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1974-07General Office. 1700 Chantilly Drive, NE. Atlanta, Georgia 30324 [404) 631-0911 Lanier January 8, 1974 City of Clermont 1 West Gate Plaza Clermont, Florida 32711 Gentlemen: LEASE NO. 565-168 Thank you for your recent order for Lanier Edisette equipment. We appreciate your business very much and welcome you to the ever growing list of satisfied users. A copy of the Lease-Purchase Contract and a coupon booklet covering the monthly payments on it are enclosed. There are 34 remaining .payments of $29.17 each and the first one is due January 18. Please return one coupon with each payment. Under the Lease-Purchase payment' plan, this contract is non- cancellable Quring the term of the contract; but, of course, the balance due can be paid at any time prior to the expiration of the contract. At the expiration of the full term, you may exercise your option to purchase the leased equipment for one dollar ($1.00). If you have any questions concerning the equipment or the con- tract, please return the enclosed reply card which requires no postage. Sincerely yours, (Mrs.) Trudell Selfridge TSjev Enclosures' cc: John Rhoads - Orlando DM P.S. In addition to our complete line of dictating equipment, we also diitribute the 3M copy, microfilm, visual and back- ground music equipment. Call your local Lanier office for more information on 3M Copying equipment. LEASE IRREVOCABLE: This lease is irrevocable for its full term and for the full rental above provided, and the rent shall not abate because of Lessee's surrender of the equipment or the termination or loss of Lessee's possession of the equipment or for any other reason. INSURANCE AND DESTRUCTION OF EQUIPMENT: Lessee agrees at its own cost and expense to comply with all governmental laws and regulations with respect to the, use, maintenance and operation of the equipment, and not to use it for any, illegal purpose, and lessee agrees to maintain at all times insurance in an amount sufficient to cover the unpaid rent, fire, theft and comprehensive insurance under a separate policy of insurance naming Lessor as loss payee on a standard lender's loss payable clause, or with Lessor's written permission to cover the equipment under a blanket policy naming Lessor as an assured as its interest may appear. The rent provided herein shall not abate because of any total or partial destruction of the equipment or Its loss or dlsappearance, except that the net amount of any recoveries received by Lessor on Insurance carried on the equipment by Lessee shall be applied to the rent payment in inverse order of their maturity. Lessor shall not be obligated to un. dertake to collect any claim against any person or insurer for any loss or darnage to the equipment. The lease shall not be terminated by any loss or damage to the equipment, and Lessee shall be relieved from paying rent on account of such occurrence only as provided in this paragraph, TITLE AND LIABILITY: All said equipment shall remain personal property and title thereto shall remain in Lessor exclusively. Lessee shall keep the equipment free from any and all liens, claims and security interests, and shall do or permit no act or thing whereby Lessor's title or rights may be encumbered or impaired, and Lessee shall keep the equipment in good condition and repair, except for reasonable wear and tear resulting from normal use, all at Lessee's sole expense (except during the term of any service and maintenance contract written by Lessor on the equipment). Lessee shall indemnify and save Lessor harmless from any and all injury to or loss of the equipment from whatever cause, and from liability arising out of the use. Damage for any loss or injury shall be based on the then true and reasonable market.value of the equipment in respective of rentals theretofore paid or accrued. DEFAULT: If Lessee defaults in the prompt payment of any rent installment or other liability due hereunder or breeches any other provision hereof, or any proceeding is filed by or against Lessee under any law relating to bankruptcy or the relief of debtors, or for receivership, or Les see makes an assignment for the benefit of creditors or if in the Lessor's judgment the equipment is in danger of loss or abuse or if the Lessor deems itself insecure. then in any such event Lessor may declare all of the remaining rent payments hereunder immediately due and payable and may without notice or legal process enter onto any premises where the equipment may be located and take possession of it. and Lessor may at its option either sell, release or retain the equipment, and at its option either {a) without terminating the lease, recover from the Lessee as dam ages for the breach of this lease and not as a penalty an amount equal to the difference between (1) the aggregate amount of the unpaid rent due hereunder, including additional rent, and (ii) the then net rental value of the equipment for the unexpired term of the lease less all of Lessor's expenses of repossessing the equipment, storing it, preparing it for sale or release, and commissions on its sale or release, or (b) terminate the lease. whereupon neither Lessor nor Lossee shall have an liability to the other under this lease or with respect to the equipment. Lessor shall be under no obligation to sell or release Lessors failure to do so shall not impair the ohligation of Lessee to pay damages provided for hereunder. If Lessor elects to sell or release the equipment, it may sell at private sale for whatever price it deems to represent the fair value of the equipment and it may lease for a term rental which may be equal to greater than or less than the term and rental agreed to herein, and the price received or rents reserved by Lessor in such sale or lease shall be deemed for the purpose of this paragraph to constitute the net rental value of the equipment. In addition to the foregoing remedies Lessor shall have all of the remedies of a secured party or Lessor of personal pro perty under applicable law, all of which remedies shall be cumulative and not alternative, Lessor's failure to exercise. any remedy hereunder after a default by lessee,shall not be a waiver of such remedy nor a waiver of such default or any subsequent default. POSSESSION Lessor covenants to and with Lessee that conditioned upon lessee's performance the conditions hereof, Lessee shalI peaceably and quietly hold, possess and use the equipment during said term without let or hindrance. ASSIGNME'NTS: Neither this lease nor Lessee's rights hereunder shall he assignable except with Lessor's written consent; the conditions hereof shall bind any permitted successors and assigns of Lessee. If Lessor assigns the rents reserved herein or all of any of Lessors other rights hereof under assignees rights shall be independant of any claim of Lessee against Lessor, Lessee of receiving notice of any such assignment shall abide thereby and make payment as may therein be directed. Following such assignments the term "Lesser" shall be deemed to include or refer to Lessor's assign. INDF~~NITY: Lessee shali indp.mnifv ilnn save Lessor'ilarrnlesS from any aiid all Hability, loss; damage, e)(p"mse, cauSes of ;:;ction, suits, claims or iu,1qrnents arisinll frQITl injury to person or property resulting from or based upon the actual or allP.ge;;i lise, operation, or transportation of the equipment or'lits:-tocation,or condition afte'-it\h'as:tl~en delivered TO L.e~e by'l2es50r;'a~d-~~r; shall, at itf. own cost and expense, defend any ape! ail suits which.may be brql\gh,&gainst Lessyr, ltither alor,e Of ,in conjync;tion with ather; "pOl! anY.$IJch liability or claim or claims and sha:i S<Jtisf'~, pay and discharge any and all judgmonts ~iI1,;:l fine, that mai' be 'ilGovered against L.-..ssol' in any suc" ;:.::tion or i1Ctions, provided, however, that !.essor shall !Jive Lessee written notice of any such claim or demand. . .'.. iVlISCELLANEOUS, Lesree hereby waives, any and all homegtead and exemption rights '.lIlder th~1law of. the Unite<;! $tates or oIany state and he-rilby "!ssigns all such rights to LeSsor as security for all ob~igatiaros of Le:.sce hereund.,r, Ll'3f.ee.will .iOl chan!}e or remove any, il)signia or let. tering 0n the equipment. Lessee acknowledges the rr,ceipt ofa true copy of this EQUIPMENT LEASE'- PURCH/\SE. . PURCHASE OPTION: If at the termilliition of this lea;;e, t.h" Lessee bl! not then in default hf.>rcunder,l.essee shall hRVe the option to purchase said eqUipment upon giving wr.itten notit::e not less than 30 days prior to expiration at the original term hereof. ,The purchasa price shall be ~1.00 (One, Dolla~l. ' , . -, _', ,,', . . . , ' " , - , VE NUE: This !erise takes effect only when it is accepted by the Lessor at its principal Ol1lce in Atlanta, Georgia, and is a Georgia transaction and it shall in all re!J3rds be interpreted under and governed by the laws of the Stata of Georgia, including Georgia laws concerning installment sales and leases, usury and service of legal process. AUTHOR1TY: If Lessee is a corporation, this lease is executed by authority of its Board of Directors. No salesman or field personnel of Lessor are authorizEid tt) acc'e'pi this lease or ';'odify its printed.p}q,visio~s, oragret: to any amendment, modification or recission of this agreement after it has been submitted t~ L,essor's\principal~ffice. \ ,.- ",,' \ '\, '\" \" '.,' ... ,- ..,'.,\ ',:-'" -, . . _.11 Jr., .... ~,_ "\ -I .. I " EQUIPMENT LEASE-PURCHASE 12-7-73 Date Add No. citY OF CLermont 1 westgate plaza City & Zip Code Lessor hereby leases to Lessee, and Lessee hereby hires and takes from Lessor the following described equipment and services subject to the conditions herein specified: Equipment Furnished: Model, Type, Serial No. and Extra Access. QUANTITY LESSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, CONDITION, CAPACITY OR OTHERWISE EXCEPT AS HEREIN EXPRESSLY SET OUT. TERM: This LEASE.PURCHASE agreement is for a term of 3 RENTALS: For said terms, Lessee shall pay to Lessor rent under the following terms and conditions: the first month's rent and the last month's rent in advance , and the balance of rent to be paid in equal, successive monthly rental payments of $ each, of which the first is due and the others on a like date each month thereafter, until fully paid. In ad dition to the foregoing rent Lessee agrees to pay all costs of collection or enforcement of the lease including attorneys' fees if any part of the rent is collected by legal action or throuah an attorney at law. All payments due or to become due to Lessor hereunder shall be paid at and to Lanier Management, Incorporated, p, O. Box 1555, Atlanta, Georgia 30301, for the account of Lessor. months, beginning and ending TAXES: Lessee shall comply with and conform to all laws and regulations relating to the ownership, possession, use or maintenance of the equipment and pay promotly when due all taxes and other public charges against 'or upon the equipment as additional rental thereof. Lessor hereby assigns to Lessee all investment tax credit which may be available with respect to the equipment under any existing or future tax laws. PLACE OF USE: The equipment shall be kept at State of FL., and shall not be moved therefrom unless Lessor in writing permits its removal, and shall be used in the conduct of Lessee's business only, and shall not be sold, subleased or loaned to others without Lessor's prior written permission. MAINTENANCE: During the term of this agreement Lessor will render guaranteed maintenance service during normal business hours at Lessee's above listed eddress. This maintenance will conform to authorized factory guaranteed maintenance contract. BY HIS SIGNATURE AFFIXED HERETO LESSEE ACKNOWLEDGES THAT HE HAS READ THE AGREEMENT ON BOTH SIDES OF THIS PAPER, THAT IT CONSTITUTES THE ENTIRE CONTRACT BETWEEN LESSOR AND LESSEE; AND THAT IT CAN ONLY BE MODIFIED BY A SUBSEQUENT WRITING SIGNED BY AN AUTHORIZED PARTY FOR THE LESSEE AND BY A CORPORATE OFFI. CER IN THE LESSOR'S PRINCIPAL OFFICE FOR THE LESSOR.