5833 AUTHORIZING AGREEMENT FOR LEASE OF DATA PROCESSING EQUIPMENT

Home Browse Search

� , I.ease Agreement No. ....3 91.............•-- Machine Schedule ...........1.................. • RENT �BATEMENT AND EXTRA EXPENS� RIDER _ Not�vithstanding Section 6 of the above Lease, in the event of any damage to or destruction of any machine, or any ui�it or element thereof leased hereunder (hereinafter "equipment"} or to the premises in �vhich such equipment is located so as to prevent access thereto during the Initial Term (including any estensicns thereof) from any cause for which Customer has no responsibility by virtue of the first para�raph of Section 6, this Lease shall not terminate if it reasonably appears that � such equipment can be repaired or replaced within six months from the date of such occurrence but (i) during the geriod commencing on the eighth day and ending si�:months after the date of such occur- rence, rer_tal hereunder shall be abated for the period of time necessarily required with the exercise of due diligence and dispatcl� to rebuild, repair ancl/or replace such damaged or destroyed epuipment or premises and to the ��tent such equipinent ancl any otlier equipment leased hereunder is thereby rendered unusable in the normal and ordinary conduct of Customer's business and (ii) during the six (6) months period after such occurrence, ITEL shall pay Customer's extra expense (as that term is hereinafter de5ned and limited) resulting directly from the inoperation of any such equipmen; leased hereunder. The term "extra e.lpense" means the excess, if any, of the total cost (in excess of any indemnity I received by Customer from insurance or otlier�vise) of operating Customer's business reasonably , iiicurred during the period of restoration of the operation of sucli equipment over and above t11e total cost (i�icludi��g ttie paymerit of the n'Ionthly Availability Charge hereunder) of the operation thereof that normaily �vauld har•e been incurred durinb the sarne period had no dainage or destruction occurred, such cost including in each case tlie expense oi using other equipment or the facilities of other concerns. In no event, lio��•e<<er, shall ITEL be liable for any loss of profits or earnings, nor shall it be liable under - this rider for any direct or indirect property damage or for e�penditures incurred in the purchase, construction, repair or replacemerit of any physical property (provided tr�is rider shall not diminish any obligations of ITEL there�or contained in said Lease). There shall be deducted from the etitra expense ITEL would othcrwise pay hereunder an amount equal to sevcn-thirtieths (7/30) oT one month's 11Tonthly Availability Charge pa�'able hereunder, and ITEI.'s liability hereunder shall not exceed an aggregate of s� (6) times the :Vtonthly tivailability Chai•ge hereunder nor one-siath (1/6) �hereof in any one calendar rnonth. Without Iimitina the last paragraph of Section 6, ITEL shall have no obligation to Customer whatsoever under this rider or Lease ior any loss resulting direcd}� or indirectly from any local or . state orclinance or ]a�r- re;ulatiiig construction or repair of builelin�s; the suspension, ]apse or cancel- lation of an}- lease, license, contract or order; interference at pre�nises b�� strikers or odier �ersons �vitli rebuilcli»g, repairing or replacing the property damaged or de�troyed or ��ith the resumption or continu- ation of the occupancy anci use of tlie insurecl property of I"I'�L and/or Ctistomet•; loss or destruction of accottnts, bills, eviderices of clebt, valuab!e papers, recor�ls, abstracts, deeds, manuscripts or otl�er documents; error in inachine pro;rammin� or tI1SLI actions to IIl1C�lllll'� any dishouest, fraudulent or criminal act b}' Custon�er, a partner therein or �n officer, ciirectc�r or trustee thereof, whether actin; alone or in collusion «-it}i ot�ieis; or delay qr loss of marl:et. MDG:SB 2/4/T2