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Home My WebLink About750719.tiff RESOLUTION WHEREAS, it is the desire of the Board of County Commissioners, Weld County, Colorado, to lease from Edwards Chevrolet Company, Greeley, Colorado, for the use of the Weld County Human Resources Department, the following vehicles, to-wit: 1 - 1975 Chevrolet Sport-Van, Serial No. CGY365U177471, 1 - 1975 Chevrolet Sport-Van, Serial No. CGY365U177786, 1 - 1975 Chevrolet Sport-Van, Serial No. CGY365U178063, as per motor vehicle lease agreements identified as Exhibits A, B and C re- spectively, including all attachments and maintenance supplements thereto, said lease agreement identified as Exhibits A, B and C respectively, being attached hereto and made a part hereof by reference, for a total lease pur- chase price for each vehicle in accordance with the terms of the hereinabove mentioned contracts, all as contained therein. NOW, THEREFORE, BE IT RESOLVED, that the County of Weld, State of Colorado, agrees to lease from Edwards Chevrolet Company, Greeley, Colorado, the aforementioned vehicles for the use of the Weld County Depart- ment of Human Resources upon all of the terms and conditions as recited in the aforementioned lease agreements attached hereto and made a part hereof by reference. Dated this 23rd day of July, A. D. , 1975. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 7C6 a- %Xi ' A TTEST4 Weld County Clerk and Recorder — and Clerk to the Boa ; Deputy Count erk APPROVED A O F • fltit,. L (-6 f'.- �7 County Attor ey 41x- r c:.:. 750719 • ' ' LEASE AGREEMENT Eduardo; Chevrolet Company This agreement made and entered into this 10th day of Jr' 19 75by and between 2 p0 €t, whose address is 721 10th St., Greeley, Colorado hereinafter called the LESSOR and Weld Cotmy t whose address is Greeley, Color-do hereinafter called the LESSEE I. PROPERTY COVERED AND TERM: LESSOR does hereby lease to the LESSEE the vehicles described in the schedule below. This Lease shall become effective with respect to each vehicle on the "Delivery Date" for the term for that specific vehicle as set forth in attached schedule and shall continue under lease with respect to each said vehicle until terminated as per vehicle schedule as hereinafter provided. 2. LICENSE, TAXES AND FINES: Lease, agrees to furnish for each vehicle leased herein, License Plates registered in the name of LESSOR under the laws of the state in which each such vehicle shall be kept. LESSEE agrees to pay any special license or tax required by the business of the LESSEE and to be responsible for any mileage taxes, ton mile taxes, highway or bridge tolls, which may result from the operation of these vehicles. LESSEE agrees to pay all fines imposed by any governmental authority levied upon any vehicle leased hereunder. 3. CARE AND MAINTENANCE AGREEMENT: Lessee agrees to maintain or cause to be maintained in good working condition each vehicle leased hereunder. LESSOR shall not provide, furnish or pay for, or cause to be furnished, provided or paid for any tires (other than those originally with the vehicles) gasoline, oil, anti freeze, tire chains, washing or storage for any vehicle leased hereunder. LESSEE agrees to keep each vehicle leased hereunder in good running order and to see that each vehicle is in good repair and properly serviced and lubricated at intervals of every 1000 to 1250 miles of operation. Lessee wi,l not permit any mechanics lien to attach to the vehicles. All repairs, servicing and lubrication shall be performed at such garages or repair establishments as shall be designated by Lessor. In event the vehicle needs repair and is outside the vicinity of Greeley, Colorado, Lessee shall receive instructions from Lessor by telephone or otherwise as to where said repairs shall be made. LESSOR shall not be responsible for any work, labor or service rendered to any vehicle leased hereunder except such work, labor or service as may have been rendered elsewhere pursuant to prior written consent of LESSOR. 4. USE OF VEHICLE: LESSEE agrees to cause each vehicle to be operated only by a safe and careful driver, who shall be properly licensed and who shall be the agent of the LESSEE only and subject to direction and control of the LESSEE. Upon receipt of written complaint from the LESSOR specifying any reckless or abusive handling of the vehicle or any other incompetence by any driver, LESSEE will immediately remove such driver and substitute a competent driver. LESSEE agrees to reimburse LESSOR in full for damages, including expenses, resulting from reckless or abusive handling of the vehicle by operation off an improved road cr city street, or overloading beyond the load capacity shown in attached schedule. LESSEE agrees not to use any vehicle leased hereunder, illegally, improperly or for hire, or as a public or private carrier, nor remove vehicle from state of Colorado without written consent of LESSOR. 5. FIRE, THEFT, AND COLLISION: Lessee }� agrees to keep each vehicle leased insured for the term of agreement against damage by Fire, Theft and Collision with limits of sr1� deductible. LESSEE agrees to be liable for the sum of the deductible on each vehicle leased in case of loss caused by collision, upset or overturn during the term of this agreement. 6. HOLD HARMLESS: LESSEE agrees to assume all risk and liability for the operating of any vehicle leased hereunder and loss and damage for injuries or death to persons and damage to property by reason of the operation of any of said vehicles and agrees to hold the LESSOR harmless from any and all such claims, demanas, expenses, liabilities, actions, suits and judgments, and also all court costs and counsel fees. 7. INDEMNITY INSURANCE: LESSEE agrees to effect, pay for and maintain during the period of this lease agreement indemnity insurance including Public Liability and Property Damage Insurance issued by a responsible company or companies protecting the interests of the parties to this contract against liability (or oam.ge, personal injury or death caused by each vehicle leased hereunder, or its operation, to the extent of $500,000 per accident subject to the limit of $300,000 per pe.son and the sum of $25,000 per accident against liability for damage to property caused by the operation of each vehicle leased hereunder, and the LESSEE agrees that the policy will include the LESSOR as "named assured" and that the LESSEE shall not use or operate the leased vehicle until proper evidence of the existence of such insurance coverage as described in this paragraph has been provided LESSOR. Should any claim be made or any action be commenced against the LESSOR for damage arising from any of the causes covered by insurance referred to in this paragraph, LESSOR agrees immediately to notify LESSEE thereof and LESSEE will conduct the defense of any such claim or action at LESSEE'S expense, including all costs and attorney fees, LESSEE agrees to faithfully comply with all the provisions of any policy of insurance obtained hereunder. It is understood and agreed that in the event of the cancellation of Public, Liability and Property Damage Insurance, under which the terms of this lease agreement is to be provided by the LESSEE'S expense, immediate notice thereof shall be given to LESSOR by the LESSEE and the insurance company so cancelling such insurance, and the use by LESSEE of all vehicles shall cease until all such insurance has been renewed or replaced. 8. INSPECTION: LESSEE agrees to permit LESSOR and/or its agents at all times to inspect and examine each vehicle leased hereunder. 9. STRIKES, LOCKOUTS, ETC.: The obligation of LESSOR shall be suspended to the extent it has been hindered as prevented from complying therewith by strikes, lockouts, war, Acts of God, fires, the elements, governmental regulations, shortage of materials, and for other causes beyond the reasonable control of LESSOR. 10. ADVERTISEMENT : LESSEE shall have the right at LESSEE'S expense to affix to any vehicle leased hereunder any appropriate advertisement or insignia indicating that such vehicle is being used in the service of LESSEE, LESSEE agrees to remove signs or insignias and restore to original on termination of agreement. II. DEFAULT: If the LESSEE shall default in any payment hereunder or shall fail to perform at the time and in the manner herein specified any term or covenant hereof, or if a proceeding in bankrupcy, receivership or insolvency be instituted by or against the LESSEE or if any vehicle leased hereunder shall be levied upon or subject to any Writ of attachment, execution or other Writ, or if the LESSEE shall be determined to be an uninsurable risk by any carrier of insurance hereunder, or if any such carrier shall cancel any policy of insurance then and in any of said events, LESSOR at its option may terminate this lease and take possession of all vehicles leased hereunder with or without notice. 12. TERMINATION: On the expiration of this agreement, or upon its sooner termination, LESSEE agrees to deliver up and surrender to the LESSOR each vehicle leased here- under in as good condition as when leased, reasonable wear and tear excepted,and also any appliances or accessories and spare tire as on vehicle when leased. This agreement shall terminate as to any vehicle replaced by LESSOR under this agreement when so replaced and the replacement vehicle shall be subject to all of the terms, covenants and conditions hereof during the remainder of the term of this agreement. Termination of this agreement is defined in attached schedule as "Term" from "Deliver Date." In event LESSEE desires to terminate this lease prior to the end of its term, LESSEE may do so upon surrender of the vehicle in good condition and repair, ordinary wear and tear excepted, and upon paying LESSOR in one sum, one-half of the rental charge for the remainder of the term of the lease agreement. 13. MUTUALLY-AGREED: A. Mileage shall be determined from speedometer readings, if the speedometer fails to function, the mileage for the period in which the failure occurred shall be estimated by the average mileage from previous 6 months. B. The number of pounds specified under capacity on attached schedule is the maximum load that may be hauled on or in this vehicle according to the capacity of the vehicle. �-. C. Acceptance of a vehicle in service co,...,itutes an acknowledgment that the vehicle complies v..... LESSEE'S specifications, any structural alterations,' N. special equipment, accessories, or material alteration in, painting, lettering or art work thereafter required by LESSEE shall be made at LESSEE'S expense D. This agreement shall be binding on the parties hereto. their successors, legal representatives and assigns. LESSEE shall promptly notify LESSOR in writing prior to all substantial changes in ownership of LESSEE'S business, but LESSEE shall not have the right to assign the agreement or any interest therein without the written consent of LESSOR. - E. The Parties hereto recognize that the rental charged for lease of the vehicle is exclusive of any sales or use taxes now in force or hereafter imposed and LESSEE agrees to pay in addition to the rent specified, the amount of such sales or use taxes and any other new or additional taxes which may be im- posed on the use or operation of said motor vehicle or any increase in existing taxes, including license and registration fees. F. The Parties hereto further agree that the rental charge shall be as per attached schedule due in advance and due each monthly period after date of delivery until termination of agreement. G. This agreement with attached schedule represents the entire agreement between the parties hereto and no provisions hereof may be waived or modified except by an instrument in writing signed by the parties hereto. H. This contract is understood by both parties to be a contract of leasing only, and LESSEE shall not acquire by the payment of the rental chargelsl hereunder any right, title or interest in or to the property described herein. SCHEDULE Delivery I Make Er I Vehicle Serial Rental Additional Date Year Number Type Number Term Charge Mileage Rate •. 9f6�'1! ins 2 s,e4•tlis 3441toslias let U 2i;$,a. -'a Cban3st Hosts $5,01/4"01.0 Alas 021440 • amt 12 • 21.00 per par Moth • 324 12 ;tea perpea this sestsMt issossolIsals 12 mates 11* 30 day soaks • IN WITNESS WHEREOF, the parties hereto have signed and sealed this instrument, in quadruplicate, on� the day and year first above written. abode n�, l y [M intro`st . lL SORI oisiATIL betariatsry (LE //�--// TITLE • LEASE AGREEMENT • Edwards Chevrolet Comte This agreement made and entered into this .ioab day of ...Say 19.75. by and between fi�., whose address is 721 10th St., Greeley, Colorado hereinafter called the LESSOR and d...COjl' whose address is .%ssela€►...Colasade hereinafter called the LESSEE I. PROPERTY COVERED AND TERM: LESSOR does hereby lease to the LESSEE the vehicles described in the schedule below. This Lease shall become effective with respect to each vehicle on the "Delivery Date" for the term for that specific vehicle as set forth in attached schedule and shall continue under lease with respect to each said vehicle until terminated as per vehicle schedule as hereinafter provided. 2. LICENSE, TAXES AND FINES: -DI$/ ; agrees to furnish for each vehicle leased herein, License Plates registered in the name of LESSOR under the laws of the state in which each such vehicle shall be kept. LESSEE agrees to pay any special license or tax required by the business of the LESSEE and to be responsible for any mileage taxes, ton mile taxes, highway or bridge tolls, which may result from the operation of these vehicles. LESSEE agrees to pay all fines imposed by any governmental authority levied upon any vehicle leased hereunder. 3. CARE less MAINTENANCE� AGREEMENT: Leant agrees to maintain or cause to be maintained in good working condition each vehicle leased hereunder. LESSOR shall not provide, furnish or pay for, or cause to be furnished, provided or paid for any tires (other than those originally with the vehicles) gasoline, oil, anti freeze, tire chains, washing or storage for any vehicle leased hereunder. LESSEE agrees to keep each vehicle leased hereunder in good running order and to see that each vehicle is in good repair and properly serviced and lubricated at intervals of every 1000 to 1250 miles of operation. Lessee wi.l not permit any mechanics lien to attach to the vehicles. All repairs, servicing and lubrication shall be performed at such garages or repair establishments as shall be designated by Lessor. In event the vehicle needs repair and is outside the vicinity of Greeley, Colorado, Lessee shall receive instructions from Lessor by telephone or otherwise as to where said repairs shall be made. LESSOR shall not be responsible for any work, labor or service rendered to any vehicle leased hereunder except such work, labor or service as may have been rendered elsewhere pursuant to prior written consent of LESSOR. 4. USE OF VEHICLE: LESSEE agrees to cause each vehicle to be operated only by a safe and careful driver, who shall be properly licensed and who shall be the agent of the LESSEE only and subject to direction and control of the LESSEE. Upon receipt of written complaint from the LESSOR specifying any reckless or abusive handling of the vehicle or any other incompetence by any driver, LESSEE will immediately remove such driver and substitute a competent driver. LESSEE agrees to reimburse LESSOR in full for damages, including expenses, resulting from reckless or abusive handling of the vehicle by operation off an improved road cr city street, or overloading beyond the load capacity shown in attached schedule. LESSEE agrees not to use any veh-:cle leased hereunder, illegally, improperly or for hire, or as a public or private carrier, nor remove vehicle from state of Colorado without written consent of LESSOR. 5. FIRE, THEFT, AND COLLISION: lessee agrees to keep each vehicle leased insured for the term of agreement against damage by Fire, Theft and Collision with limits of ....1t1GO deductible. LESSEE agrees to be liable for the sum of the deductible on each vehicle leased in case of loss caused by collision, upset overturn during the term of this agreement. 6. HOLD HARMLESS: LESSEE agrees to assume all risk and liability for the operating of any vehicle leased hereunder and loss and damage for injuries or death to persons and damage to property by reason of the operation of any of said vehicles and agrees to hold the LESSOR harmless from any and all such claims, demands, expenses, liabilities, actions, suits and judgments, and also all court costs and counsel fees. 7. INDEMNITY INSURANCE: LESSEE agrees to effect, pay for and maintain during the period of this lease agreement indemnity insurance including Public Liability and Property Damage Insurance issued by a responsible company or companies protecting the interests of the parties to this contract against liability for oamcge, personal injury or death caused by each vehicle leased hereunder, or its operation, to the extent of $500,000 per accident subject to the limit of $300,000 per pe.son and the sum of $25,000 per accident against liability for damage to property caused by the operation of each vehicle leased hereunder, and the LESSEE agrees that the policy will include the LESSOR as "named assured" and that the LESSEE shall not use or operate the leased vehicle until proper evidence of the existence of such insurance coverage as described in this paragraph has been provided LESSOR. Should any claim be made or any action be commenced against the LESSOR for damage arising from any of the causes covered by insurance referred to in this paragraph, LESSOR agrees immediately to notify LESSEE thereof and LESSEE will conduct the defense of any such claim or action at LESSEE'S expense, including all costs and attorney fees, LESSEE agrees to faithfully comply with all the provisions of any policy of insurance obtained hereunder. It is understood and agreed that in the event of the cancellation of Public, Liability and Property Damage Insurance, under which the terms of this lease agreement is to be provided by the LESSEE'S expense, immediate notice thereof shall be given to LESSOR by the LESSEE and the insurance company so cancelling such insurance, and the use by LESSEE of all vehicles shall cease until all such insurance has been renewed or replaced. 8. INSPECTION: LESSEE agrees to permit LESSOR and/or its agents at all times to inspect and examine each vehicle leased hereunder. 9. STRIKES, LOCKOUTS, ETC.: The obligation of LESSOR shall be suspended to the extent it has been hindered as prevented from complying therewith by strikes, lockouts, war, Acts of God, fires, the elements, governmental regulations, shortage of materials, and for other causes beyond the reasonable control of LESSOR. 10. ADVERTISEMENT : LESSEE shall have the right at LESSEE'S expense to affix to any vehicle leased hereunder any appropriate advertisement or insignia indicating that such vehicle is being used in the service of LESSEE, LESSEE agrees to remove signs or insignias and restore to original on termination of agreement, 11. DEFAULT: If the LESSEE shall default in any payment hereunder or shall fail to perform at the time and in the manner herein specified any term or covenant hereof, or if a proceeding in bankrupcy, receivership or insolvency be instituted by or against the LESSEE or if any vehicle leased hereunder shall be levied upon or subject to any Writ of attachment, execution or other Writ, or if the LESSEE shall be determined 10 be an uninsurable risk by any carrier•of insurance hereunder, or if any such carrier shall cancel any policy of insurance then and in any of said events, LESSOR at its option may terminate this lease and take possession of all vehicles leased hereunder with or without notice. 12. TERMINATION: On the expiration of this agreement, or upon its sooner termination, LESSEE agrees to deliver up and surrender to the LESSOR each vehicle leased here- under in as good condition as when leased, reasonable wear and tear excepted,and also any appliances or accessories and spare tire as on vehicle when leased. This agreement shall terminate as to any vehicle replaced by LESSOR under this agreement when so replaced and the replacement vehicle shall be subject to all of the terms, covenants and conditions hereof during the remainder of the term of this agreement. Termination of this agreement is defined in attached schedule as "Term" from "Deliver Date." In event LESSEE desires to terminate this lease prior to the end of its term, LESSEE may do so upon surrender of the vehicle in good condition and repair, ordinary wear and tear excepted, and upon paying LESSOR in one sum, one-half of the rental charge for the remainder of the term of the lease agreement. 13. MUTUALLY-AGREED: A. Mileage shall be determined from speedometer readings, if the speedometer fails to function, the mileage for the period in which the failure occurred shall be estimated by the average mileage from previous 6 months. B. The number of pounds specified under capacity on attached schedule is the maximum load that may be hauled on or in this vehicle according to the capacity of the vehicle. C. Acceptance of a vehicle in service constitutes an acknowledgment that the vehicle complies with LESSEES specifications, any structural alterations, special equipment, accessories, or material alteration in, painting, lettering or art work thereafter required by LESSEE shall be made at LESSEE'S expense. D. This agreement shall be binding on the parties hereto, their successors, legal representatives and assigns. LESSEE shall promptly notify LESSOR in writing prior to all substantial changes in ownership of LESSEE'S business, but LESSEE shall not have the right to assign the agreement or any interest therein without the written consent of LESSOR. E. The Parties hereto recognize that the rental charged for lease of the vehicle is exclusive of any sales or use taxes now in force or hereafter imposed and LESSEE agrees to pay in addition to the rent specified, the amount of such sales or use taxes and any other new or additional taxes which may be im- posed on the use or operation of said motor vehicle or any increase in existing taxes, including license and registration fees. F. The Parties hereto further agree that the rental charge shall be as per attached schedule due in advance and due each monthly period after date of delivery until termination of agreement. G. This agreement with attached schedule represents the entire agreement between the parties hereto and no provisions hereof may be waived Or modified except by an instrument in writing signed by the parties hereto. H. This contract is understood by both parties to be a contract of leasing only, and LESSEE shall not acquire by the payment of the rental charge(s) hereunder any right, title or interest in or to the property described herein. • • SCHEDULE Delivery Make Cr Vehicle Serial Rental Additional Date Year Number Type Number Term Charge Mileage Rate -. 7/1fi.-75 1 fl3 3 art , C4y365U177786 36 wit[s,, 1st 12 ;/`.:ila me Qiereois% !:tnths 85 CX;p :-ilea 4i214.00 per hczth 12 hotsths 4 01.00 per nonfl 3rd 12 7 .D0 par -i';unth This is • after 12 mantas th 30 ration IN WITNESS WHEREOF, the parties hereto have signed and sealed this instrument, in quadruplicate, on the day and year first above written. .til6'Brv3.6 11,ss4r41ttL '.!:ka.. •,at.�r By < _ (LE RI • TITLE `tee I • By WC7.kIcf' ^ C �� f. � • (LESSEE) TITLE ,^ \ • • LEASE AGREEMENT 16th Edwards Chevrolet a�p�p�,� This agreement made and entered into this day of J�7 1975 by and between, whose address is 721 10th St., Greeley, Colorado hereinafter called the LESSOR and Weld..Qovn1.ty...&ar&.of„Consad.QMI,Qners whose address is Greale,Ts Colorado hereinafter called the LESSEE I. PROPERTY COVERED AND TERM: LESSOR does hereby lease to the LESSEE the vehicles described in the schedule below. This Lease shall become effective with respect to each vehicle on the "Delivery Date" for the term for that specific vehicle as set forth in attached schedule and shall continue under lease with respect to each said vehicle until terminated as per vehicle schedule as hereinafter provided. 2. LICENSE, TAXES AND FINES: Ana agrees to furnish for each vehicle leased herein, License Plates registered in the name of LESSOR under the laws of the state in which each such vehicle shall be kept. LESSEE agrees to pay any special license or tax required by the business of the LESSEE and to be responsible for any mileage taxes, ton mile taxes, highway or bridge tolls, which may result from the operation of these vehicles. LESSEE agrees to pay all fines imposed by any governmental authority levied upon any vehicle leased hereunder. 3. CARE AND_7dAINTENANCE AGREEMENT: agrees to maintain or cause to be maintained in good working condition each vehicle leased hereunder. LESSOR shall not provide, furnish or pay for, or cause to be furnished, provided or paid for any tires (other than those originally with the vehicles) gasoline, oil, anti freeze, tire chains, washing or storage for any vehicle leased hereunder. LESSEE agrees to keep each vehicle leased hereunder in good running order and to see that each vehicle is in good repair and properly serviced and lubricated at intervals of every 1000 to 1250 miles of operation. Lessee wi.l not permit any mechanics lien to attach to the vehicles. All repairs, servicing and lubrication shall be performed at such garages or repair establishments as shall be designated by Lessor. In event the vehicle needs repair and is outside the vicinity of Greeley, Colorado, Lessee shall receive instructions from Lessor by telephone or otherwise as to where said repairs shall be made. LESSOR shall not be responsible for any work, labor or service rendered to any vehicle leased hereunder except such work, labor or service as may have been rendered elsewhere pursuant to prior written consent of LESSOR. 4. USE OF VEHICLE: LESSEE agrees to cause each vehicle to be operated only by a safe and careful driver, who shall be properly licensed and who shall be the agent of the LESSEE only and subject to direction and control of the LESSEE. Upon receipt of written complaint from the LESSOR specifying any reckless or abusive handling of the vehicle or any other incompetence by any driver, LESSEE will immediately remove such driver and substitute a competent driver. LESSEE agrees to reimburse LESSOR in full for damages, including expenses, resulting from reckless or abusive handling of the vehicle by operation off an improved road cr city street, or overloading beyond the load capacity shown in attached schedule. LESSEE agrees not to use any vehicle leased hereunder, illegally, improperly or for hire, or as a public or private carrier, nor remove vehicle from state of Colorado without written consent of LESSOR. 5. FIRE, THEFT, AND COLLISION: • Lessee agrees to keep each vehicle leased insured for the term of agreement against damage by Fire, Theft and Collision with limits of J100 deductible. LESSEE agrees to be liable for the sum of the deductible on each vehicle leased in case of loss caused by collision, upset or overturn during the term of this agreement. 6,- HOLD HARMLESS: LESSEE agrees to assume all risk and liability for the operating of any vehicle leased hereunder and loss and damage for injuries or death to persons and damage to property by reason of the operation of any of said vehicles and agrees to hold the LESSOR harmless from any and all such claims, demands, expenses, liabilities, actions, suits and judgments, and also all court costs and counsel fees. 7. INDEMNITY INSURANCE: LESSEE agrees to effect, pay for and maintain during the period of this lease agreement indemnity insurance including Public Liability and Property Damage Insurance issued by a responsible company or companies protecting the interests of the parties to this contract against liability for oemrge, personal injury or death caused by each vehicle leased hereunder, or its operation, to the extent of $500,000 per accident subject to the limit of 5300,000 per pe,son and the sum of $25,000 per accident against liability for damage to property caused by the operation of each vehicle leased hereunder, and the LESSEE include that the policy will the LESSOR as "named assured" and that the LESSEE shall not use or operate the leased vehicle until proper evidence of the existence of such insurance coverage as described in this paragraph has been provided LESSOR. Should any claim be made or any action be commenced against the LESSOR for damage arising from any of the causes covered by insurance referred to in this paragraph, LESSOR agrees immediately to notify LESSEE thereof and LESSEE will conduct the defense of any such claim or action at LESSEE'S expense, including all costs and attorney fees, LESSEE agrees to faithfully comply with all the provisions of any policy of insurance obtained hereunder. It is understood and agreed that in the event of the cancellation of Public, Liability and Property Damage Insurance, under which the terms of this lease agreement is to be provided by the LESSEE'S expense, immediate notice thereof shall be given to LESSOR by the LESSEE and the insurance company so cancelling such insurance, and the use by LESSEE of all vehicles shall cease until all such insurance has been renewed or replaced. 8. INSPECTION: LESSEE agrees to permit LESSOR and/or its agents at all times to inspect and examine each vehicle leased hereunder. 9. STRIKES, LOCKOUTS, ETC.: The obligation of LESSOR shall be suspended to the extent it has been hindered as prevented from complying therewith by strikes, lockouts, war, Acts of God, fires, the elements, governmental regulations, shortage of materials, and for other causes beyond the reasonable control of LESSOR. 10. ADVERTISEMENT : LESSEE shall have the right at LESSEE'S expense to affix to any vehicle leased hereunder any appropriate advertisement or insignia indicating that such vehicle is being used in the service of LESSEE, LESSEE agrees to remove signs or insignias and restore to original on termination of agreement. II. DEFAULT: If the LESSEE shall default in any payment hereunder or shall fail to perform at the time and in the manner herein specified any term or covenant hereof, or if a proceeding in bankrupcy, receivership or insolvency be instituted by or against the LESSEE or if any vehicle leased hereunder shall be levied upon or subject to any Writ of attachment, execution or other Writ, or if the LESSEE shall be determined to be an uninsurable risk by any carrier of insurance hereunder, or if any such carrier shall cancel any policy of insurance then and in any of said events, LESSOR at its option may terminate this lease and take possession of all vehicles leased hereunder with or without notice. 12. TERMINATION: On the expiration of this agreement, or upon its sooner termination, LESSEE agrees to deliver up and surrender to the LESSOR each vehicle leased here- under in as good condition as when leased, reasonable wear and tear excepted,and also any appliances or accessories and spare tire as on vehicle when leased. This agreement shall terminate as to any vehicle replaced by LESSOR under this agreement when so replaced and the replacement vehicle shall be subject to all of the terms, covenants and conditions hereof during the remainder of the term of this agreement. Termination of this agreement is defined in attached schedule as "Term" from "Deliver Date." In event LESSEE desires to terminate this lease prior to the end of its term, LESSEE may do so upon surrender of the vehicle in good condition and repair, ordinary wear and tear excepted, and upon paying LESSOR in one sum, one-half of the rental charge for the remainder of the term of the lease agreement. 13. MUTUALLY-AGREED: A. Mileage shall be determined from speedometer readings, If the speedometer fails to function, the mileage for the period in which the failure occurred shall be estimated by the average mileage from previous 6 months. 8. The number of pounds specified under capacity on attached schedule is the maximum load that may be hauled on or in this vehicle according to the capacity of the vehicle. r` a • C. Acceptance of a vehicle in service constitutes an acknowledgment that the vehicle complies wit.. LESSEE'S specifications, any structural alteratipns, special equipment, accessories, or material alteration in, painting, lettering or art work thereafter required by LESSEE shall be made at LESSEE'S expLnse. D. This agreement shall be binding on the parties hereto, their successors, legal representatives and assigns. LESSEE shall promptly notify LESSOR in writing prior to all substantial changes in ownership of LESSEE'S business, but LESSEE shalf.not have the right to assign the agreement or any interest therein without the written consent bf LESSOR. E. The Parties hereto recognize that the rental charged for lease of the vehicle is exclusive of any sales or use taxes now in force or hereafter imposed and LESSEE agrees to pay in addition to the rent specified.,the amount of such sales or use taxes and any other new or additional taxes which may be im- posed on the use or operation of said motor vehicle or any increase in existing taxes, including license and registration fees. F. The Parties hereto further agree that the rental charge shall be as per attached schedule due in advance and dde each monthly period after date of delivery until termination of agreement. G. This agreement with attached schedule represents the entire agreement between the parties hereto and no provisions hereof may be waived or modified except by an instrument in writing signed by the parties hereto. H. This contract is understood by both parties to be a contract of leasing only, and LESSEE shall not acquire by the payment of the rental charge(s) hereunder any right, title or interest in or to the property described herein. SCHEDULE Delivery Make Cr Vehicre Serial Rental Additional Date Year Number Type Number Term Charge Mileage Rate is ,ter 7/16.45 4 'IPagism* S 76 Mouthe W14.04/ g�000 sever amovraiils Meek and to dortltr id1•CW Aorta 3rd 12 d+rMr heath 37Z.ogI this limas to orrrdialr attar 12 ro the Me jD dy►a rates. IN WITNESS WHEREOF, the parties hereto have signed and sealed this instrument, in quadruplicate,cr e, oonnthe day and year first above written.Riwaris By Sin OUR ) TITLE S .tam. 1 ByCesar ikon a ier►rr t Cant (LESSEE)) rafterifija0,• 4‘- -1/e"tiara, 'mar note Jno rAAdal• Oo cpdo ,, Hello