• Leased Unit. Customer hereby leases from Company the following Mobile Office Unit (“Unit”)
For any Lease Term longer than the 28 days, the Customer shall give written notice to the Company at least 28 days prior to the expiration of the Lease Term of Customer’s intention not to renew this Lease. If the Customer does not give such notice, then at the sole option of the Company, this Lease shall continue on a month-to-month basis, which is defined to be 28 days.
• Early Termination: If Customer terminates this Lease prior to the expiration of the Term as set forth on the Rental Quote, Customer must pay Company all costs and expenses incurred by Company, including reasonable attorney’s fees, caused by the Early Termination, in addition to 100% of all remaining “Rent” (as defined below) due under this Lease plus all other charges and fees due Company under this Lease.
• Use. The unit shall be used for office/storage use only and for no other use or purpose. Customer expressly represents that the Unit is not intended for personal, family or household uses.
• Rent. The “Rent” for the Unit shall be due and payable in advance on the Commencement Date and on each 28th day thereafter at the rates set forth on the “Rental Quote” attached to this Lease as Exhibit 1 (“Rental Quote”) plus the current applicable sales and use tax rate and other additional charges. Rent will be charged for the full Commencement Date and last date of the Lease Term regardless of the time of day of the actual delivery of the Unit. For the purpose of this Lease, a “Month” is defined as 28 consecutive days. In addition, the Customer shall pay to the Company the amounts as described in the Rental Quote on the Commencement Date and/or on a monthly basis as required in the Rental Quote.
• Notices. Any notice required to be given shall be given in writing and given by mailing such notice by registered or certified mail, return receipt requested to the addresses set forth above.
• Operating Costs. Customer shall for the entire Lease Term, pay all “Operating Costs” associated with the Unit, directly to the appropriate collecting agency. “Operating Costs” are defined to include, but shall not be limited to, all real estate taxes, sales and use taxes, permit fees, special assessments, maintenance, heating, lighting, plumbing, air conditioning and cleaning of the Unit. Customer shall be responsible for providing all mains and conduits to supply water, gas, electricity and sanitary sewage to the Unit as part of such Operating Costs. Customer shall pay when due, all charges for sewer usage or rental, garbage disposal, refuse removal, water, electricity, gas, telephone and/or other utility services furnished to the Unit.
• Care and Repair of Unit. Customer shall, for the entire Lease Term, and at its sole expense, maintain the interior and exterior of the Unit in a clean and safe condition and in compliance with all applicable laws and regulations. Customer shall be solely responsible for any damage to the Unit, regardless of the cause and shall promptly repair any such damage, normal wear and tear excepted. Customer agrees not to make any changes to the Unit without the prior written approval of the Company. All Company approved changes shall be the property of the Company and shall remain upon and be surrendered with the Unit at the termination of this Lease. Customer agrees to permit Company to enter the Unit during Customer’s regular business hours for the purpose of inspection of the Unit.
• No Assignment. Customer shall not sell, assign, mortgage, pledge or in any manner transfer this Lease or any interest in this Lease or sublet the Unit or any part thereof without prior written consent of the Company in each instance. Consent by Company to one assignment of this Lease or sublease of the Unit shall not be a waiver of Company’s rights under this Lease as to any subsequent assignment or subletting. Until termination of this Lease, the Customer shall remain liable for the performance of all terms and conditions of this Lease.
• Indemnity / Agreement to Insure. Customer assumes the entire responsibility and liability, to the fullest extent permitted by law, for all damage or injury to all persons and to all property, arising out of, resulting from or in any manner connected with Customer’s use of the Unit or any breach or default on the part of Customer under this Lease. Customer agrees to indemnify and save harmless Company, its officers, directors, shareholders, agents and employees against any and all such claims or demands arising from such damage or injury, including, costs and reasonable attorneys fees for the defense thereof, and costs and attorneys fees incurred to enforce the provisions of this paragraph. Customer shall obtain pay for such general commercial liability insurance coverage and endorsements as will insure the provisions of this paragraph and obtain and pay for “all-risk” collision and comprehensive coverage to keep the Unit, fixtures and personal property in the Unit insured against loss by fire, perils of extended coverage, and such other hazards, casualties, and contingencies as may be required by Company for full replacement cost without deduction for depreciation. Company, its officers, directors, shareholders, agents and employees, shall not be liable for any damage to property of Company or of others located in the Unit nor for the loss or damage to any property of Customer or of others by theft or otherwise, whether caused by the negligence of any of such persons or otherwise. All property of Customer kept or stored in the Unit shall be so kept and stored at the risk of the Customer. If the Unit is rendered untenantable by any casualty loss, this Lease may be terminated, at the option of the Company, as of the date of such loss and Customer shall thereupon promptly vacate the Unit and the Rent shall be adjusted to the date of such loss, except in the event such damage resulted from or was contributed to by the act, fault or neglect of Customer, in which event there shall be no abatement of Rent.
All insurance policies required by this paragraph shall be issued by admitted insurance companies licensed to do business in the State of Minnesota and shall: (i) name the Company as an additional insured or as a loss payee as the case may be, for all purposes under the policies; (ii) be constantly assigned and pledged to and held by Company as additional security for this Lease; and (iii) contain an agreement of the insurer that the coverage shall not be terminated or modified without ten (10) days prior written notice to Company. In the event of loss, Customer shall give immediate written notice to Company, who may make proof of loss if not made promptly by Customer. Customer hereby authorizes Company to settle and compromise all claims on such policies of insurance and hereby authorizes and directs each insurance company concerned to make payment for any such loss directly to Company instead of Customer and Company jointly.
A CERTIFICATE OF INSURANCE in Compliance with Paragraph 9 Must be Sent to the Company Prior to the Time the Unit is Shipped to the Customer’s Site
A CERTIFICATE OF INSURANCE in Compliance with Paragraph 9 Must be Sent to the Company Prior to the Time the Unit is Shipped to the Customer’s Site
• Hazardous Waste Materials. During the time of Lease, Customer shall not store, use or maintain any hazardous materials, as defined in state and federal regulations, in, on or about the Unit.
• Default. Any one or more of the following events shall constitute a material event of default under this Lease (each an “Event of Default”): (i) Customer shall fail to make any payment of Rent, Operating Costs or other charge when due; (ii) Customer shall fail to perform or observe any other covenant, condition or term to be performed or observed by it under this Lease; (iii) any representation or warranty made by Customer in this Lease or in any document furnished pursuant to this Lease shall prove to be incorrect at any time in any respect; (iv) Customer makes any attempt, or if the Company has the reasonable indication of Customer’s intent to sell, convert, damage or remove the Unit from the location set forth in the Rental Quote or (v) Customer or its creditors files for relief of Customer under any bankruptcy or similar law for the relief of debtors or (vi) Customer makes any assignment for the benefit of its creditors or (vii) a receiver is appointed to take possession of any of the assets of Customer and, upon the occurrence of such an Event of Default, Company may, at its option, terminate the Customer’s right to possession of the Unit. The Unit and any rights of the Customer shall thereupon be immediately surrendered to Company and Company may take possession thereof. Company is hereby authorized by Customer to enter upon any premises of Customer without notice for the purpose of taking possession of the Unit. Company shall retain all Rents and any other amounts paid by Customer pursuant to this Lease. Repossession by Company or the surrender of the Unit to Company shall not affect the right of Company to recover from Customer any and all damages which Company shall have sustained by reason of the occurrence of an Event of Default, including, but not limited to the amounts required to be paid pursuant to Section 2(A) regarding Early Termination. Company shall have all other remedies in its favor existing in law, equity or bankruptcy, and the remedies under this Lease shall be deemed to be cumulative and not exclusive.
• Service Charge/Late Fee. If payment is not received by Company on the due date, Customer agrees to and shall pay, to the extent permitted by law, on demand, as a late charge an amount equal to 5% of the past due amount.
• Interest Charges. If the Customer fails to pay in full any amount due the Company from the Customer under this Lease when due, then such unpaid amounts shall bear interest at maximum rate permitted by applicable law, but in no event at a rate to exceed 18% annual interest on such unpaid amounts from the due date of such amounts until paid. It is the intention of the Company and Customer to conform strictly to applicable usury laws. In no event shall any consideration paid by Customer to Company under this Lease which constitutes interest under applicable law ever exceed more than the maximum amount allowed by applicable law.
• Delay in Possession. If on the Commencement Date the Unit is not be ready for delivery to the Customer, Company shall use due diligence to deliver possession of the Unit to Customer. The Company, using such due diligence, shall not in any way be liable for failure to deliver possession of the Unit to Customer. The Rent and other charges payable by Customer hereunder shall be abated until the Unit shall be delivered to the Customer, this Lease remaining in all other respects in full force and effect and the Lease Term is not thereby extended.
• Entire Agreement. This Lease and the Exhibits and forming a part thereof, set forth all the covenants, promises, agreements, conditions and understandings between Customer and Company concerning the Unit. No representations, warranties, undertakings or promises, whether oral, implied, written or otherwise have been made by Company to Customer unless expressly stated in this Lease. Customer has not relied upon any verbal representations, agreements, or statements of the Company, not expressly set forth in this Lease. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon Company or Customer unless in writing and signed by Company and Customer.
• Electronic Signature. Each of the parties agrees that this Lease and any Exhibits may be signed and delivered by electronic signature as that term is defined in the Uniform Electronic Transactions Act (1999), as amended ("Electronic Signature"). The Electronic Signature shall be binding and enforceable as if such party had signed originally. Each party shall deliver an originally signed copy of this Lease and Exhibits within three (3) business days following the Electronic Signature.
• IN WITNESS WHEREOF, the respective parties hereby have caused this Lease to be executed the day and year first above written.