|
. � Mobile Modular Management Corporation Lease Agreement
<br /> 1100 State Hwy 559 Contract: 240003823.1
<br /> ���� ��' Auburndale, FL 33823-9356 Contract Term: 24 Months
<br /> � o�� ��� � Phone: (863) 965-3700 Fax: (863) 965-7814 Date Printed: 12/12/2011
<br /> �v�n��r�_MobileMod.alarRents.eom
<br /> >�".�,';", ° ' ;, � ° " ,° " r ""'"' Start Rent Date: 12/14/2011
<br /> payment(s), Lessee shall reimburse Lessor for such insurance as deemed appropriate by Lessor and as invoiced by Lessor In any event,
<br /> Lessor will not and does not provide insurance for any of Lessee's personal property that may be in or on any Equipment.
<br /> 12. WAIVER AND INDEMNIFICATION.
<br /> (a) Lessee hereby waives and releases all claims against Lessor for (i) loss of or damage to ali property, goods, wares and merchandise in,
<br /> upon or about the Equipment, (ii) injuries to Lessee, Lessee's agents and third persons, and (iii) the use, misuse, or malfunction of any
<br /> security screens provided with the Equipment, in each case, irrespective of the cause of such loss, damage or injury. Under no circumstances
<br /> shall Lessor be liable to Lessee for any special, incidental or consequential damages of any kind (including, but not limited to damages for loss
<br /> of use, or profit, by Lessee or for any collateral damages), whether or not caused by Lessor's negligence or delay, resulting from the Lease or
<br /> the manufacture, delivery, installation, removal or use of the Equipment, or in connection with the services rendered by Lessor hereunder,
<br /> even if the parties have been advised of the possibility of such damages.
<br /> (b) Lessee agrees to indemnify and hold harmless Lessor from and against any and all losses, liabilities, costs, expenses (including attorney
<br /> fees), claims, actions, demands, fines, forfeitures, seizures or penalties (collectively, "Claims") arising out of (i} the maintenance, possession
<br /> or use of the Equipment by Lessee, its employees, agents or any person invited, suffered or permitted by Lessee to use or be in, on or about
<br /> the Equipment, inGuding to the extent arising from Lessor's negligence, (ii) Lessee's failure to comply with any of the terms of the Lease
<br /> (including without limitation Se�tions 5�a}(ii) and 5(f�(i) of the Incorporated Provisions, and Sections 6 14 and 15 hereto), and (iii) any theft or
<br /> destruction of, or damage to, the Equipment. If the foregoing obligations are not enforceable against Lessee under applicable law, Lessee
<br /> agrees to indemnify and hold harmless Lessor from and against any and all Claims to the maximum extent permitted by applicable law.
<br /> Lessee shall make all payments due under this Section upon demand by Lessor.
<br /> 13. EVENTS OF DEFAULT.
<br /> (a) Each of the following shall constitute an "Event of Default": (1) default by Lessee in making any required payment to Lessor and the
<br /> continuance of such default for ten (10) consecutive days; (2) any default or breach by Lessee of Section 7, (3) default by Lessee in the
<br /> performance of any obligation, covenant or liability contained in the Lease or any other agreement or document with Lessor and the
<br /> continuance of such default for ten (10) days after written notice, thereof by Lessor to Lessee; (4) any warranty, representation or statement
<br /> made or furnished to Lessor by or on behalf of Lessee proves to have been false in any material respect when made or furnished; (5) loss,
<br /> theft, damage, destruction or the attempted sale or encumbrance by Lessee of any of the Equipment, or any levy, seizure or attachment
<br /> thereof or thereon; or (6) Lessee's dissolution, termination of existence, discontinuance of business, insolvency, or business failure; or the
<br /> appointment of a receiver of any part of, the assignment for the benefit of creditors by, or the �mmencement of any proceedings under any
<br /> bankruptcy, reorganization or arrangement laws by or against, Lessee_ Lessee acknowtedges that any Event of Default will substantially
<br /> impair the lease value hereof.
<br /> (b) REMEDIES OF LESSOR: Upon the occurrence of any Event of Default and any time thereafter, Lessor may, without notice, exercise one
<br /> or more of the following remedies, as Lessor, in its sole discretion shall elect: (1) declare all unpaid lease payments under the Lease to be
<br /> immediately due and payable; (2) terminate the Lease as to any or all items of the Equipment; (3) take possession of the Equipment wherever
<br /> found, and for this purpose enter upon any premises of Lessee and remove the Equipment, without any liability for suit, action or other
<br /> proceedings by Lessee; (4) direct Lessee at its expense to promptly prepare the Equipment for pickup by Lessor; (5) use, hold, sell, lease or
<br /> otherwise dispose of the Equipment or any item thereof on the site specified on the applicable Agreement or any other location without
<br /> affecting the obligations of Lessee as provided in the Lease; (6) sell or lease the Equipment or any part thereof by public or private sale or
<br /> lease at such time or times and upon such terms as Lessor may determine, free and clear of any rights of Lessee (if notice of sale is required
<br /> by law, notice in writing not less than ten (10) days prior to the date thereof shall constitute reasonable notice to Lessee); (7) proceed by
<br /> appropriate action either in law or in equity to enforce performance by Lessee of the terms of the Lease or to recover damages for the breach
<br /> hereof; (8} apply the Security Deposit to payment of Lessor's costs, expenses and attomey fees in enforcing the terms of the Lease and to
<br /> indemnify Lessor against any damages sustained by Lessor (provided, however, nothing herein shall be construed to mean that the recovery
<br /> of damages by Lessor shall be limited to the amount of the Security Deposit); (9) exercise any and all rights accruing to Lessor under any
<br /> applicable law upon an Event of Default. In addition, Lessor shall be entitled to recover immediately as damages, and not as a penalty, a sum
<br /> equal to the aggregate of the following: (i) all unpaid payments as are due and payable for any items of Equipment up to the date of
<br /> repossession by Lessor; (ii) any expenses paid or incurred by Lessor in connection with the repossession, holding, repair and subsequent
<br /> sale, lease or other disposition of the Equipment, including attomey's fees and other reasonable costs and expenses; (iii) an amount equal to
<br /> the excess of (a) all. unpaid payments for any item of Equipment repossessed by Lessor from the date thereof to the end of the term of the
<br /> Lease over (b) the fair market lease value of such item or items of Equipment for such unexpired lease period {provided however, that the fair
<br /> market lease value shall be deemed to not exceed the proceeds of any sale of the Equipment or lease thereof by Lessor for a period
<br /> substantially similar to the unexpired lease period); and (iv) the replacement cost of any item of Equipment which Lessee fails to prepare for
<br /> retum to Lessor as provided above or converts or is destroyed, or which Lessor is unable to repossess.
<br /> 14_ OWNERSHIP AND MARKING OF EQUIPMENT. Title to the Equipment shall remain in Lessor (or its Principal). Excepting only as may be
<br /> granted in a separate writing signed by Lessor, no option or other right to purchase the Equipment is granted or implied by the Lease to
<br /> Lessee or any other person. The Equipment shafl remain and be deemed to be personal property of Lessor, whether attached to realty or not,
<br /> and upon termination of the Lease or the occurrence of an Event of Default, Lessee shall have the duty and Lessor shall have the right to
<br /> remove the Equipment whether or not affixed to any realty or building without any liability to Lessor for damage to the realty or building caused
<br /> by the removal of the Equipment. Any replacement, substitutes, accessories or parts, whether placed in or upon the Equipment or not,
<br /> whether made a component part thereof or not, shall be the property of Lessor and shall be included under the terms of the Lease.
<br /> 15. COMPLIANCE WITH LAW. Lessee assumes all responsibility for any and all licenses, clearances, permits and other certificates as may
<br /> be required for Lessee's lawful operation, use, possession and occupancy of the Equipment. Lessee agrees to fully comply with all laws, rules,
<br /> regulations and orders of all local, state and federal governmental authorities which in any way relate to the Equipment. Lessee shall pay the
<br /> 240003823, Printed: 12-12-2011 1'1:2gqM Thank you for eontactlng Mobile Modular.
<br /> Page 5 of 6
<br />
|