Lease of Bus
This Lease, hereinafter called the Lease, is made this , between
(date)
, a corporation organized and
(Name of Lessor)
existing under the laws of the state of , with its principal office located
(name of state)
at , referred to herein as the
(street address, city, state, zip code)
Lessor and , having his principal
(Name of Lessee)
place of business at , and
(street address, city, state, zip code)
referred to herein as the Lessee.
For and in consideration of the mutual covenants contained in this Agreement, and other good
and valuable consideration, the Parties agree as follows:
1. Lessor hereby leases to the Lessee, for a term beginning on , and
(date)
and ending on , the following described Bus:
(date)
Make:
Model:
Year:
V.I.N.
Additional descriptive details:
2. Lessee shall comply with all regulations of the Interstate Commerce Commission and pay
for the cost of any inspection of the Bus as required by laws of the state of
and/or the Interstate Commerce Commission.
3. Lessee will maintain, or cause to be maintained, the Bus in good working condition.
Nothing in this Agreement shall require Lessor to provide or pay for, or cause to be provided or
paid for, any gasoline, oil, antifreeze, washing or storage for the Bus.
4. Lessee agrees to pay to Lessor at
,
(street address, city, state, zip code)
the sum of $ , as rent, on
.
(e.g. the first day of each and every calendar month or week)
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The rent for the first and last of the term shall be apportioned on
(e.g., month or week)
the basis which the number of days of the term in the month bears to the whole number of days
in such month , unless the term starts on the first day of the month and ends on the first day of the
month .
5. The Bus leased pursuant this Agreement will be used and operated in a careful and lawful
manner and Lessee will pay or cause to be paid any fines imposed by any governmental authority
levied upon the Bus and/or its driver as the result of any act or omission during the term the Bus
is leased under this Agreement.
6. Lessee will not use or allow the Bus to be used for any illegal purpose and will reimburse
Lessor if the Bus is confiscated for expenses incurred as a result of any confiscation or attempted
confiscation by any governmental authority whatsoever, whenever such confiscation and
expenses, or either, is caused by the illegal use of such Bus while the Bus is leased under this
Agreement.
7. Lessee will keep and maintain the Bus in good running order and will see that same
stays in good repair and is properly serviced at the expense of Lessee. The Bus will be kept and
maintained in a garage or other covered storage space except when in use.
8. Immediately on the discovery of the need of any repair or servicing of the Bus, Lessee shall
cause said Bus to be taken to an authorized service station of the manufacturer of such Bus or
such other service station agreed to in writing by Lessee. The cost of any such repair may be
deducted by the Lessee from the next rental payment due Lessor under this Agreement, provided
Lessee shall make no repairs the cost of which shall exceed $ without the
written consent of Lessor first obtained. At the time of making such deduction, Lessee shall
provide Lessor with an itemized invoice evidencing payment for the repairs for which such
deduction is claimed. Notwithstanding the foregoing, Lessee is responsible for payment of
repairs resulting from the negligence of Lessee or anyone driving the Bus with or without the
consent of Lessee, or the violation by Lessee of the terms of this Agreement, and no such
deduction from rental payments may be made.
9. Lessee will acquire, pay for, and maintain appropriate commercial indemnity insurance,
including public liability and property damage insurance, issued by a responsible company or
companies, protecting the interests of both Lessee and Lessor against liability for damage,
personal injury or death caused by the Bus or the operation of the Bus to the extent of not less
than $ per accident and not less than $ per
person; and the sum of $ per accident for damage to property caused by the
operation of any Bus leased under this Agreement, and Lessee agrees that the policy will include
Lessor as a "named insured" and shall not be cancelled until after days notice to
Lessor of Lessee’s intention to cancel, and the Lessee further agrees to furnish to Lessor prior, to
the use or operation of the Bus, a certificate of such insurance.
10. Should any claim be made or any action be commenced against Lessor arising from any of
the causes covered by the insurance referred to in Paragraph 9, Lessor will promptly notify
Lessee and Lessee will conduct the defense of any such claim or action at Lessee's expense,
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including all costs and attorneys' fees.
11. In the event of the cancellation of any public liability and/or property damage insurance
required under the terms of this Lease, the use by Lessee of the Bus shall cease until all such
insurance so cancelled has been renewed or replaced.
12. Except as otherwise subsequently provided, on expiration of the term of this Lease, or
earlier termination of the Lease as provided in this Lease, Lessee shall return the Bus to Lessor in
the same condition as when received, less reasonable wear and tear, at
, or any other location mutually
(street address, city, state, zip code)
agreed on by the parties.
13. If any default shall be made by Lessee in the payment when due, of any rent or other sum
due under this Agreement, or in the performance of any other provision, or if Lessee is or
becomes unable to pay his debts from his own means as they become due, or if any receiver or
trustee of the business or of the property or assets of the Lessee shall be appointed by any court,
or if the Lessee shall abandon the Bus, or if the Lessee shall otherwise, in any manner whatever,
become unable to pay the rent specified here or to perform any of the provisions to be kept or
performed by Lessee, then Lessor shall have the option, without notice to Lessee or demand for
performance, to require Lessee to redeliver the Bus to Lessor at a location designated by Lessor
at Lessee's expense.
14. Lessee shall deposit with Lessor $ as security for the performance
by Lessee of the terms and conditions of this Lease. If Lessee fully complies with all terms, the
deposit shall be refunded to Lessee on termination of the Lease. Should Lessee fail to comply
with any of the terms, such deposit may be applied by Lessor to payment of the costs and
expenses, including attorneys' fees, incurred by Lessor as a result of such default; such deposit,
however, shall not be considered as payment for Lease payments due, nor shall it release Lessee
from the obligation to make such Lease payments or from any of the obligations assumed by
Lessee.
15 . Upon any such default, Lessor may terminate this Lease, in which event Lessee shall pay
to Lessor the amount of rent that would have been paid to Lessor had there been no such default.
The foregoing remedy for default shall not be exclusive but shall be cumulative and in addition
to all other remedies.
16. Lessor will not be liable to Lessee for any loss of business or any other damage caused by
any interruption of the service provided for here or otherwise.
17. Lessor does not assume any liability for any acts or omissions of Lessee or of any of
Lessee's agents, employees or drivers and Lessee specifically releases Lessor from all such
liability and agrees to indemnify and hold Lessor harmless of and from any and all such liability.
18. This is a Lease only, and the Lessee has acquired no right, title or interest in the Bus,
except the right to use the same pursuant to the provisions of this Lease.
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19. So long as the Lessee performs all of the terms and conditions of this Lease including
payment of the rental, Lessee shall have the unrestricted lawful use of such Bus for any lawful
purpose.
20. Time is of the essence of this Agreement. Lessor, at its option, may by written notice to
Lessee declare this Lease in default on the happening of any of the following:
A. Default by Lessee in payment or performance of any of Lessee's obligations;
B. A proceeding in bankruptcy or under any law for relief of debtors involving
Lessee or the leased Bus;
C. Voluntary assignment of Lessee's interest in this Agreement;
D. Involuntary transfer of Lessee's interest in this Agreement by operation of law; or
E. Expiration or cancellation of any policy of insurance agreed to be paid for by
Lessee, or the cessation in force according to its original terms of such insurance, or of
any extension or renewal of the insurance, during the entire term of this lease.
On declaration by Lessor that Lessee is in default under this Lease, the Bus shall be surrendered
and delivered to Lessor, and Lessor may take possession of it wherever it may be found, with or
without process of law, and for that purpose may enter on the premises of Lessee. On default,
Lessee, whether by operation of law or otherwise, shall have no right, title, or interest in the Bus,
or its possession or use, and Lessor shall retain all Lease payments and other sums paid by
Lessee under this Agreement with respect to the Bus.
21. Limitations of Warranties. There are no warranties, expressed or implied, by Lessor to
Lessee, except as contained in this Agreement, and Lessor shall not be liable for any loss or
damage to Lessee, nor to anyone else, of any kind and however caused, whether by any Bus, its
repair, maintenance, or equipment, or its failure, or by interruption of service or use of Bus.
22. Severability. The invalidity of any portion of this Agreement will not and shall not be
deemed to affect the validity of any other provision. If any provision of this Agreement is held to
be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and
effect as if they had been executed by both parties subsequent to the expungement of the invalid
provision.
23. No Waiver. The failure of either party to this Agreement to insist upon the performance
of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the
terms and conditions of this Agreement, shall not be construed as subsequently waiving any such
terms and conditions, but the same shall continue and remain in full force and effect as if no such
forbearance or waiver had occurred.
24. Governing Law. This Agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of .
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25. Notices. Unless provided herein to the contrary, any notice provided for or concerning
this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified
or registered mail if sent to the respective address of each party as set forth at the beginning of
this Agreement.
26. Attorney’s Fees. In the event that any lawsuit is filed in relation to this Agreement, the
unsuccessful party in the action shall pay to the successful party, in addition to all the sums that
either party may be called on to pay, a reasonable sum for the successful party's attorney fees.
27. Entire Agreement. This Agreement shall constitute the entire agreement between the
parties and any prior understanding or representation of any kind preceding the date of this
Agreement shall not be binding upon either party except to the extent incorporated in this
Agreement.
28. Modification of Agreement. Any modification of this Agreement or additional
obligation assumed by either party in connection with this Agreement shall be binding only if
placed in writing and signed by each party or an authorized representative of each party.
29. Assignment of Rights. The rights of each party under this Agreement are personal to that
party and may not be assigned or transferred to any other person, firm, corporation, or other
entity without the prior, express, and written consent of the other party; or
30. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed to be an original, but all of which together shall constitute but one and the
same instrument.
31. Compliance with Laws. In performing under this Agreement, all applicable
governmental laws, regulations, orders, and other rules of duly-constituted authority will be
followed and complied with in all respects by both parties.
WITNESS our signatures as of the day and date first above stated.
( Name of Lessee) (Name of Lessor)
By:
(Signature of Lessee) (Signature of Officer)
(Type or Print Name) (Type or Print Name)
It’s: It’s:
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