Res 2004-051 - Laserfiche WebLink

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15. LOSS OR DAMAGE. In the event any item of Equipment shall become lost, stolen, destroyed, damaged beyond repair or rendered permanently unfit for use for any reason, or in the event of condemnation or seizure of any item of Equipment, Lesset;: shall promptly pay Lessor (a) the amount of all rent and other amounts payable by Lessee hereunder with respect to such item due but unpaid at the date of such payment plus (b) the amount stated in the Supplement or an exhibit thereto as the Termination Balance included in Exhibit "A", plus (c) an amount equal to the applicable final purchase price set forth in the Supplement or any exhibit thereto, less (d) any unaccrued interest. Upon payment of such amount to Lessor, such item shall become the property of Lessee, Lessor will transfer to Lessee, without recourse or warranty, all of Lessor's right, title and interest therein, the rent with respect to such item shall terminate, and the basic rental payments on the remaining items shall be reduced accordingly. Lessee shall pay any sales and use taxes due on such transfer. Any insurance or condemnation proceeds received shall be credited to Lessee's obligation under this paragraph and Lessee shall be entitled to any surplus. 16. INSURANCE. Lessee shall obtain and maintain on or with respecUo the Equipment at its own expense (a) liability insurance against liability for bodily injury and property damage with a minimum limit of $500,000 combined single limit and (b) physical damage insurance insuring against loss or damage to the Equipment in an amount not less than the fu 11 replacement value ofthe Equipment or the amount stated in the Supplement or an exhibit thereto as the Termination Balance. Lessee shall furnish Lessor with certificate of insurance evidencing the issuance of a policy or policies to Lessee in at least the minimum amounts required herein, naming Lessor as an additional insured thereunder for the liability coverage and as loss payee for the property damage coverage to the extent of Lessor's interest. Each such policy shall be in such fonn and with such insurers as may be satisfactory to Lessor, and shall contain a clause requiring the insurer to give to Lessor at least 10 days prior written notice of any alteration inthe terms of such policy or the cancellation thereof, and a clause specifYing that no action or misrepresentation by Lessee shall invalidate such policy. Lessor. shall be under no duty to ascertain the existence of or to examine any such policy or to advise Lessee in the event any. such policy shall not comply with the requirement thereof. In the event that Lessee has been permitted to self-insure, Lessee will furnish Lessor with a letter or certificate to such effect. Lessee may obtain and provide coverage by municipal risk pool agreement, in lieu of providing any insurance required by this Master Lease. In this Master Lease, the word "insurance" shall mean and include risk pool coverage. 17. RETURN OF THE EQUIPMENT. Upon the expiration or earlier tennination of this Lease, unless all payments are made as described in the Supplement, the Lessee will iIJl1Uediately deliver the Equipment to Lessor in the same condition as when delivered to Lessee, ordinary wear and tear excepted, at such location within the continental United States as Lessor shall designate. Lessee shall pay all transportation and other expenses relating to such delivery. 18. ADDITIONAL ACTION. Lessee will promptly exe<;ute and deliver to Lessor such further documents and take such further action as Lessor may reasonably request in order to rnore effectively carry out the intent and purpose of this Lease, including the execution and delivery of appropriate financing statements to fully protect Lessor's interest hereunder in accordance with the Uniform Conunercial Code or other applicable law. Lessee will furnish, from time to time on request, a copy of Lessee's latest annual balance sheet and income statement. 19. LATE CHARGES. If any installment of basic rent is not paid when due or within 5 days thereafter; Lessor may impose a late charge of up to 5% of the amount of the installment but in any. event not more than permitted by applicable law. Payments thereafter received shall be applied first to delinquent installments and then to current installments. 20, DEFAULT. Each of the following events shall constitute an "Event of Default" hereunder (a) Lessee shall fail to pay when due any installment on basic rent after receiving 10 days notice from Lessor and an opportunity to cure, provided, however, failure to appropriate will not be an Event of Default; (b) Lessee shall fail to observe or perform any other agreement to be observed or performed by Lessee hereunder and the continuance thereof fOr 30 calendar days following written notice thereof by Lessor to Lessee; (c) any warranty, representation or statement made or furnished to Lessor by or on behalf of Lessee proves to have been false or misleading in any material respect; or (d) Lessee shall voluntarily file, or have filed against it involuntarily, a petition for liquidation, reorganization, adjustment of debt, or similar relief under the federal or state Bankruptcy Code or any other present or future federal or state bankruptcy or insolvency law, or a trustee, receiver, or liquidator shall be appointed of it or all of a substantial part of its assets. 21. REMEDIES. Lessor and Lessee agree that Lessor's damages suffered by reason of an Event of Default are uncertain and not capable of exact measurement at the time this Lease is executed because the value of the Equipment at the expiration of this Lease is uncertain, and therefore they agree that for purposes of this Section 21 "Lessor's Loss" as of any date shall be the sum of the following: (I) the amount of all rent and other amounts payable by Lessee hereunder due but unpaid as of such date, plus (2) the amount stated in the Supplement or an exhibit thereto as the Termination Balance, plus (3) an amount equal to theapplicable purchase price set forth in Exhibit A less (4) unaccrued interest. 4