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stryker
<br /> Short Form Lease Agreement No.2210241213
<br /> 7.Default remedies:You are in default under this Agreement if:a)you fail to pay a Payment or any other amount when due;or b)you breach any other obligation
<br /> under this Agreement or any other agreement with us; or c) your principal owner or any guarantor of this Agreement dies; d) you or any guarantor dissolves,
<br /> ceases to do business as a going concern, becomes insolvent, bankrupt, merges,or is sold; or e)You or any guarantor fails to pay any other material obligation
<br /> owed to us or any of our affiliates. Upon default,we may: a)declare the entire balance of unpaid Payments for the full Term immediately due and payable; b)sue
<br /> you for and receive the total amount due plus the Equipment's anticipated end-of-Term fair market value ("FMV")or fixed price purchase option (the"Residual")
<br /> with future Payments and Residual discounted to the date of default at the lesser of(i)a per annum interest rate equivalent to that of a U.S. Treasury constant
<br /> maturity obligation(as reported by the U.S.Treasury Department)that would have a repayment term equal to the remaining Term,all as reasonably determined by
<br /> us;or(ii)3%per annum,but only to the extent permitted by law;c)charge you interest on all monies due at the rate of 18%per year from the date of default until
<br /> paid;and/or d)require you to immediately return the Equipment to us or we may peaceably repossess it.Upon default,you will also pay all expenses including but
<br /> not limited to reasonable attorneys fees, legal costs, cost of storage and shipping incurred by us in the enforcement and attempted enforcement of any remedies
<br /> under this Agreement.Any return or repossession will not be considered an Agreement termination or cancellation. If the Equipment is returned or repossessed
<br /> we may sell or re-rent the Equipment at terms we determine,at one or more public or private sales,with or without notice to you,and apply the net proceeds(after
<br /> deducting any related expenses)to your obligations.You remain liable for any deficiency with any excess being retained by us.
<br /> 8. End of term/Renewal:You will give us at least 90 days but not more than 180 days written notice(to our address above)before the initial Term(or any renewal
<br /> term)expiration of your intention to purchase or return the Equipment,whereupon you may: a)purchase all, but not less than all, of the Equipment as indicated
<br /> above or b) return all of the Equipment in good working condition at your cost how, when and where we direct. Any FMV purchase option amount will be
<br /> determined by us based on the Equipment's in place value.If you don't notify us,or if you don't a)purchase or b)return the Equipment as provided herein,
<br /> this Agreement will automatically renew at the same Payment amount for consecutive 60-day periods. If any Software license ("License") included
<br /> hereunder passes title to you, such title shall automatically, and without further action, hereby vest in us, and you hereby agree to relinquish any subsequent
<br /> Software title, purchase or use right claim. If,in connection with our Software rights, licensor's consent is required,you will assist us in obtaining such consent. If
<br /> the$1.00 Buyout is selected above,the first three sentences of this section 8 shall be void and upon expiration of the Term,you shall pay all amounts owed by you
<br /> hereunder but unpaid as of such date plus$1.00(and any applicable taxes).Any purchase of the Equipment by you pursuant to a purchase option or$1.00 Buyout
<br /> shall be"AS IS,WHERE IS"without representation or warranty of any kind from us.
<br /> 9. Miscellaneous: You acknowledge we have given you the Equipment supplier's name. We hereby notify you that you may have rights under the supplier's
<br /> contract and may contact the supplier for a description of these rights.This Agreement shall be governed and construed in accordance with the laws of Michigan.
<br /> You agree (i) to waive any and all rights and remedies granted to you under Uniform Commercial Code Sections 2A-508 through 2A-522, and (ii) that the
<br /> Equipment will only be used for business purposes and not for personal, family or household use. This Agreement may be executed in counterparts and any
<br /> facsimile,photographic or other electronic transmission and/or electronic signing or manual signing of this Agreement by you and when manually countersigned by
<br /> us or attached to our original signature counterpart shall constitute the sole original chattel paper as defined in the UCC for all purposes and will be admissible as
<br /> legal evidence thereof; provided,however,that if this Agreement constitutes"electronic chattel paper"or"an electronic record evidencing chattel paper"under the
<br /> UCC and both you and we have signed electronically,the version identified by us as the"single authoritative copy"is the chattel paper for purposes of perfection by
<br /> control.You agree not to raise as a defense to the enforcement of this Agreement or any related documents hereto the fact that such documents were executed by
<br /> electronic means.We may inspect the Equipment during the Term. No failure to act shall be deemed a waiver of any rights hereunder. If you fail to pay(within thirty
<br /> days of invoice date)any freight,sales tax or other amounts related to the Equipment which are not financed hereunder and are billed directly by us to you,such
<br /> amounts shall be added to the Payments set forth above(plus interest or additional charges thereon)and you authorize us to adjust such Payments accordingly. If
<br /> you are required to report the components of your payment obligations hereunder to certain state and/or federal agencies or public health coverage programs such
<br /> as Medicare, Medicaid,SCHIP or others,and such amounts are not adequately disclosed in any attachment hereto,then Stryker Sales,LLC will,upon your written
<br /> request, provide you with a detailed outline of the components of your payments which may include equipment, software, service and other related components.
<br /> You acknowledge that you have not received any tax or accounting advice from us.You agree that you shall upon request from us,promptly provide to us a copy of
<br /> your most recent annual financial statements and any of your other financial information(including interim financial statements)that we may request.You authorize
<br /> us to share such information with our affiliates, subsidiaries and Assignees. This Agreement, any schedules hereto, any attachments to this Agreement or
<br /> any schedules and any express warrantees made by Stryker Sales, LLC constitute the entire agreement between the parties hereto regarding the
<br /> Equipment and its use and possession and supersede all prior agreements and discussions regarding the Equipment and any prior course of conduct.
<br /> You waive all rights to any indirect, punitive, special or consequential damages in connection with the Equipment or this Agreement. There are no
<br /> agreements,oral or written,between the parties which are contrary to the terms of this Agreement and such other documents.YOU AGREE THAT THIS
<br /> IS A NON-CANCELLABLE AGREEMENT AND WAIVE TRIAL BY JURY.
<br /> I CERTIFY THAT I AM AUTHORIZED TO SIGN THIS AGREEMENT FOR CUSTOMER
<br /> Customer signature Accepted by Flex Financial,a division of Stryker Sales,LLC
<br /> Signature: Date: Signature: Date:
<br /> Print name: Print name:
<br /> Title: Title:
<br /> Agreement#2210241213
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