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General Tema:The following terns apply to rental agreements. i
<br /> You agree to all the terms and conditions shown below and on the reverse side of this Rental,that those terms and conditions are a compote and exclusive stater iert of our agreement and that they may be
<br /> modified only by written agreement and not by course of performance.You agree that this Rental cannot be terminated except as provided for in this Rental,excel as noted on page 9 of City of Decatur
<br /> RFP under"TERMINATION OF CONTRACT".You acknowledge receipt of a copy of this Rental.
<br /> This rental may not be terminated early,except as noted on page s of City of Decatur RFP under"TERMINATION OF CONTRACT".
<br /> 1. Indemnity and Hold Harmless,To the fullest extend permitted by law,you shall and agree to indemnify the Dealer against,and hold the Dealer harmless frc m,any and all claims,losses,actions,suits,
<br /> proceedings,costs,expenses,damages and liabilities(including but not limited to negligence,tort and strict liability),including reasonable attorneys'fees,arising out of,connected with,or resulting
<br /> from the equipment or this Agreement,including without limitation,the manufacture,selection,delivery,leasing,renting,control,possession,use,operator,maintenance or return of the equipment.
<br /> You shall further indemnify the Dealer and hold the Dealer harmless from all loss and damage to the equipment during the term of this Agreement.
<br /> 2. Collection Charges:If any part of a payment is more than 30 days late,you agree to pay a late charge of 10%of the payment which is late or,if less,the mi Ddmum late charge allowed by applicable
<br /> law.You agree to pay a charge of$25 for each check returned fornon-sufficient
<br /> 3. Ownership of Equipment:We are the owner of the equipment and have title to the equipment.
<br /> 4. Location of Equipment You will keep and use the equipment only at your address shown above.You agree that the equpmentwill not be removed from tin at address unless you get our written
<br /> pennission in advance to move it.Maintenance,Installation and Insurance:You are responsible for protecting the equipment from damage except ordinary ear and tear and from any other kind of
<br /> loss while you have the equipment.If the equipment becomes damaged,you agree to pay rentaillease payments and will be responsible for the full cost of epairing the equipment If the equipment is
<br /> lost,stolen or destroyed,you agree to purchase the equipment from us for the full list price as established by us at the ti me of the rental.You agree to keep the equipment insured against all risks of
<br /> loss or damage from every cause whatsoever for not less than the full replacement value thereof.
<br /> 5. Default.You wil I be in default under this Agreement if you(a)fail to pay rent or make any other payment when due under this Agreement,or(b)fail to makE payment when due on any other
<br /> indebtedness you owe us arising independently of this Agreement,or(c)fail to perform or observe arry term,covenant,promise,obligation or condition unc er this Agreement or any other instrument
<br /> or document executed in connection with this Agreement,or(d)you become insolvent(however defined),cease doing business as a going concern,make an assignmentfor the benefit of creditors,or
<br /> cause a petition for receiver or in bankruptcy to be fled by or against you(including a petition for reorganization or an arrangement).If you are in default un Jer this Agreement,we shall have the right
<br /> to exercise concurrently or separately,and without any election of remedies to be deemed made,the following remedies:to declare the entire amount of re t hereunder immediately due and payable
<br /> as to any or all items of equipment,without notice or demand to you;to sue for and recover all rents,and other payments,then accrued or thereafter accrui 1g,with respect to any and all items of the
<br /> equipment;to take possession of any or all items of equipment without demand notice or legal process,wherever they may be located and you hereby we ve any and all damages occasioned by such
<br /> taking of possession and any said taking of possession shall not constitute a termination of this Agreement as to any or all items of equipment unless wee ressly so notify you in writing;to terminate
<br /> this Agreement as to any or all items of equipment;and to pursuer any other remedy at law or in equity.
<br /> 6 No Waiver,Severability.The failure of one party to enforce at any time arty of the provisions or terms of this Agreement shall not be construed to be a waiv ir by such party to enforce such term
<br /> provision or any other term or provision of this Agreement.Whenever possible,each provision ofthis Agreement will be interpreted in such manner as to b,i effective and valid under applicable law,
<br /> but if any provision of this Agreement or the application thereof to any person,entity or circumstances shall be invalid,it legal or unenforceable to any ellen,the remainder of this Agreement and the
<br /> application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.
<br /> 7 Facsimile Signatures.You agree that a facsirrile copy of this Agreement bearing authorized signatures may be treated as an original.
<br /> 8. You authorize us to change your payment amount in the event you choose to add additional accessories after initial installation.We will send you notice of any such changes.
<br /> 9. Attorney's fees and costs.If we have to take possession of the equipment,you agree to pay the cost of repossession.
<br /> 10. This Agreement shell be subject to and governed by the laws of the State of Illinois.Any action or proceeding arising out of or which is directly or indirectly elated to this Agreement shall be
<br /> commenced and maintained only in courts located in Sangamon County,Illinois.Each party,by their respective execution of this Agreement,consents and submits to the jurisdiction of any state or
<br /> federal court located within Sangamon County,Illinois.
<br /> 11. Each party waives any right that the party may otherwise have to transfer or change the venue of any action orproceeding brought against that party by IN other party to this Agreement which arises
<br /> out of or is directly or indirectly related to this Agreement.
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