Fill and Sign the Ex10 33htm Secgov Form

Personal Property Lease of Equipment and Furniture with Option to PurchaseThis Equipment and Furniture Lease is made _________________ (date of lease), between _________________________ (Name of Lessor), a corporation organized under the laws of ________________ (name of state), having its principal office at __________________ ________________________________________ (street address, city, county, state, zip code) , hereinafter called Lessor, and ______________________ (Name of Lessee), of ______ ____________________________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Lessee. Whereas, Lessor desires to Lease to Lessor , and Lessor desires to Lease from Lessor , the Equipment and Furniture described as Exhibit A, attached hereto and made at part hereof; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Lease Lessor leases to Lessor, and Lessor leases from Lessor, the Equipment and Furniture described as Exhibit A, as may be replaced or supplemented from time to time by Lessor or at the request of Lessor. If additions or deletions are made to the Equipment during the term of this Lease , Lessor and Lessor shall memorialize such changes on a corrected Exhibit A, and both parties shall forthwith sign and date such revised Exhibit A and then attach it to this Lease. Lessor reserves the right to adjust the rent amount with respect to such additions and deletions during the term of this Lease. 2. Term of Agreement The period of this Lease is _______ (number) months beginning on ________________ (date) and ending on ___________________ (date). 3. Rental Lessee agrees to pay as rental for the use of the Equipment and Furniture the sum of $___________ (Dollars) per month, the first payment to made on ______________________ (date) , and each subsequent payment to be made in advance on ______________________ (date ). A late fee of $10.00 per days shall be charged and paid for any rental payment more than 14 days past due. 4. Use of Equipment and Furniture Lessee will not use the Equipment and Furniture in any manner which may vitiate the insurance or increase the rate of insurance on the Equipment and Furniture . 5. Assignment and Subletting Lessee shall not sublet the Equipment and Furniture , or any part thereof, or assign this lease agreement without Lessor’s prior written consent. 6. Deposit Lessee agrees to deposit the sum of $______________ (Dollars) with Lessor , the receipt of which is hereby acknowledged, as assurance that the Equipment and Furniture will be returned in the same condition as it is delivered to Lessee, the deposit to be refunded if the condition of the Equipment and Furniture upon its return, is acceptable to Lessor. Reasonable wear and tear on the Equipment and Furniture due to normal use is acceptable. 7. IndemnificationLessee agrees to indemnify Lessor for any and all claims resulting from, or incidental to, the operation of the Equipment and Furniture during the term of this Lease. Lessee assumes all risks and liabilities from the use and operation of the Equipment and Furniture . 8. Warranties Lessor is not the manufacturer of the Equipment and Furniture and makes no warranty against patent or latent defects in material or workmanship of the Equipment and Furniture . 9. Reports Lessee shall furnish Lessor, within ______ (number) hours after its occurrence, a complete report concerning any accident, collision, and/or damages to or involved with the Equipment and Furniture . 10. Repairs Lessee shall be solely responsible for all repairs and replacements necessary or desirable. 11. Insurance and Indemnification A.Lessee will acquire, pay for, and maintain insurance for the Equipment and Furniture , including property damage insurance, issued by a responsible company or companies, protecting the interests of both Lessee and Lessor against liability for damage, to the extent of not less than $_____________ (Dollars). Lessee agrees that the policy will include Lessor as a named insured and shall not be cancelled until after ______ (number) days notice to Lessor of Lessee’s intention to cancel. B. 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 Sub-Paragraph A above, Lessor will promptly notify Lessee and Lessee will conduct the defense of any such claim or action at Lessee's expense, including all costs and attorneys' fees. 12. Return of Equipment and Furniture Lessee agrees to return the Equipment and Furniture to Lessor at _________________ _______________________________ (street address, city and state) on or before ________ (time) , on the final date of this Lease. 13. Area of Use Lessee agrees not to remove the Equipment and Furniture from the continental United States or the State of ________________ (Name of State). 14. 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. 15. Default and Remedies A.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 of this Agreement, 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 Equipment and Furniture to Lessor at a location designated by Lessor at Lessee's expense. B. Upon any such default, and with or without terminating or forfeiting this Lease Agreement and without in any way affecting any other right or remedy of Lessor or any duties or obligations of Lessee under this Agreement, Lessor may lease the Equipment and Furniture as the agent and for the account of Lessee upon such terms and conditions as Lessor may deem advisable, in which event the rents received on any such Lease shall be applied first to the expenses of leasing and collecting, including any necessary renovation or repairs, then toward payment of all sums due or to become due to Lessor under this Agreement, and if a sufficient sum shall not thus be realized to pay such rent and other charges, Lessee shall pay to Lessor monthly any deficiency. C. Upon any such default, Lessor may terminate this Lease Agreement, 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. D.The foregoing remedies for default shall not be exclusive but shall be cumulative and in addition to all other remedies. 16. Other than the Option to Purchase set forth in Paragraph 18 below, this is a Lease only, and the Lessee has acquired no right, title or interest in the Equipment and Furniture , except the right to use the same pursuant to the provisions of this Lease Agreement. 17. The term of this Lease Agreement shall be extended for an additional term of (number) months pursuant to the terms of this Lease Agreement, including this Paragraph for renewal, unless either Lessor or Lessee , at least (number) days before the end of the term of this Lease Agreement, gives written notice to the other of intention to terminate this Lease Agreement on expiration of the term provided for in this Agreement. 18. Option to Purchase Lessor hereby grants to Lessee the option to purchase the Equipment and Furniture in its then-current condition at any time during this Agreement for the sum of $_________ (Dollars) less ______ (number)% of rent that has been paid pursuant to this Lease Agreement or any renewal thereof. If Lessee desires to exercise the option to purchase, Lessee shall do so by giving Lessor written notice of that intent no less than _______ (number) days prior to the date for the next scheduled lease payment under this Agreement. Lessor and Lessee agree that Lessor will be selling Equipment and Furniture in its as is condition on the date of any such sale and makes no warranty as to the condition of the Equipment and Furniture and waives any implied warranty of fitness for a particular purpose or merchantability. 19. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 20. 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. 21. 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. 22. 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. 23. In this contract, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ________________________ ______________________ (Name of Lessee) (Name of Lessor) ________________________ By:_________________________________ (Printed name) ___________________________ ________________________ (Printed name & Office in Corporation) (Signature of Lessee) ___________________________ (Signature of Officer)