Res 1998-149 - Laserfiche WebLink

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]UL 23'98 09:38 FR GE MODULAR 713 678 7374 TO 15123924612 P , 02{~i Addendum to Purchase Order No. This addendum is hereby made a part of and included in the Purchase Order No. 983922 , received by "GE Capital Modular Sþ"aœ, a division of Transport International Pool. Inc." (lAsor) and issued by " The City of San Marcos ,. (Lessee). In the event of conflict. the tcnns and conditions herein shall supersede any and all {cms and conditions cont4ined in the Purchase Order No. 983922 The parties agr~ and underStalld that: 0 GE Capital Modular Space will provid~ all pennilS necessary for the manufaCtUr~ and deliver)' of the moduk(s) to the site. The customer shall obtain and bE: responsible for all permits penaining to the building. insullation, site work and occupancy. 0 This Proposal is based 011 GE Capital Modular Space providing a building which meets or exceeds the rcqwremems for the State of Texas for UBC code. .>\ny additional requirements or dirC\.."'1.Ïves by local inspectors and/or other agencies shall be the responsibility of the Lessee. 0 GE Capital Modular Space win furnisb its standard insurmce certificate e\ridencing statutol)' workman's compensation and Generðl Liability and Auto with combined single limits of $2,500,000 each to be effective while GE Capital Modular Space is working on the SilE:. The Lessee shall be named on the CertificaLC as additional insured 'Ç\ith respecl to liability coverage only. However. copies of policies, endorsements andlor waivers of subrogation are not available. GE CapitaJ Modular Space will indemnify thc owner against loss or liability where the cause or causes of said loss or liability arc through the negligence of GE Capital Modular Space. ç .'\s th~ Lessee will have full and complete conuol of tile modular facility during thc lease term, the Lessee ,",ill indemnify the Lessor against loss or JiabiJiry resulting from property damage (l~sed equipment and third party), bodily injUI)', andlor death during the lease term. However, the Lessee "-ill not be responsible for loss or liability where úle cause and/or causes ofJoss or liability arc through flIt negligence of the Lessor. The Lessee will pro,,-ide the lessor v.ith satisfactory evidence of insurance while the equipment is in the CUStody, possession, and control offllC Lessee. with a combined single Jimit of one million dollars ($1,000,000) per occurrence for bodily injury liability and property damage liability, and said eviden" of insurance shall name the Lessor as the additional insured and loss payee. 0 In an "Operating Lease" trcUlsactiOll, Ole Lessee shall rerurn the equipment in the same condition as delivered, nonnal wear and tear excepted. 0 GE Capital Modular Space will not be responsible for incid..~fa.I, conscquentia) and/or punitive damages. 0 Lessee: agrees to compl}' with, peIfonn and execute aU laws. rules, regulations or orders of any federal, state, or local ~ovemment (including laws govenùng toxic waste, hazardous substances and other environmental risks) which in any way affect or are applicable to any of the Equipment or to the use, operation, ma.in~ or storage thereof, and to indemnify and hold Lessor harmless from and against any and all tines, foñeiums, seizures, penalties and liabilities that may arise from any violation of any such law, rule, regulation or order by Lessee, its employees or agents or that may rcsuJt from the usc. possession, operation or condition f1f any of the Equipment. 0 Title shall at all ùmes remain vested in Lessor. 0 DISCLAIMER OF WARRANTIES: Lessee agrees that there arc no warranties, e>"Press or implied, and all warranties of any kind. including specifically any express or impJied w3JTàI1ty of merchantibility or fimess for purpose, are hereby excluded both as to the Equipmel11 and as to any delivery. iJ1$tallation. demobilization,. maintenance or repair work perfomled by Lessor on the Equipment. Lessor shall not be bound by any I