1. DEFINITION: The “Lessor”
shall be deemed to be BIG LAKE LEASING, or it’s duly authorized
employees, agents, or subsidiaries. “Lessee” shall be deemed to be the entity or
individual whose name appears at the top of page 1 hereto, and the authorized
signatories on the face of this Rental Agreement.
2. ACCEPTANCE: by affixing the LESSE'S signature hereto, such signature
constitutes an acceptance of this Rental Agreement and upon such acceptance,
this Rental Agreement shall be the complete Contract between the parties. This
Rental Agreement supersedes any and all prior agreements and understandings
relating to the subject matter hereof. All down payments are forfeited if this
Rental Agreement is cancelled by Lessee.
3. USE OF RENTAL PROPERTY: Lessee, at its own cost and expense, will use
the Rental Property in a careful and prudent MANNER, keeping the
Same in good repair and properly lubricated, and operated at all times by an
experienced and competent operator. Lessee will not use the Rental
Property for any other purpose than in the conduct of its own business. When the
equipment is not in use, it shall be kept in a protected area. Lessee shall be
responsible for and shall bear the expense of all fuel, lubrication and all
maintenance for the Rental Property. Lessor undertakes no obligation
With respect to repairs or replacement of parts, attachments, accessories or
equipment. Lessee shall, at its expense, at all times (during the teem hereof,
maintain each item of equipment in good operating order, repair and appearance
and shall lubricate and practice preventive maintenance at regular
Intervals as suggested in manufacture’s service manual. Lessee shall comply with
and conform to all Municipal, State, and Federal laws relating to the operation
and transportation of the equipment. Lessor further agrees to pay all costs and
expenses of every character occasioned by or involving the use, operation, or
transportation of the equipment. ~LESSEE SHALL BE INVOICED AND LESSEE AGREES TO
PAY FOR ANY AND ALL
REQUIRED MAINTENANCE AND DAMAGES ON AND FOR EACH PIECE OF EQUIPMENT***
4. RETURN OF RENTAL PROPERTY Upon completion of use (but in no event later
than the date specified in paragraph Ill on the reverse here of, or sooner upon
demand, Lessee agrees to return the Rental Property to Lessor’s place of
business designated herein, in as good condition as
When received, ordinary wear and tear alone excepted, and to assume all
responsibility for loss and damage to the Rental Property while in its
possession.
5.
ASSUMPTEON OF RISKS FROM USE: It is understood and
agreed that Lessee is not the agent, servant or employee of Lessor in any manner
whatsoever~ and Lessee assumes alt risks resulting from the use of the Rental
Property, and agrees to indemnify and save harmless the Lesser from any and all
liability from injury to persons or damage to property caused by the Rental
Property or the Lessee’s use possession, operation, or transportation thereof.
6. INSURANCE: Lessee at its cost and expense will place in effect such
insurance as is necessary to insure Lessor for and against any liability for
loss from injury or death to any person or persons for damage to any property
resulting from or arising out of the use, possession or operation by Lessee of
the Rental Property hereby leased while in possession of Lessee. Lessor shall be
specifically named as an insured in the policy evidencing such insurance. If
Lessee fails to insure said Rental Property or to pay all fees or premiums, and
Lessor pays any sums therefore, Lessee agrees to repay such sums to Lessor upon
demand.
7.
RENTAL RATES: Rental rates shall apply for the
entire time equipment is away from Lessor’s place of business regardless of
weather. But not for lost time due to mechanical failure, unless caused by
Lessee or his agents or servants.
8. SUBLEASING OF EQUIPMENT: The Lessee shall have no right to sublease the
equipment nor remove it from the County and State specified in this Rental
Agreement without the written consent of the Lessor. Further, Lessee shall,
whenever requested, advise Lessor of the exact location of the Rental Property.
9. EQUIPMENT TITLE Tide to the equipment shall at all times be vested in
the Lessor until transferred to the Lessee through sale. The Lessee shall give
Lessor immediate notice of any levy attempted upon said equipment, or if said
equipment from any cause becomes liable to seizure, and to indemnify Lessor
against all loss and damages caused by any such action.
10. BINDING EFFECT: All the terms and conditions contained in this Rental
Agreement shall be binding upon, and inure to the benefit of the parties hereto
and their respective heirs, successors and assigns.
II. DEFAULT: All rental payments shall be made
in a timely fashion. If Lessee fails to make any rental payment when due,
attempts to sell, encumber, or sublease the Rental Property, institutes any
proceeding in bankruptcy, or fails to comply with any of the terms and
provisions of this Rental Agreement, Lessee agrees to deliver the Rental
Property to Lessor upon demand, and Lessor may enter upon Lessee’s premises to
the full extent allowed by law and take possession of the Rental Property. This
Rental Agreement shall thereupon terminate at the option of Lessor. In the event
of such action, the Lessee agrees to pay all rentals due and to become due under
the terms of this Rental Agreement, damages for any injury to the Rental
Property, Costs of removal of the Rental property from the possession of the
Lessee, and all freight, storage, transportation and other charges incurred by
Lessor incurred in such removal, shipping and return to Lessor.
12. ATTORNEY’S FEES: Should it become necessary for Lessor to bring suit in
Court to enforce the terms of this Rental Agreement, it is agreed
That the Lessee shall pay all of Lessor’s
reasonable attorney)’s fees and court Costs, in connection with said suit, at
both the trial and appellate levels.
13. APPLICABLE LAW: This Rental Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue of any action hereunder
shall be in Okeechobee County, Florida.
14. MISCELLANEOUS: Time is of the essence in
this
Rental Agreement. Lessor’s failure within a
time to require a strict performance by Lessee of any of the provisions hereof
shall not waive or diminish Lessor’s right thereafter to demand strict
compliance therewith or with any provision. Waiver of any default shall not
waive any other default. Any alteration or modification of this Rental Agreement
must be in writing and signed by the parties
This Contract was prepared by:
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