LITEZILLA, LLC TERMS AND CONDITIONS FOR RENTALS
This Equipment Rental Agreement (the “Agreement”) is made and entered on rental start date (the “Effective Date”) by and between LiteZilla, LLC (the “Lessor”) legally conducting business within the State of Wisconsin; and (the “Lessee”); collectively referred to herein as the “Parties.”
- Equipment Subject to this Agreement.
The Lessor shall rent the equipment listed herein to the Lessee whom must adhere to the terms and conditions within this Agreement.
6′ wide X 6.5′ tall LiteZilla unit, acrylic rods, and the mobile cart (the “Equipment”)
- Payment Terms
The rental fee is based on a rate listed within the proposal, plus any additional fees incurred. Additional charges shall be added in the event the Equipment is damaged, missing any parts, or returned later than rental end date. Lessee shall pay to the Lessor an additional service charge of $3,000 per day for each day the Equipment has not been returned. All invoices are due upon receipt.
- Rental Term
This Agreement shall begin on the above effective date and shall terminate on rental end date unless otherwise terminated in a manner consistent within these terms.
The Equipment shall be located at the shipping address where the Equipment was delivered by Lessor (the “Location”) during the term of this Agreement, and shall not be removed from that location without the Lessor’s prior written consent.
Lessee shall not sublease or otherwise relinquish possession or control of, or assign, pledge, hypothecate or otherwise transfer, dispose of or encumber the Equipment, this Agreement, or any part thereof or interest therein, or any right or obligation with respect thereto.
- Care and Operation
The Equipment may only be used and operated in a careful and proper manner. The Equipment is not weatherproof or water resistant. It must be used indoors or outdoors under a covered location. During its use or storage, it should not be exposed to rain or severe weather conditions.
The Lessee shall insure the Equipment in an amount of at least $25,000. Lessee’s insurance shall name Lessor as an additional insured loss payee and waive subrogation against Lessor. Upon the written request of Lessor, Lessee shall provide Lessor with copies of the certificates of insurance and policy endorsement for the insurance coverage required by this Section 6.
Lessee shall make no alterations to the Equipment without prior written consent of the Lessor.
- Options to Renew
If the Lessee is not in default upon the expiration of this Agreement, the Lessee shall have the option to renew this
Lease for a similar term on such terms as the Parties agree upon.
a. The occurrence of any of the following shall constitute a default under this Agreement:
i. The failure to make a required payment under this Agreement when due.
ii. The violation of any other provision or requirement that is not corrected within (10) day(s) after written notice of the violation is given.
iii. The insolvency or bankruptcy of the Lessee.
b. Upon the occurrence of any such events of default, Lessor shall the option to pursue any one or more of the following remedies without any notice or demand whatsoever:
i. Terminate this Agreement in which event Lessee shall immediately return the Equipment to Lessor and if Lessee fails to do so, Lessor may, without prejudice to any other remedy it may have for possession, take possession and sue for possession of the Equipment and remove the Equipment from the Location without being liable for prosecution or any claim of damages therefor;
ii. Exercise any or all of the other rights and/or remedies available to Lessor at law or equity.
c. In the event Lessor elects to terminate this Agreement by reason of an event of default, then notwithstanding such termination, Lessee shall be liable for and shall pay to Lessor all rental fees accrued to the date of such termination not yet paid by Lessee. No action or omission by Lessor shall be deemed to be an election to terminate this Agreement other than an express written election from written election from Lessor to Lessee expressly terminating this Agreement.
d. In the case of any event of default or breach by Lessee, Lessee shall also be liable for and shall pay to Lessor, in addition to any sum provided to be paid above, repossession costs incurred by Lessor and all other costs and expenses incurred by Lessor as a result of Lessee’s default or breach and the costs incurred by Lessor in enforcing or defending Lessor’s rights and/or remedies, including the costs incurred by Lessor in collecting any sum due Lessee to Lessor and reasonable attorneys’ fees.
e. Lessor shall be entitled to recover from Lessee its attorneys’ fees in connection with any dispute arising under or related to this Agreement.
- Limitation of Liability.TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LESSOR SHALL NOT BE LIABLE TO LESSEE, AND LESSEE COVENANTS THAT IT SHALL NOT ASSERT A CLAIM AGAINST LESSOR, UNDER ANY LEGAL THEORY, WHETHER IN AN ACTION BASED ON A CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE PROVIDED BY STATUTE OR LAW, (i) FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR STATUTORY DAMAGES, OR ANY DAMAGES RESULTING FROM LOST PROFITS, INTERRUPTION OF BUSINESS, OR LOSS OF GOODWILL, EVEN IF LESSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) FOR DAMAGES RELATED TO OR ARISING OUT OF THIS AGREEMENT IN AN AMOUNT THAT EXCEEDS THE FEES ACTUALLY PAID BY LESSOR UNDER THIS AGREEMENT. LESSEE HEREBY WAIVES ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE IT OF AN ADEQUATE REMEDY OR CAUSE THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. PARTIES, HEREBY ACKNOWLEDGE AND AGREE THAT ANY WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY PROVISIONS SET FORTH ABOVE HAVE BEEN NEGOTIATED AND ARE FUNDAMENTAL ELEMENTS OF BASIS OF THIS AGREEMENT.
- Dispute Resolution
This Agreement and any dispute relating to this Agreement shall be governed by and interpreted in accordance within the laws of Wisconsin and the Parties irrevocably agree that the courts within the State of Wisconsin shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Agreement, regardless of individual party location. Parties irrevocably submit to the exclusive jurisdiction of the federal and state courts located within the State of Wisconsin.
- Risk of Loss
Lessee shall bear all risk of loss, damage, theft, taking, destruction, confiscation or requisition (each a “Loss”) with respect to the Equipment, however caused or occasioned, which shall occur during Lessee’s use of the Equipment. In addition, Lessee hereby assumes all other risks and liabilities, including, without limitation, personal injury or death and property damage, arising with respect to the use of the Equipment during the term of this Agreement, except to the extent such Loss is caused by Lessor’s willful misconduct.
Lessee agrees to indemnify and hold Lessor, its subsidiaries, affiliates, and respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses suffered or incurred arising out of Lessee use of the Equipment, the functionality of the Equipment, harm or damaged caused to 3rd party persons or property (except to the extent such harm or damage is caused by Lessor’s willful misconduct), or any violation of this Agreement. The provisions of this Section 15 shall survive the expiration or termination of this Agreement.
In the event, that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be amended to reflect, to the greatest extent permitted under applicable law, the original intent of the Parties, and the remainder of the provisions shall remain in full force and effect.
Either party’s failure to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of that or any other of its rights hereunder at any later date or time. No delay by either party in exercising any right, power or remedy under this Agreement shall constitute a waiver, and any waiver by a party on any one occasion or for any one purpose shall not be construed as a waiver on any future occasion or for any other purpose.
- Force Majeure
With the exception of any payment obligations, neither Party shall be liable for failing to perform its obligations hereunder (other than payment obligations) were delayed or hindered by war, riots, embargoes, strikes or acts of its vendors or suppliers, accidents, acts of God, or any other event beyond its reasonable control.
All terms and provisions of this Agreement that should by their nature survive the termination shall so survive.
- Entire Agreement
This Agreement, including any exhibits attached hereto and made part hereof, constitutes the entire agreement between Lessor and Lessee with respect of the subject matter hereof. This Agreement supersedes any prior agreements, representations, or dealings between the Parties. No term or provision of this Agreement may be amended, altered, waived, or discharged except by an instrument in writing signed by a duly authorized officer of the party against which the enforcement of the amendment, alteration, waiver, or discharge is sought.
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