EQUIPMENTRENTALAGREEMENT(LEASE)

1、EQUIPMENT RENTAL AGREEMENT (LEASE)THIS AGREEMENT, made the_ day of_ , 200_ , by andbetween _ , hereafter called the Lessee, and_ Conservation District, hereafter called the Lessor. Lessee and Lessor, for the considerati on hereafter n amed, agree as follows:Un der the Gen eral Con diti ons of Lease

2、attached to this sheet, Lessor hereby leases to Lessee all equipment namedand identified in the following“List olEquipment,”r use at such location and at such ren tal rate for approximately suchtime as is there in stated. Lessor shall furnish such equipme nt, F.O.B., i n operative con diti on.LIST O

3、F EQUIPMENTDescription ofEquipmentLocation ofequipment useDuration ofequipment useLessorIdentificationNumberRental RatePer Article ($)Rental RateUnit (daily,monthly)Lessor and Lessee, for themselves, their successors, executors, adm ini strators and assig ns, agree to the fullperforma nee of the cov

4、e nants here in contain ed.IN WITNESS WHEREOF, they have executed this Agreeme nt the day and year first above writte n:Con servati onDistrict, LessorBy:_ , LesseeBy:_Equipme nt Ren tal Agreeme nt -CONSERVATION DISTRICTPage 1 of 5PROGRAMGENERAL CONDITIONS OF EQUIPMENT RENTAL AGREEMENT (LEASE)The con

5、 diti ons of lease here below stated, together with the Agreeme nt set forth on the reverse side of this sheet, constitute a con tract betwee n the parties therein n amed which con tract is hereafter referred to as“this Agreeme nt”.1)RENTAL PERIOD. The Re ntal period shall cover all time con sumed i

6、n tran sporti ng theequipme nt, in cludi ng the date of legal delivery to a public carrier for tran sit to Lessee and upon retur n of the equipment, the date of legal delivery by such carrier to Lessor, or if no public carrier is used, shall in clude the date upon whichtran sit to Lessee begi ns and

7、 the date upon which transit from Lessee ends at Lessors unioading point.2)RENTAL CHARGES. Lessee shall pay ren tal for the en tire Rental Period on each article of equipme nt n amed inthe List of Equipme nt, at the rate there in stipulated and in accorda nee with the followi ng:a)Mon thly Ren tal R

8、ates shall not be subject to any deduct ions on acco unt of any non-work ing time inthe mon th. The amount of rent payable for any fracti on of a month at the beg inning or end of the Rental Period shall be the mon thly ren tal rate, prorated accord ing to the nu mber of cale ndar days insuch fracti

9、 on.b)Daily Ren tal Rates shall not be subject to deduct ions for any non-work ing time in the day and shallbe paid for each cale ndar day in the month except Sun days and legal holidays upon which theequipme nt is not operated. Daily and mon thly ren tal rates stipulated in the List of Equipme nt c

10、ontemplate an operati ng day of a regular sin gle shift of eight (8) hours, and for each hour over sucheight (8) hours that the equipme nt is operated these rates shall be in creased six (6) perce nt of thedaily rate throughout such period as the equipme nt is so operated.c)Un it of Work Rates shall

11、 be paid for each un it of work in which the equipme nt participates, and theamount of ren tal shall, uni ess otherwise agreed in writ ing be determ ined by the nu mber of un itsshow n in the supervis ing engin eer architects estimates.3)PAYMENT. The rent for any and every item of equipme nt describ

12、ed in the List of Equipme ntshall be the amount there in desig nated and is payable in adva nee on the first day of each mon th. Lessee shall payLessor in terest at twelve perce nt (12%) or the highest lawful rate, whichever is greater, on any deli nquent payme ntfrom the date whe n such payme nt wa

13、s due un til paid and on any other sum for breach of this Agreement, from the dateof the breach, and expenses of collecti on or suit, in cludi ng actual attor neysfees.4)SECURITYDEPOSIT A ny security deposit paid by Lessee to Lessor is paid to guara ntee Lessees full andfaithful performanee of all t

14、erms, conditions and provisions of this Agreement. If Lessee shall so perform, an equal sumshall be repaid without interest to Lessee at the termin atio n of this Agreeme nt.5)FEES, ASSESSMENTSAND TAXES PAID BY LESSEE.Lessee shall pay all license fees,Page 2 of 5Equipme nt Ren tal Agreeme nt -CONSER

15、VATION DISTRICTPROGRAMassessments, and sales, use, property and excise, and other taxes or hereafter imposed, and relating to Lesseesuse or possession of the equipment.6)RECALL NOTICE. Lessor may recall any or all equipment upon ten (10) days written notice to Lessee and theLessee may return any or

16、all equipment upon a like notice to the Lessor.s or7)MAINTENANCE AND OPERATION. Lessee shall not remove, alter, disfigure or cover up any numbering, lettering,or insignia displayed upon the equipment, and shall see that the equipment is not subjected to careless, unusually orneedlessly rough usage;

17、and Lessee shall at his own expense maintain the equipment and its appurtenances in goodrepair and operative condition, and return it in such condition to Lessor, ordinary wear and tear resulting from proper usethereof alone expected.8)REPAIRS. The expense of all repairs made during the Rental Perio

18、d, including labor, material, parts and otheritems shall be paid by Lessee.9)OPERATORSU. nless otherwise mutually agreed in writing, Lessee shall supply and pay all operators on theequipment during the Rental Period. All operators shall be competent. Should Lessor furnish any operators or otherworkm

19、en for the equipment, they shall be employees of Lessee during the Rental Period, and Lessee shall pay themsalary or wages and all other applicable costs. Lessee shall provide and pay for all workmens comanpdenpsaaytioninsuranceall payroll taxes required by law and applying to such operators and wor

20、kman.10)DISCLAIMER OF WARRENTIES.LESSOR,BEING NEITHER THE MANUFACTURER,NOR A SUPPLIER, NORA DEALER IN THE EQUIPMENT, MAKES NO WARRENTIES, EXPRESS OR IMPLIED, AS TO ANY MATTERWHATSOEVER,INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITSMERCHANTABILIT,Y ITS DESIGN, ITS CAPACIT,Y ITS PE

21、RFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITSFITNESSFOR ANY PARTICULARPURPOSE,OR THAT IT WILL MEET THE REQUIREMENTSOF ANY LAWS,RULES,SPECIFICATIONSO, R CONTRACTSWHICH PROVIDEFOR SPECIFICAPPARATUSOR SPECIALMETHODS. LESSORFURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURYTO LESSEEO

22、R THIRD PARTIESAS A RESULTOF ANY DEFECTSL, ATENTOR OTHERWISE,IN THE EQUIPMENT.AS TO LESSOR,LESSEELEASESTHE EQUIPMENT“ASIS”L.ESSORSHALL NOT BE LIABLE IN ANY EVENT TOLESSEEFOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER RESULTING FROM DEFECTS IN,OR INEFFICIENCY OF, EQUIPMENT HEREBY LEASED OR A

23、CCIDENTAL BREAKAGE THEREOF.11)INDEMNITY. Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions,suits, proceedings, costs, expenses, damages, and liabilities, including attorneys fees, arising out of, connected with, orresulting from the equipment or the Le

24、ase, including without limitation, the manufacture, selection, delivery, leasing,renting, control, possession, use, operation, maintenance or return of the equipment. Lessee shall further indemnifyLessor, and hold Lessor harmless from all loss and damage to the equipment duringPage 3 of 5Equipme nt

25、Ren tai Agreeme nt -CONSERVATION DISTRICTPROGRAMthe rental period. Lessee recognizes and agrees that included in this indemnity clause, but not by way of limitation, isLessees assumption of any and all liability forsinajbuirliyty: daind death ofworkmen and other persons caused by the operation, use,

26、 control, handling, or transportation of the equipment duringthe Rental Period.12)RISK OF LOSS. Lessor shall not be responsible for loss or damage to property, material, or equipment belongingto Lessee, its agents, employees, suppliers, or anyone directly or indirectly employed by Lessee while said

27、materialproperty, or equipment is in Lessorcasre, custody, control or under Lessors physical control. Lessee isencouorabtgaeind at ppropriate equipment,material, or installation floater insurance against such risk of loss. Lessee and its insurers waive all rights of subrogationPage 4 of 5PROGRAMagai

28、nst Lessor for such losses.13)INSPECTION: CONCLUSIVE PRESUMPTIONS. Lessee shall inspect the equipment within three (3) businessdays after receipt thereof. Unless Lessee within said period of time gives written notice to Lessor, specifying any defectin or other proper objection to the equipment. Less

29、ee agrees that it shall be conclusively presumed, as between Lessorand Lessee, that Lessee has fully inspected and acknowledged that the equipment is in full compliance with the terms ofthis agreement, in good condition and repair, and that Lessee is satisfied with and has accepted the equipment in

30、suchgood condition and repair. Lessor shall have the right at any time to enter the premises occupied by the equipment andshall be given free access thereto and afforded necessary facilities for the purpose of inspection.14)OWNERSHIP. Lessor shall at all times retain ownership and title of the equip

31、ment. Lessee shall give Lessorimmediate notice in the event that any of said equipment is levied upon or is about to become liable or is threatened withseizure, and Lessee shall indemnify Lessor against all loss and damages caused by such action.15)DEFAULT; REMEDIES. If (a) Lessee shall default in t

32、he payment of any rent or in making any other paymenthereunder when due, or (b) Lessee shall default in the payment when due of any indebtedness of Lessee to Lessorarising independently of this lease, or (c) Lessee shall default in the performance of any other covenant herein and suchdefault shall c

33、ontinue for five days after written notice hereof to Lessee by Lessor, or (d) Lessee becomes insolvent ormakes an assignment for the benefit of creditors, or (e) Lessee applies for or consents to the appointment of a receiver,trustee, or liquidator of Lessee or of all or a substantial part of the as

34、sets of Lessee under the Bankruptcy Act, or anyamendment thereto (including, without limitation, a petition for reorganization, arrangement, or extension) or under anyother insolvency law or law providing for the relief of debtors, then, if and to the extent permitted by applicable law.Lessor shall

35、have the right to under any other insolvency law or law providing for the relief of debtors, then, if and to theextent permitted by applicable law. Lessor shall have the right to exercise any one or more of the following remedies.(a) To declare the entire amount of rent hereunder immediately due and

36、 payable as to any or all items of theequipment, without notice or demand to Lessee.(b) To sue for and recover all rents, and other payments, then accrued or thereafter accruing, with respect toany or all items of he equipment.Equipme nt Ren tai Agreeme nt -CONSERVATION DISTRICT(c) To take possessio

37、n of any or all items of the equipment without demand, notice, or legal process, whereverthey may be located. Lessee hereby waives any and all damages occasioned by such taking of possession.Any said taking of possession shall not constitute a termination of this lease as to any or all items of equi

38、pmentunless Lessor expressly so notifies Lessee in writing.(d) To terminate this lease as to any or all items of equipment.(e) To pursue any other remedy at law or in equality.Notwithstanding any said repossession, or any other action which Lessor may take, Lessee shall be and remain liablefor the f

39、ull performance of all obligations on the part of Lessee to be performed under this Lease. All such remedies arecumulative, and may be exercised concurrently or separately.16)NO SUBLETTING ASSIGNMENT.No equipment shall be sublet by Lessee, nor shall he assign or transfer anyinterest in this Agreement without written consent of Lessor. Lessor may assign this Agreement without notice. Subjectto the foregoing, this Agreement inures to the benefit of, and is binding upon, the heirs, su