due for the balance of the Agreement term. These amounts shall be accelerated and become due and payable immediately upon such termination By signing, you agree that you have r=4 understand and will corrrply with all terms, conditions and statements listed above. This Agreement must be approved by- an EGP Authorized Officer before binding on EGP, Inc Customer: PrmtName. Ken ate: ADri l 8 , 200 .1 Signature' Title: �� Chairmen EGPAuthorized Officer: Signature: Date: `f�0 � 0 3 Version: 041102 } v' DE MUNICIPAL LEASE AGREEMENT NATIONAL BANK LEASE COMMENCEMENT MUNICIPAL LEASE NO. DATE oAw ROMe FULL LEGAL NAME 4' wlill -yam SELLERNENDOR COMPANY NAME ile , �a ADDRESS ", 0 1'fry fl ,,l s BILLING ADDRESS CITY STATE ZIP Y city COUNTY STATE ZIP SALES REP. PHONE ( I - G "� SEND INVOICE TO PHONE ATTENTION OF tl�Fael: ( 12 &)�V OUNT OF PAYMENTS is The original term of this lease shall be months EQUIIPMENT DESCRIPTION plus such renewals or extensions as may be agreed upon from time to time. EQUIPMENT LOCATION The monthly rental payments (exclusive of applicable sales or property taxes if any) IF NOT SAME AS ABOVE `� shall be as follows: CITY ICYUNTY STATE ZIP V per month for the first ' �) 7 / - � � , - months. (Plus applicable sales taxes, if any) QUANTITY p y MAKE, MODEL NO. SERIAL NO. $ per month for the following months. (Plus applicable sales taxes, if any) 7 t ' % .L° �� 1� �/ �R✓! &Cw Self Insured Yes No APR °%o Lessor is authorized to insert detailed description adding model and serial numbers, accessories and parts. Non-Cancelable Lease. This lease cannot be canceled or terminated except as expressly provided herein. The undersigned Lessor hereby agrees to lease to the undersigned Lessee, and Lessee hereby agrees to lease and rent from the Lessor, the equipment and personal property above described (or in the schedule, if any, annexed) with all replacement parts, repairs, additions, and accessories incorporated therein and/or affixed thereto (collectively referred to as the "Equipment" and/or "Property") subject to the terms and conditions stated below and on the reverse side hereof. 1 . TERM and PAYMENT&ACCEPTANCE OF PROPERTY. Subject to the con- Lessee, at all times keeping the Equipment free from any legal process or encum- ditions hereinafter stated and on the reverse side hereof, this lease shall be for the brance whatsoever, including but not limited to liens, attachments, levies and exe- term above stated, commencing with delivery of the Equipment described above to cutions, and shall give Lessor immediate written notice thereof and shall indemnify Lessee or to an agent of Lessee, which shall be evidenced by Lessee's execution Lessor from any loss caused thereby. Lessee shall not so affix the Equipment to of a Certificate of Acknowledgement and Acceptance of Leased Equipment made a realty so as to change its nature to real property and agrees that the Equipment part of this Agreement, as further proof of such commencement. Upon delivery of shall remain personal property at all times regardless of how attached or installed. the Certificate of Acknowledgement and Acceptance, Lessee has no right to Lessee shall keep the Equipment at the location shown above, and shall not revoke, reject or repudiate the Equipment. Lessee agrees to pay the total rental for remove the Equipment without the consent of the Lessor. the term , which shall be the total amount of all rental payments stated above. All monthly payments of rental shall be payable on the commencement date of this 2. TAXES. White subject to this lease and in addition to the payments to be lease and on the same day of each month thereafter and sent to the address made pursuant to Paragraph ( 1 ) hereof, Lessee agrees to indemnify and hold directed by Lessor, or its successors or assigns. Provided however, that neither the Lessor harmless from and against and to pay Lessor, as additional rent, on Lessee nor any political subdivision thereof shall be obligated to pay any sums due demand an amount equal to all license, assessments, sale, use, real or personal to Lessor hereunder from ad valorem taxes. The rental payments hereunder shall property, gross receipts or other taxes, levies, imposts, duties or charges, if any, be absolute and unconditional without abatement, set-off, or counterclaim . whether imposed at the inception or during the lease term, together with any penal- ties, fines or interest thereon imposed against or on Lessor, or the Equipment by Lessee intends the rental payments hereunder to be absolutely net to Lessor, and any governmental authority upon or with respect to the Equipment or the purchase, Lessee shall comply with the laws with respect to, and shall pay all taxes, license ownership, rental , possession , operation , return or sale of, or receipt of payments and registration fees, and similar charges imposed on the ownership, possession , for the Equipment, except any Federal or State income taxes, if any, payable by or use of the Equipment during the term of this lease and shall pay all taxes Lessor. Lessee may contest any such taxes prior to payment with due diligence imposed on Lessor or Lessee with respect to the rental , payments and leasing of and by appropriate proceedings provided such contest does not involve any the Equipment, except Federal or State net income taxes imposed on Lessor. adverse risks to Lessor's interest hereunder. The Equipment identified herein shall be purchased from such vendors as are 3. LESSEE'S COVENANTS and REPRESENTATIONS. Lessee covenants and selected by Lessee; provided , however that upon execution hereof Lessee shall represents as follows: thereby represent and warrant to Lessor that Lessee has executed a binding oblig- ation to purchase the Property. Such Property shall be delivered to the Lessee free (a) Lessee is a governmental entity and political subdivision of the state of and clear of all liens and encumbrances or interests of any party therein except the Florida, duly created and existing pursuant to the laws of the State of Florida, and interests of the Lessee and Lessor hereunder. The Lessee shall at all times keep has the full power and authority to enter into this Agreement and has taken all the Property free of any liens or encumbrances. Lessor shall not pay any monies appropriate steps to authorize the acquisition of the Property pursuant to this to the vendor or the Lessee for payment to the vendor until Lessee certifies to the Agreement and upon execution hereof by Lessee. This Agreement shall constitute Lessor that Lessee has accepted the Equipment hereunder. a legal, valid and binding obligation of Lessee, enforceable in accordance with its Lessor shall at all times retain title to the Equipment. All documents of title and evi- terms. dences of delivery shall be delivered to the Lessor. Lessee will not change or (b) All payments hereunder have been, and will be duly authorized and paid remove any tags, insignia, or lettering which is on the Equipment at the time of when due out of funds then on hand and legally available for such purpose. Lessee delivery thereof or which is thereafter placed thereon indicating Lessor's ownership will to the extent permitted by State law and other terms and conditions of this thereof, and at any time during the lease term, upon request of Lessor, will affix to Agreement, include in its budget request for each successive fiscal period during the Equipment in a prominent place, labels, plates. or other marking supplied by the Term of this Agreement a sufficient amount to permit Lessee to discharge all its Lessor stating that the Equipment is owned by Lessor. Lessee shall at its expense obligations hereunder and Lessee has budgeted and available for the current fiscal protect and defend Lessor's title against all persons claiming against or through period sufficient funds to comply with its obligations hereunder. (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 J NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OFANY may in its sole discretion exercise any or all of the following remedies in addi- KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY ADJUSTMENT tion to any other remedies existing under law or in equity: THERETO, OR BY AN INTERRUPTION OF SERVICE OR LOSS OF USE THERE- OF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATSOEVER OR FOR (1 ) Accelerate all payments remaining due for the entire term of this CONSEQUENTIAL OR ANY INCIDENTAL DAMAGES HOWSOEVER CAUSED. Agreement, and enforce this Agreement by appropriate action to col- LESSOR MAKES NO REPRESENTATION OR WARRANTY EXPRESS OR lett from general revenues of Lessee not arising from ad valorem tax- IMPLIED AS TO THE EQUIPMENT, ITS FITNESS FOR ANY PARTICULAR PUR- ation and which are otherwise legally available therefore amounts POSE, ITS MERCHANTABILITY OR ANY OTHER MATTER, NOR SHALL ANY due or to become due hereunder, by acceleration or otherwise. SUCH REPRESENTATION OF WARRANTY BY THE SELLER TO THE LESSEE (2) Terminate this Agreement, in which event, upon demand by Lessor the BE BINDING ON THE LESSOR NOR SHALL ANY SUCH BREACH RELIEVE following procedure (the "Remedy Procedures") shall apply: LESSEE OF OR IN ANY WAY REDUCE ANY OF THE LESSEE'S OBLIGATIONS TO LESSOR AS SET FORTH HEREIN. THIS DISCLAIMER OF REPRESENTA- (a) LESSEE RIGHT OF DISPOSITION. Lessee shall ( i) immediately TIONS AND WARRANTIES AND LIMITATION OF LIABILITY SHALL APPLY cease any use of the Property and cause the Property to be stored WITH EQUAL FORCE AND EFFECT TO ANY CLAIMS OF ANY THIRD PARTY in an appropriate place, ( ii) use its best efforts at Lessee's AGAINST LESSOR OR LESSOR 'S ASSIGNEE. If the Equipment is not properly expense to dispose of the Property within 60 days from receipt of installed, does not operate as represented or warranted by Seller or is unsatisfactory such written demand for an amount which shall approximate the for any reason, Lessee shall make any claim or account thereof solely against the equipment's "Fair Market Value" (as defined hereafter) as deter- Seller and shall nevertheless pay Lessor all rent payable under this lease. No repre- mined by a qualified appraiser. The proceeds from the sale of the sentation or warranty as to the Equipment or any other matter by the Seller or manu- equipment shall be forwarded directly to Lessor and applied to the facturer to the Lessee shall be binding on the Lessor nor shall any breach by the Balance Due Lessor. If the proceeds are less than the Balance Seller or manufacturer relieve Lessee of, or in any way reduce, any of the Lessee's Due Lessor, the lessee shall pay the deficiency to Lessor. If the obligations to the Lessor as set forth herein. Lessor hereby assigns to Lessee, solely proceeds exceed Balance Due Lessor, Lessee shall keep the for the purpose of making and prosecuting any such claim, any rights it may have overage. against the Seller for breach of warranty or representation respecting the Equipment. (b) DELIVERY TO LESSOR . if Lessee fails or refuses to dispose of Lessee understands and agrees that neither the Seller nor any agent of the Seller is the Property within that 60 day period , the Lessee shall , at its an agent of Lessor and that neither the Seller nor its agent is authorized to waive or expense, cause possession of the Property together with all docu- alter any term or condition of this lease. ments necessary to transfer legal and beneficial title thereto and 11 . TERMINATION FOR GOVERNMENTAL NON-APPROPRIATIONS. possession thereof to Lessor and to evidence the termination of all Lessee is a bona fide governmental entity of the State of Florida with Lessee's fiscal of Lessee's interest in the Property to be delivered at Lessor's year ending on of each calendar year. If Lessee does not direction consistent with the terms hereof. Lessor may then dis- appropriate sufficient funds to continue making the payments required under this pose of Property and the proceeds from the sale of the Property agreement for any of Lessee's fiscal years subsequent to the one in which the shall be applied to the Balance Due Lessor. If the proceeds are Agreement is executed and entered into, then this Agreement shall be terminated less than the Balance Due Lessor, the Lessee shall pay the defi- effective upon expiration of the fiscal year in which sufficient funds to continue satis- ciency to Lessor. faction of Lessee's obligation under this Agreement were last appropriated by Lessee The term "Balance Due Lessor" shall mean the sum of all pay and Lessee shall not, in this sole event, be obligated to make any further rental pay- ments remaining due for the entire term of this Agreement. ments due beyond said fiscal year. Lessee warrants that the necessary funds shall have been appropriated for all of the Property for Lessee's fiscal year during which the (c) Notwithstanding a return of the Property to the Lessor hereunder, execution by Lessee of this Agreement occurred. Lessee shall give Lessor immediate Lessee shall remain liable to Lessor for any damages caused Lessor as a result notice of Lessee's intent to terminate this Lease under this Section 11 which notice of any breach of the provisions of this Agreement relating to matters other than shall contain the termination date (which shall be the end of the last of Lessee's fiscal rent payments; provided , however, that Lessor may recover any such amounts year for which appropriation for the Property were made) and shall advise the Lessor only from general revenues of Lessee which do not arise from ad valorem taxes of the location or locations where the Equipment may be found on the Termination and are otherwise legally available therefor, to the extent available. Date. In the event of an early termination of this Agreement under this Section, all obligations of the Lessee to make rental payments which would otherwise be due 13. TERMINATION PROCEDURE. Lessee shall, upon any termination hereof hereunder after the termination Date shall cease and the Termination Procedure (see Pursuant e Paragraph 11 hereof deliver the Property to Lessor unencumbered and certified Section 13 hereof entitled "Termination") shall apply to the Property as to which this d in writing by a factory trained technician , qualified on the equipment Agreement is terminated. Lessee agrees: (i) not to terminate this Agreement under under lease, a be in r least as good condition and repair as when delivered tto o this Section 11 if any funds are appropriated to it for the fiscal year next succeedingLessee, ordinary wear and tear resulting from proper use alone excepted,the the fiscal year of termination, for either a the acquisition, b fPr the Property, to Lessee's sole expense , on such carrier, or delivering the ! O q . ( y purchase or lease) of other functionally4imitar equipment or (b) the procurement of services from a third Property to such location, as Lessor shall provide or designate s or within a rea- sonable distance from the general location of the Property. If Lessee fails to deliv- party, which seances ire fun de inetheb - ess ey the utilization of the Property by the er the Property to Lessor, as provided in this Paragraph 13, on or before the date Lessee, (ii) to express)�?rfclude u�thetessee's proposed budge`f appropriations each entry for payments due• under thisAgreement, And ;jiii) to comply with all other of termination of this Agreement, Lessee shall pay to Lessor upon demand , for covenants and representations, as set forth in paragraph 3 above. Lessee agrees that the period from the date of termination of this Agreement to the date Lessor either due to the natur� of the equfprtieGit 'which is thau�jject bf this lease, compliance by obtains possession of the Property or collects the Balance Due Lessor, monthly Lessee with this hon-substitution clause, will not impose a penalty or undue hardship rental in the amount set forth in lease payments. upon Lessee and will not materially affect'Leslee's ability to perform its public functions. In the event Lessor is entitled under the provisions of this Lease to obtain possession of the Property due to a voluntary relinquishment thereof by Lessee, Lessee agrees 12. DEFAULT ANb LESSOR'S REMEDIES. to (i) fully cooperate with Lessor in all respects in effecting a timely and orderly rede- (a) The livery of the Property to Lessor, (ii) at Lessee's expense to assemble and appropri- oUrrence of one`or more of the.(ollowiI events shall constitute an Event of Detately package the Property for shipment and to make the Property so assembled and �ult{;�vhether pccuaing voluntarily;Ar jnvoluntarily, by operation of law or pursuant to any order of any court or governmental agency. packaged available at one or more locations within the State of Florida, arranging with Lessor a convenient time for Lessor's pickup of that Property; (iii) execute and (1 ) Lessee's failure to make any payment hereunder when due; deliver to Lessor, or at Lessor's directions, all documents necessary to transfer legal and beneficial title to the Property in possession thereof to Lessor and to evidence (2) Lessee's failure to comply with any other covenant, condition or agree- the termination of all of Lessee's interests in the Property. ment of Lessee hereunder for a period of ten ( 10) days after notice in writing thereof; 14. ASSIGNMENT AND SUBLEASE. (3) Any representation or warranty made by Lessee hereunder shall be (a) Without the prior written consent of Lessor, Lessee shall not ( i ) assign , untrue in any material respect as of the date made ; transfer, pledge or hypothecate or otherwise dispose of this Agreement,- the Property, or any part thereof or any interest thereof, (ii ) sublet the Property or (4) Lessee shall make, permit or suffer any unauthorized assignment, any part thereof, or (iii) permit the Property to be used for any purpose not per- transfer or other disposition of this agreement or any interest herein , mitted by Paragraph 4 hereof. or any part of the Property or any interest therein ; (b) Lessor shall be entitled with or without notice to , or the consent of, (5) Lessee becomes insolvent or admits in writing its inability to pay its Lessee to sell , assign or transfer all or any part of its right, title and interest in, debts as they mature or applies for, consents to , or acquiesces in the to and under this Agreement (including, without limitation , those with respect to appointment of a trustee, receiver or custodian for the Lessee or sub- the Property and all payments of any kind due or which are to become due to stantial part of its property, or in the absence of such application , con- Lessor hereunder) and any such purchaser(s), assignee(s) or transferee(s) shall sent or acquiescence , a trustee, receiver or custodian is appointed for thereafter (jointly, if more than one) be deemed to be the Lessor hereunder, Lessee or a substantial part of its Property and is not discharged with- except that Lessor and Lessee agree and acknowledge that any such purchas- in sixty (60) days ; or any bankruptcy or insolvency law, or any dissolu- er(s) , assignee(s) or transferee(s) will have made no representation or warranty, tion or liquidation proceeding, is instituted by or against Lessee and , if and therefore will assume no obligation, with respect to the title, merchantability, instituted against Lessee, is consented to or acquiesced in by Lessee condition , quality or fitness of the Property for any particular purpose , or for the or is not dismissed within 60 days. enforcement of any warranties or service agreement made or assigned to (b) Upon the occurrence of any Event of Default specified herein Lessor Lessee by the initial Lessor names herein . Upon Lessee's receipt of written notice of Lessor's sale, assignment or transfer of all or any part of its interest ' s , Lessee. Lessee will immediately notify Lessor of any change occurring in or to the hereunder, Lessee agrees to attorn to and recognize any such purchaser assignee(s) , or transferee(s) (jointly if more than one) as the Lessor(s) under Property, of a change in Lessee's address, or in any actor circumstance warranted this Agreement. Upon assignment, Lessor is thereby relieved of any further or represented by Lessee to Lessor, or if any Event of Default occurs. obligations . Upon written request Lessee agrees to execute and deliver such (h) Use of the neuter gender herein is for purposes of convenience only and certificates or other instruments as may reasonably be requested, including, but not limited to, a separate acknowledgement of assignment and attornment cer- shall be deemed to mean and include the masculine or feminine gender whenever tificate in the customary form as to an and wherever appropriate. y purchaser's, assignee's or transferee's right, title and interest in , to and under this Agreement, and with respect to the captions set forth herein are for convenience of reference Only and Property and the Payments thereafter due and payable pursuant to this Agreement. (� t The ca r" y of the terms or provisions hereof. shall not define or limit an Y 15. PERSONAL PROPERTY. The property is and shall at all times be and remain G) Except as otherwise provided herein, this Agreement shall be binding upon personal property, as described in Paragraph 6 (b). and inure to the benefit of the parties hereto and their respective heirs, executors, 16. LESSOR'S RIGHT TO PERFORM FOR LESSEE. If Lessee fails to make an administrators, legal representatives, successors and assigns, where permitted by payment or perform or comply with any of its covenants or obligations hereunder, y this Agreement. Lessor may, but shall not be required to, make such Payment or perform or comply with such covenants and obligations on behalf of Lessee and the amount of any such 21 . PREPAYMENT OPTION. Provided Leese has complied with the terms and conditions of this Agreement, Lessee shall have the Option to prepay the payments payment and the expenses (including but not limited to reasonable attorney's fees ) due during incurred by Lessor in performing or complying with such covenants and obligations, subject tothis eAgreement on thTerm hereof as e date prior all but tto h less t next payment coming due. Lessor as the case may be, together with interest thereon at the highest rate permitted by 9 Property which is then applicable law, shall be payable h Lessee upon demand. shall be given written notice by Lessee of Lessee's intention to prepay 60 days prior to the next payment due. An administrative fee of fifty dollars ($50.00) may be 17. INTEREST ON DEFAULT. If Lessee fails top a an charged Lessee on any such prepayment. Agreement, whether payments of rent under ParagraphY payent due 1 under this Paragraph 2, or payment for performance by Lessor of Lessee's obligations, under thirty (30) days oA xes under 22. LATE CHRGES. Whenever y payment is not made by Lessee in full within he dated e, Le see agrees to pay to Lessor, not later than one Paragraph 16 or otherwise, within fifteen days after the due date thereof, Lessee month thereafter, an amount equal to 5% of the full scheduled payment, but only to agrees to pay Lessor interest on such delinquent payments from the date due until the extent allowed by law. Such amount shall be payable in addition to all amounts actually received in immediately available funds to Lessor at he highest lawful rate payable by Lessee as a result of exercise of any of the remedies herein provided. permitted by applicable law. 18. NOTICES. Any notices to be given or to be served. upon an 23. SECURITY INTEREST. To secure payment and performance of all obligations rtY of Lessee to Lessor hereunder, Lessee hereby grants to Lessor a continuing security connection with this agreement, must be in writing and may be given by certified or interest in the Equipment and proceeds thereof. Lessee shall execute one or more registered mail, and shall be deemed to have been given and received forty eight (48) Uniform Commercial Code financing statements in form satisfactory to Lessor to per- hours after a registered or certified letter containing such notice, postage prepaid, is fect the security interest granted by Lessor to Lessee herein. Lessee shall reimburse deposited in the United States mail, and if given otherwise shall be deemed to have Lessor for any searches, filings, recordings, stamp fees or taxes arising from the fil- been given when delivered to and received by he party to whom it is addressed. ing or recording of any Uniform Commercial Code financing statement, amendment Such notice shall be given to the parties at heir respective address(es) designated or termination, and this contract or any other instrument or statement. Lessee agrees on the signature page of this Agreement or at such other address as either party to procure for Lessor such estoppel certificates, landlord's or mortgagee's waivers or may hereafter designate in writing. other similar documents as Lessor may reasonably -request. Should Lessee be pro- 19. LIMITATION ON PAYMENTS. The interest component of rental payments due hibited (by State Statues, Charter, Local Ordinances, etc.) from granting Lessor a hereunder is not intended to and in no event shall exceed the maximum ratePa _ security interest in the Equipment under lease, then this paragraph shall be null and ted by applicable law and in the event any amount in excess of the maximum rate e 't void and Lessor shall not receive the aforementioned U.C.C. financing statements. permitted is paid by Lessee or collected by Lessor, then Lessee shall be entitled to receive a creditai against any amounts thereafter due hereunder or any of the amount 24. GOVERNMENTAL PURPOSES. Lessee and Lessor agree that it is the inten- of d excess, o i no amounts remain due hereunder, the Lessee shall be entitled tion of both parties that the Equipment be used for governmentalpurposes to immediate refund of any such excess. Lessee shall not be entitled to interest on Lessee represents and warrants that the Equipment is hereby leasedo solely to rgo d any such amounts refunded. ernmental use. 20. MISCELLANEOUS. 25. ATTORNEY'S FEES. In the event that either Lease, the non-breachingParty breaches the terms s this (a) Lessee shall, whenever requested, advise Lessor of the exact location and Party shall recover from the breaching party all costs and condition of the Property and shall give Lessor immediate notice of any attachment expenses fees, including feeresus of at the trial orappellate levelsation, reasonable or other judicial process affecting the Property, attome 9 p rty, and indemnify and save Lessor harm- less from any los or damage caused thereby including without limitation, reasonable attorney's fees. Lessor may, for the purpose of inspection, at all reasonable times enter upon any job, building or place where the Property and the books and records of the Lessee with respect hereto are located. (b) Time is of the essence. No covenant or obligations hereunder to be per- In witness hereof, the undersigned Lessor has duly accepted and executed this formed by Lessee may be waived except by the written consent of Lessor and waiver of any such covenant or obligation or a forbearance to invoke any remedy on anyLease this rii t_ h __ da, y of _ ApY 1 20 03 or any other covenant or obligation as to any other occasion and shall not preclude occasion shall not constitute to be treated as a waiver of such covenant or obligation Lessor from invoking such remedy at any later time prior to the Lessee's cure of the condition giving rise to such remedy. Lessor's rights hereunder are cumulative and not alternative. (c) This Agreement shall be construed and governed in accordance with the LESSOR : Riverside National Bank laws of the State in which Lessee is located. Should the Lessee be located in Florida P Pierce ,BOX 20 4 both Lessor and Lessee hereby agree venue for all legal action regarding this Ft. . B FL 78 954 Agreement shall be in St. Lucie County, Florida. 561 -466- 1200 (d) This Agreement constitutes the entire agreement between the parties and shall not be modified, waived, discharged, terminated, amended, altered or changed in any respect except by a written document signed by both Lessor and Lessee. By (e) Any term or provision of this Agreement found to be prohibited by law or (Signature �7`�� unenforceable shall be ineffective to the extent of such prohibition or unenforceability _ Azo /� �� without, to the extent reasonably possible, invalidating the remainder of this (Print Name) Agreement. (f) The Lessor hereunder shall have the right at any time or times, by notice to Lessee to designate or appoint any person or entity to act as agent or trustee for (Title) Lessor for any purposes hereunder. � . /� " ' C (g) All transportation , drayage, rigging, transit insurance premiums and other charges payable for delivery of the equipment to and from the premises of Lessee, and all installation, connect, disconnect and packing charges, shall be paid by GEN 408 REV 12-01 EQUAL HOUSING LENDER MEMBER F.D.I.C.