HomeMy WebLinkAboutContract 1611 ed — 1 6 1 !
Xerox Financial Services LLC
45 Glover Avenue Lease Agreement—Fair Market Value xerox
Norwalk,CT 06856
Lease Agreement Number:0030426 Dealer Name:Xerox Image Source
LESSEE INFORMATION
FiJiupi Name
City of Cathedral City DOA Cathedral City Fire
e p32100 Desert Vista Road `'"Cathedral City stete CA ZIP Code
"'x'760-770-8200 Contact Name Contact Muir `°""�&"° uiuePOP l°Ptlonal)
Quantity Model and Desolation Quantity Model and Desolation
1 Xerox WC7855
Equipment location(If different from Blaine Address)
TERM,PAYMENT AND PURCHASE OPTION INFORMATION
Initial Lease Term (In Months): 36 Monthly Lease Payment:$ 237.58 ,plus applicable Taxes Down Payment Received:$ 0.00
Purchase Option(Check One): ® Fair Market Value❑Other
LESSEE ACCEPTANCE
BY YOUR SIGNATURE BELOW,YOU ACKNOWLEDGE THAT YOU ARE ENTERING INTO A NON-CANCELLABLE LEASE AND THAT YOU HAVE READ AND AGREED TO ALL
APPLICABLE TERMS CONDIDONS SET FORTH ON PAGES 1 AND 2 OF THIS LEASE.
Authmwd emaier Date Federal Tex a(Requiroda
x -zz -,20/� 5'A-34.7e-ipso
P rint Henn -�-- AA Tee ideate Pruldent,Para e=Pmpri tor,etc.)
s:JoNA.) / 1"'f
Accepted By:Xerox Financial Services LLC Nam.endisk Date
TERMS&CONDITIONS
1.2111001.The wads you'and your mean the legal ably identified ki'Lessee Inlonna5°n'above,and breach of ow abroad=hereunder shat be asserted solely in a separate action:provided,however,that
'XFS,'we,'us,'"Lessor and'our mean Xerox Financial Services LLC.'Dealer'meals the entity Identified your bligatons under this Lease shall continue unabated.
in'Dealer Name'a iove.'Discount Rate'means a rate equal to the 1-year Treasury Constant Matumly rale as 5. For any purchase option designated on the fast page hereof,if you are not in
polished i lie Selected Interest Rates table of the Federal Reserve slalfspcd release H.15(519)or de greater than 150 days and no less than 60 days'prior written notice b XFS,you
successor publication kit the week erotic Ymedialdy NW b the Male n Date 'Equipment'means the at the end of the Initial Lease Term.either(a)purchase at,but not less than d ci the Equipment IS IS
tens identified in TEutpmenr above and in any attached Equipment schedule.plus any Software(as defied W IS and WITHOUT ANY WARRANTY AS TO COMMON OR VALUE at the done of purdase by
in Section 3 hereof).ellxhnleni,accessories,replacements,replaeernent pate,substitutions.edddaa and paying the amount of such purchase option,plus Taxes.(b)enter Feb a new lease on mutually agreeable
repairs latslD.'Inceplbn D ate'means(a)to date Dealer delemubes Equipment ksleled by Dealer is terms.Of(C)de-Instal and Mum the Egutpment at your expense,Maly fnaaed,to a contreenli US location
operating setdaebrdy and le evadable ler your ma.a(b)the dale Egalprenl ide raped by Dealer as being XFS specifies.If no purchase option b spelled,you akafi elect either alternative(b)or(c)le the preceding
krslatable by you Is delvered le you prenes's.'lease mesas tide Lease homage.Ndudint any Mfadad sedans.If you have not elected one of the above options,you s1W be deemed to have entered kite a new
Equ xt ent schedule."ease Palmer mere the Monthly Lease Payment Wetted abate,which includes lease with a 3 nenth term on terns aid conditions Wankel to this Lease except that either party may
the died component of maintenance charges payable to Dealer under to Maintenance Agreement plus to ornate the new lease at the end of lb 3 month term on 30 days'prier written hake ad,when this new
Taxes.'Maintenance Agreement'means a separate agreement between you and Dealer ter maintenance and lease terminates,shall lake one at the actions Identified in(a) b()or(c)b the preceding sentence or be
eiiayml papases.'Odginadon Fee means a one-time fee of$125 baled on your Est i vokee which you agree deemed to have entered Ink another new lease with a 3 rnonlh term as provided In kb sentence.The
to pay,covering the adpbation,doalmedadon.processing and certain other MU costs fa to lease.'Party' purchase options del be exercised,with respect to each ham of Equipment on the day knnadaetey blowing
means you or XFS,and'Pates'mews both you and XFS.'Term'means We laitlal Lease Term plus any die date of expiration of gar Lease Term of such gem,and by the debary it such time by you to XFS of
subsequent renewal or extension terms.'UCC'means the Untam Commercial Code of the Slate of payment,In cash or by certified check,of the amount of We amicable purchase price For the Equipment'Fair
Connected(C.G SA j)j42e-1.101 et seq.). Merkel Value'shat be determined by XFS in our sole but reasonable daaetion.Upon payment of the
2.Ulm Payments end Late Pavrwaab.You agree and represent all Equipment was selected,configured applicable awl XFS shall.upon you request execute and delver b you a bit of sale or the Equipment
and negotiated by you based upon your own judgment aid has been,ale being,supplied by Dealer.Al your on an'AS IS,''WHERE IS,''WITH ALL FAULTS'basis,without representation or warranty of any kind or
request,XFS has acquled,or wB acquire,the sane to lease to you lender Ns Lease end you agree b lease nature whatsoever.Ater such payment you may trade-in the Equipment as pat at another basacion with
the sae born XFS.The Initial Lease Term,Mich is bd(caled above,commences on the Inception Dab.You XFS and,r you do.you must pass unencumbered the of to Equipment being kaded1N to XIS.
agree b pay XFS be drat Lease Paymetut 30 days after the Incepson Dab:each subsequent Lease Payment, I,ggdmeetagdgm.If the Equipment is rebored b XFS.I shat bete the sale cords on as when delivered
valid'may Include Charges you,Dealer end XFS wag be Invoiced by us,shel be payable on t e same to you,name wear and tear excepted end,I not in such mrdihe,you wB be Babb ter all expenses XFS
date at each"eft'Uerealter,whether er not XFS ovo You.ft any payment le not paid te we*MIS 5 Mare to return the Equipment to such 'normal wear and tear condition. IT IS SOLELY YOUR
days alter Is due dab,you Mil pay a tete charge of The greater of 10%of Ilse amount due or SUS,not to RESPONSIBILITY TO SECURE ANY SENSITIVE DATA AND PERMANENTLY DELETE SUCH DATA
e xceed the mdmuen amount permitted by law.For each dishonored or returned payment you wl#be FROM THE INTERNAL MEDIA STORAGE PRIOR TO RETURNING THE EQUIPMENT TO XFS.YOU
assessed the applicable returned item fee.which shell not exceed$35.Resbi ilre covenants on env naiad SHALL HOLD XIS HARMLESS FROM YOUR FAILURE TO SECURE AND PERMANENTLY DELETE ALL
of payment WI be khsfteWve. SUCH LESSEE DATA AS OUTLINED IN THIS SECTION.
3. To the extent that the Equipment includes bdentlble property or ambled, 7.l�Yxernt Deana and Maintenance.Equipment wt be delvered b you by Dealer d the boedon
services arch as soayare keneee,such Intangible property shaft be Waned b is'Software.'You speared on the rest page bored or in an Equipment schedule,and you agree to execute a Delvery 8
a e Lease Term with enyXIS ban and other a in the Software ad You wit comply Acceptance Cantata S'c request(and canton same via telephone andhr electronicany)coalmine that
the So tware(*Software SuppMr)You ae responsble�entedmg(Software regaired Sow L with you Equipment received,inspected aid accepted the you assume it that XIS y authorized pto urchase and to Dealer ter
the Software Suppler no later than the Lease Inception Date.You ago to Equipment Is for your lawful contact t issued If you react Ina Equipment you asquip en me may not be for any mother order or other
canted i:soed m your behalf directly with Dealer.Equipment mry non be mend b aster kxetlon without
business use le to tread States(including its possession and terribdes),ws not be used ter personal, fest obtaining XFS's mien consent which shat not be unreasonably aimed.You shal peal XIS b
household or WON puposes,the le not bekq acqubed ter resale.You wB not Mach the Equipment as e Inspect Equipment aid any meidenahce records ralag tee during your anal business hours upon
fixture to real estate a make any pemnaeM alterations to it reasonable notice.You wearily=have entered Feb a Maintenance Agreement With Dealer b maintain the
4. THIS LEASE CANNOT BE CANCELLED OR TERMINATED BY YOU PRIOR Unnamed in good working order h accordance with the manufacturer's maktemerce gddetues,and le
TO IAL LEASE TERM.YOUR OBLIGATION TO MAKE ALL LEASE PAYMENTS, provide you with guppies for use with the Equipment You understand end dmowledge that XFS b acing
AND TO PAY ALL OTHER AMOUNTS DUE OR TO BECOME DUE IS ABSOLUTE AND UNCONDITIONAL solely as an admkdttrabr for Dealer with respect In the billing and Coiecting of the crapes under the
AND NOT SUBJECT TO DELAY, REDUCTION, SET'OFF, DEFENSE, COUNTERCLAIM OR Maintenance Agreement included le the Leese Payments.IN NO EVENT WILL XFS BE LIABLE TO YOU FOR
RECOUPIENT FOR ANY REASON WHATSOEVER,IRRESPECTIVE OF TIE PERFORMANCE OF THE ANY BREACH BY THE DEALER OF ANY OF ITS OBLIGATIONS TO YOU,NOR WILL ANY OF YOUR
EQUIPMENT,DEALER,ANY THIRD PARTY OR XFS.Any pursued darn by you against XFS For alleged OBUGATIONS UNDER THIS LEASE BE AFFECTED,MOONED,RELEASED OR EXCUSED BY ANY
ALLEGED BREACH BY DEALER
Page 1 of 2 FMV Final Rev 51 2014
Xerox Financial Services LLC xerox f)*
No�Rvenue6 Lease Agreement—Fair Market Value
O.Eaulement Ownerahb.Labelna and UCC FIleq.If and to the extent a 03un deems this base to be a INTERESTS(COLLECTIVELY"EQUIPMENT INSURANCE").EQUIPMENT INSURANCE WILL COVER
security agreement under Ira IX;C,and otewbe for precarlbnery purposes only,you grant XFS a lest THE EQUIPMENT AND XFS;R WILL NOT NAIVE YOU AS AN INSURED AND MAY NOT COVER AU.OF
priority seemly inbred In your Interest in the Equipment and d proceeds thereof in order b secure your YOUR INTEREST iN THE EQUIMAENT AND WILL BE SUBJECT TO CANCELLATION AT ANY TIME YOU
performance under Ibis Lease XFS b and shat remain the sole owner of the Equipment,excepl the Sol ware AGREE TO PAY XFS PERIODIC CHARGES FOR EQUIPMENT INSURANCE (COLLECTIVELY
XFS may label the Egdpeienl to identy ow mimership interest h it You authorize XFS to Re by any "INSURANCE CHARGES")THAT INCLUDE AN INSURANCE PREMIUM THAT MAY BE HIGHER THAN
permissible means a UCC Ina naming statement b show,and b do d other acts lo ported,ow interest in the IF YOU MAINTAINED THE REQUMtED INSURANCE SEPARATELY;A FINANCE CHARGE OF UP TO
Equipment You agree to pay any Ming lees and ednNaisbdve costs for the filing of such financing 1.5%PER MONTH ON ANY ADVANCES MADE BY XFS OR OUR AGENTS;AND COMMISSIONS,
statements.You agree b keep the Equipment nee from any can or encumbrances and to promptly nobly BILLING AND PROCESSING FEES;ANY OR AU.OF WHICH MAY GENERATE A PROFIT TO XFS OR
XFS t there is any change In your organization such that a Mang or amendment to XFS s UCC enancb g OUR AGENTS. XFS MAY ADD INSURANCE CHARGES TO EACH LEASE PAYMENT. XFS shag
statement against you becomes necessary_ dhscanteue billing or debiting Insurance Charges for Equipment Inswance upon receipt and review al
L�i YOU MAY NOT ASSIGN,SELL,PLEDGE TRANSFER SUBLEASE OR PART WITH satsfactory evidence d Sego red Insurance
PISS OF THE EQUIPMENT,THIS LEASE OR ANY OF YOUR RIGHTS OR OBLIGATIONS UNDER You must promptly natty XFS of any loss or damage to Equipment which makes any tem of
THIS LEASE(COLLECTIVELY'ASSIGNMENT')WITHOUT XFS'S PRIOR WRITTEN CONSENT WHICH Equ pment unfit for continued or repairable use You hereby irrevocably appoint XFS as your atomey-In-fad
SHALL NOT BE UNREASONABLY WITHHELD.BUT SUBJECT TO THE SOLE EXERCISE OF XFS'S lo execute and endorse at decks or drafts in your name to collect under any such Required insurance.
REASONABLE CREDIT DISCRETION AND EXECUTION OF ANY NECESSARY ASS'GNMENT insurance proceeds boor Required khamance or Equipment Insurance received shat be app eat,at XFS's
DOCUMENTATION If XFS agrees to an Assignment you agree to pay the appkade assignment fee and option.to(x)restore l e Equipment so!hat lt is in the sane rendition as when deterred to you(normal wear
reimburse XFS for any cods we Inc it in connection with that Assignment XFS may sea,assign or transfer d and tear excepted),or by B the equipment b not restorable,b(apiece it with hke•kmd mndton medpnwnl
or any part of tle Equipment Ns Lease and/or any d our dohs(but none of ow obfgaions)under this from the same manufacturer or(z)pay b XFS,the greater of(0 to toll unpaid Lease Payments forte entire
Lease.XFS's assignee rail have the same dads that we have to the extent assigned(but none of our lam hereof(discounted to present vain at the Discount Rem)plus XFS's residual kdereat In such EquIpmen1
obligation)and YOU AGREE NOT TO ASSERT AGAINST SUCH ASSIGNEE ANY CLAIMS.DEFENSES. Outran agreed to be 20%of the Equipnent's eriganai cost to XFS)plus any other amount due b XFS
COUNTERCLAIMS,RECOUPMENTS,OR SET-OFFS THAT YOU MAY HAVE AGAINST XFS.XFS agrees hereunder,or(i)tlne Fair Markel Vane of the Equipment Immediately prior to the loss or damage,as
and acknowledges that any Assignment by us will not materially change yourobrhgalbna order t ds Lease reasonably determined by XFS NO LOSS OR DAMAGE TO EQUIPMENT,OR XFS'S RECEIPT OF
10.I1ILl2.You ono be responsible for,(mermty and hold XFS boneless bom,is;epptcable taxes,fees or INSURANCE PROCEEDS,SHALL RELIEVE YOU OF ANY OF YOUR REMAINING OBLIGATIONS UNDER
chagee,(edudhg sales,use.personal property and bander tams,other than net teueme faces).pins THIS LEASE Notwitetanang procurement of Equipment Insurance or Required Insurance,you remaie
interest end penaliesl muted by any govemmerdal enhy oe the Equipment RNs Lease,or the„„ote primarily liable for performance under this Seder h the event the applicable insurance carrier fails or refuses
timely provide„der tyde Leas proof of your fax exeempt statuss..If Equipment Is delivered to a Nrisdncl lc where to pay any dart►YOU AGREE(I)TO ARBITRATE ANY DISPUTE WITH XFS,OUR AGENTS OR ASSIGNS
REGARDING THE EQUIPMENT INSURANCE AND/OR INSURANCE CHARGES UNDER THE RULES OF
mush lanes am calculated and paid at the lime of tease Inlagah,you autrodu XFS b(Nance and adjust THE AMERICAN ARBITRATION ASSOCIATION IN FAIRFIELD COUNTY,CT,(I)THAT ARBITRATION
your Lease Payment in include such Taxes over Mire Initial Lease Term unless you mqu re othenwbe.Unless (NOT A COURT)SHALL BE THE EXCLUSIVE REMEDY FOR SUCH DISPUTES;AND(M)THAT CLASS
and wad XFS owes you in writing to the contrary,XFS wS gie all personal poperly lax returns covering the ARBITRATION IS NOT PERMUTED.This arbitration requirement does not apply to any other provision
Equipment and el pay the personal property tams levied or assessed t eeon. XFS MAKES NO of(his Lease.
WARRANTY,EXPRESS OR IMPLIED,REGARDING THE TAX OR ACCOUNTiNG TREATMENT OF THIS IS.Florence Lean and Lessee Waken.The parties agree this Lase is e'Finance Lease"under 11CC
LEASE. Article 2A.You wake.solely against XFS and Its successors and assigns,(a)all rights and remedies
11.I°elemeent Warranty bormatlon and Disclaimers.XFS IS MERELY A FINANCIAL INTERMEDIARY, conferred on a lessee under Add"2A(Sections 511.522)of the UCC(C OSA.jf 42a•2A•724-737).
AND HAS NO INVOLVEMENT IN THE SALE,DESIGN,MANUFACTURE,CONFIGURATION,DELIVERY, and(b)any dghb you now or later may have which require XFS to cell,lease or otherwise use any
INSTALLATION,USE OR MAINTENANCE OF THE EQUIPMENT.THEREFORE,WITH RESPECT TO Equipment to reduce ear damages Including our realization of the remaking value of the Equipment,
EQUIPMENT, XFS DISCLAIMS, MD YOU WAIVE SOLELY AGAINST XFS, AU.WARRANTIES, orwhlch may etwrbe lint or modify any of our dghb or rumedbs.
WHETHER EXPRESS OR IMPLIED,INCLUDING,BUT NOT LOWED TO,THE IMPLIED WARRANTIES OF I6.Adh median of Saner and Credit Revloy.You represent that you may lawfully enter into and perform,
MERCHANTABLRY.NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.AND XFS this Lease,that the hydrides!signing this Lease on your behalf has d necessary authority b do en,and that
MAKES NO REPRESENTATIONS OF ANY KIND OR TYPE,INCLUDING.BUT NOT MIRED TO,THE all financial information you provide mmp'eteiy and aaumbty represents your financial condition.You agree
EQUIPMENT'S SUlTABLITY,FUNCTIONALITY,DURABILITY,OR CONDITION.Since you have selected to furnish Snared donna=that XFS may request now k dudng your In Identification number,and you
the Equ�and the Deafer,you acknowledge that you are mare of the name d the manufacturer d each authorize XFS b Oblast cued I reins%on you h I he future should you default or fat to make prompt payments
item of 1 and agree that you wS cooled each manufacturer and/or Dealer for a descdpion of any under this Lease.
warrant'rts you may have under to Equipment supply eontrad,sales order,or othenelse.Provided you 17.Oddest and Sole Controlling Document No Modllatlone Unless Wdtlgyl.This Lease constitutes
mmanufacAmeaswith=Pact to the Egh Fehen assigns Ile E�pmlpmere Iss returned to XFS, have se dells d�eemedd sistatements not included cd homed argent plat of as Leaasse sand a e not bi ngo herein.Parties ou agree tilts an
reassigned by you to XFS.F THE EQUIPMENT IS NOT PROPERLY INSTALLED,DOES NOT OPERATE executed copy of lilt Lease Mel Is signed by your authorized rehppreasseentatIve and by XFS's authorized
AS WARRANTED, BECOMES OBSOLETE, OR IS UNSATISFACTORY FOR ANY REASON representative(an original manual signature or such signature reproduced by means of a reliable electronic
WHATSOEVER,YOU SHALL MAKE ALL RELATED CLAWS SOLELY AGAINST MANUFACTURER OR fom4 such as*drone bansmission of a fasunte or docked signature)shat be marked'original'by XFS
DEALER AND NOT AGAINST XFS,AND YOU SHALL NEVERTHELESS CONTINUE TO PAY ALL LEASE and shall confide the only original document for as purposes AI other copies she be Wages To the
PAYMENTS AND OTHER SUMS PAYABLE UNDER THIS LEASE extent this Lease constitutes chattel paper(as leaned in the UCC),no security Interest in tub Lease may be
12. LfatMlu and Nate ielyelea. XFS IS NOT RESPONSIBLE FOR MY LOSSES, DAMAGES, created except by be • or ladder of the copy marled'original'by XFS.IF A PURCHASE ORDER
EXPENSES OR INJURIES OF ANY KIND OR TYPE,INCLUDING,BUT NOT UNITED TO,ANY SPECIAL, OR OTHER DOCU IS ISSUED BY YOU,NONE OF ITS TERMS AND CONDITIONS SHALL HAVE
INDIRECT,INCIDENTAL,CONSEQUENTIAL OR PUNITIVE DAMAGES(COLIECTNEi.Y,"CLAMS"),TO ANY FORCE OR EFFECT,AS THE TERMS AND CONDITIONS OF THIS LEASE EXCLUSIVELY GOVERN
YOU OR ANY THIRD RD PARTY CAUSED BY THE EQUIPMENT OR ITS USE,EXCEPT THOSE CLAIMS THE TRANSACTION DOCUMENTED HEREIN.THE DEALER AND ITS REPRESENTATIVES ARE NOT
ARISING DIRECTLY AND PROXIMATELY FROM XFS'S GROSS NEGUGENCE OR WILLFUL OUR AGENTS AND ARE NOT AUTHORIZED TO MODIFY OR NEGOTIATE THE TERMS OF THIS LEASE
MISCONDUCT.I addIm,except for gains arising directly and prmdmWlyr from XFS's gross negigence or THIS LEASE MAY NOT BE AMENDED OR SUPPLEMENTED EXCEPT IN A WRITTEN AGREEMENT
vvllbd rdsconduct you assume the risk of liability for,and hereby agree in indemnify and hold safe and SIGNED BY AUTHORIZED REPRESENTATIVES OF THE PARTIES AND NO PROVISIONS CAN BE
harmless,and cotenant in defend.XFS,ib empbyees,Oars and agents from and against(a)any and an WANED EXCEPT IN A WRITING SIGNED BY XFS.*S's failure In object to tenor contend in any
Clams(including ward menses of every kind and nature)arising out of the manufacture.purchase,shipment communication hoe you sal not bee waiver or nndicaton of the terms of this Lease You authorize XFS to
and delivery of Is Equipment b you,eaeplance cur rsjedbn.ownership,leasing, n,operation,use, Insert or cared missing khfonnatlon on this Lease,including but not landed to your proper legal name,lease
ratum or other deposit on of the Equipment,wilding,without kindlion,any tiess that may wise from numbers,serial numbers and other information demoting the Equipmorht so long as there is no material
paint or latest defects h the Equipment(whether or not discoverahb by you),any claims based on absolute impact in your Handal obigalons.
tort iably or warranty and any dams based on patent,badenrak or meleri infringement and(b)any and 18.Govemha Law.Jurisdiction.Venue end JURY TRIAL WAIVER.THIS LEASE IS GOVERNED BY,
all loss or damaged rabbit Equdi rne& AND SHALL BE CONSTRUED IN ACCORDANCE WITH,THE LAWS OF THE STATE OF CONNECTICUT
13,J)y�(,��You oil be in default under this Lease I(1)XFS does not naive any payment (WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES THAT WOULD OTHERWISE REQUIRE
within 10 ays TMs ue date,or(2)you breach any other obigaton h Ihb Lease or any other agreement APPLICATION OF LAWS OF ANOTHER JURISDICTION).THE JURISDICTION AND VENUE OF ANY
with LOS.If you default and such defect continues for 10 days der XFS provides notice to you.XFS may,In ACTION TO ENFORCE THIS LEASE.OR OTHERWISE RELATING TO THIS LEASE,SHALL BE IN A
addition to other remedies(ncludng requesting the Reeler in cue perbmnq under the Mabcbnence FEDERAL OR STATE COURT IN FAIRFIELD COUNTY,CONNECTICUT OR EXCLUSIVELY AT XFS'S
Agreement),ragi/m you to promptly return the Equipment as provided In Sections S and 6 hereof,and require OPTION,IN ANY OTHER FEDERAL OR STATE COURT WHERE THE EQUIPMENT IS LOCATED OR
immediate payment,as liquidated damages for Ins of bargain and not as a penally,Of the sun of(a)all WHERE XFS'S OR YOUR PRINCIPAL PLACES OF BUSINESS ARE LOCATED,AND YOU HEREBY WANE
amounts Mum due,plea littered from the due dale mil paid at One rsle of 1.5%Per month,(b)lie Lease ANY RIGHT TO TRANSFER VENUE THE PARTIES HEREBY WANE ANY RIGHT TO TRIAL BY JURY IN
Payments remal mug in the W M Lease Tenn fin iuding the fixed maintenance component thereof.If peaked ANY ACTION RELATED TO OR ARISING OUT OF THIS LEASE
under be Maintenance Agreement),discounted at the Discoed Win to to date d default and(c)Taxes.In 19.Misateneous.Your obigabons under the'Taxes'and liability'Sedtlons commence upon exautorh,
addition,M you do not return the Equipment as required above,you agree to pay XFS the than determined Fair and survive the expiration or earlier lnrhhation,of this Lease.Notices under this Lease must be in wriing.
Market Vale thereof,as reasonably determined by XFS,is Of the end of the initial tease Tern,discounted at Notices to you war be sex to the'Dng Address'podded on the first page hereof,and nodes b ES shall
the Discoed Rate in the data of default You agree to pay all reasonable costs,including attorneys'lees and he sent b our address provided on to fast page hereof.Notes all be deemed given 5 days ate mating by
disbursements,keened by XFS in enforce this Lease iirst class mat or 2 days alter sending by nafonaly recognized overnight courier.Invoices we not considered
14.j31tk.$j RIJfy�,�gpgg.You assume end agree to beer the enure risk of loss,theft,deshuetar of notices and as not governed by the mice teas hereof.You autrodze XFS to ranmmkale with you by any
oiler impairment d the uipnent don defwery.You,at your eve expense,()that keep Equipment insured electronic means(including caulk phone,Bread,autama Ic dialing and recorded messages)using any Phone
against loss or damage eta nrhhkrum of id replacement value thereof,and G)that tarry pubic liability number(including celular)or electronic address you provide bus If a court rids any term of die Lease
Insurance against body Injury,budding death,and ageinsl properly damage n the mewl of at Need$2 unenforceable,to relining bins wl mein in eked The fauna by either Party to exercise any right or
mAlon(calcivey,'Required Insurance').M such Required Insurance shat be with loss payable to'XFS,its remedy wit not constitute a waiver of such right or remedy If oars than one pay has signed lids Lease as
successors and/or assigns,as their interests may appear,'and shag be with companies reasonably lessee,each such panty agrees l hat its tabby is Joint and several.The(dosing four sentences control over
acceptable to XFS.In edam,XFS sbel be wrtsdy named as an additional insured on d pubic kiadty every other pat of this Lease.Both Paces MI campy with Makable laws.XFS all not charge or Wiled any
insurance poides.The Required Insurance shat provide for 30 days'prior notice to XFS of canceldan. amounts h excess of those lowed by applicable low.My part of Otis Lease teat would,but for to lest four
YOU iAUST PROVIDE XFS OR OUR DESIGNEES WITH SATISFACTORY WRITTEN EVIDENCE OF sentences of this Sedan,be read wider any rinsandances to abw fore change higher than that slowed
REQUIRED INSURANCE WITHIN 30 DAYS OF THE INCEPTION DATE OR ANY SUBSEQUENT WRITTEN under any aPPluahre meal Mft is madded by 011 Sedan to Ml Oe ammml chargeable wider this Lease b
REQUEST BY XFS OR OUR DESIGNEES.F YOU DO NOT DO SO.THEN IN LIE!OF OTHER REMEDIES the maximum amount dowd under the legal Net I,in any aanmlances,any amount h excess of that
FOR DEFAULT,XFS IN OUR DISCRETION MD AT OUR SOLE OPTION MAY(BUT IS NOT REQUAILED slowed by law is c haged or received.any seek drarge wail be deemed lathed by the amount legally allowed
TO)OBTAIN INSURANCE FROM AI INSURER OF NESS CHOOSING,WHICH MAY BE AN XFS amount'aptly owed under ndaby ES Ine excess of or rid to egaty allowed wS be by us b the payment of
AFFILA SUCH FORMS AND AMOUNTS AS XFS DEEMS REASONABLE TO PROTECT NESS
h Page 2 of 2 FMV Fetal Rev 5 12014
Customer Initial