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<br />CORPORATE OFFICE: BRANCH OFFICE' BRANCH OFFICE' BRANCH OFFICE' <br />DEERFIELD CQMMERCE CENTER TOSHIBA BUSINESS SOLUTIONS DIV. MIAMIlAJ(ES COMMERCE CENTER NORTHPOINT BUSINESS PlAZA <br />'lOll S.W. 30TH AVENUE JOHN YOUNG COMMERCE CENTER 5761 N.w. 1S8lh STREET 901 NORTHPOINT PKWY, SUITE 120 <br />DEERFIELD BEACH, FL 33442 2815 DIRECTORS ROW. SUITE 700 MIAMI LAKES, FL 33014 WEST PAlM BEACH. FL 33407 <br />1954) 428-1:lOO ORLANOO,FL32809 1305)826-9700 (561)684-2300 <br />FAX. (954) 429-9083 (407) 852.1110 FAX - (305) 826-3350 FAX (561) 616-4598 <br />FAX -1407) 816-1511 <br /> <br />I efT( iJ~ Sv,UV/ .]s-~a gG~U') <br />/7() 70 DJ ///1(/$ .;tJe./L ff 2GY <br />L5v j/v/ J) l~ ~ B~df' ~/~...vf:f1 <br />Deliver To (If other than Lessee's address) .Bv /' IIf) ,/~- <br /> <br />BRANCH OFFICE' <br />3212 SOUTH U.S. 1 <br />FORT PIERCE, FL 34982 <br />(561) 461-8224 <br />FAX (561) 460-6640 <br /> <br />LEASE ORIGINAL <br />This space for Lessor's use only <br /> <br />Lessee <br /> <br />Name <br />Address <br /> <br />TOSHIBA BUSINESS SOLUTIONS <br />-A TOSHIBA COMPANY- <br /> <br />QUANTITY <br />I <br /> <br />DESCRIPTION: Model No., Catalog No. or other identification <br /> <br />c-~:> <br /> <br />IMPORTANT: Supplier and Its representatives are not the agents of Lessor, Neither Supplier nor its recresentatives can waive, vary or alter any of the Terms <br />and Conditions. .....or doe. not walTlDlt merchantability of fItnes. for any particular un of equ pment and disclaims any other warranty, expr..., <br />Implied or .tatutory. Lease payments will be due despite dissatisfaction with equipment for any reason. <br />SCHEDULE OF PAYMENTS PAYABLE AT THE SIGNING OF LEASE <br />DURING ORIGINAL TERM OF LEASE $ ~ <br />CHECK ONE <br />o $ FI ST & LAST MONTH'S RENT <br />NUMBER OF MONTHS (,0 MONTHLY PAYMENT $ Z S1J . ~ Rx 0 $ , SECURllY DEPOSIT <br /> <br />TERMS AND CONDITIONS <br />1. LEASE TERM: RENTAL: Lessor hereby leases to Lessee and Lessee hereby rents from Lessor the equipment described above and on any attached schedule (hereinafter, with all <br />replacement parts, repairs, additions and accessories incorporated therein lIfldTor affixed thereto, referred to as the "Equipment"), on terms and conditions set forth above and below <br />and continued on the reverse side hereof; for the tenn indicated above, or on ~ schedule, commencing on \he date (\he "Commencement Date1 that BOY item of Equipment is deliv- <br />ered by the supplier thereof, (each SUDDIler hereinafter referred to as "Supplier"), to Lessee or an agent of the Lessee, and continuing thereafter until the obligations of Lessee under <br />the Lease have been fullv perfonned. When you receive the Equipment, you agree to inspect it and to verify by telephone such information as we may require or, at our request, send <br />us a written certificate of acceptance or other 8Yidence of acceptence. Unless othBlWise provided herein, the first monthly payment of rent shall be payable on the Commencement <br />Date, and subsequent monthly payments shall be payable on the corresponding day of each month \hereafter, in amounts stated above, or on any schedule, until the total rent and all <br />other obligations of Lessee to Lessor shall have been paid in full. All payments of rent shall be made to the Lessor at its address or at such other place as Lessor may designate in <br />writing. Lessee hereby authorizes Lessor to insert in this lease the serial numbers and other identification data of the Equipment, when detennined by Lessor, and dates or other omit- <br />ted factual matters. Advance rentals are not refundable if for any reason the lease tenn does not commence. Any security deposit shall be held by Lessor to secure the Lessee's faith. <br />ful performance of its obligations under \he Lease and will be retumed to lessee without interest at the satisfactory expiretion of the Lease. To the extent permitted by law, we may <br />charge you a lee of up to $50.00 to cover our documentation and investigation costs. <br />2. PURCHASE AND ACCEPTANCE: NO WARRANTIES BY LESSOR: Lessee request Lessor to purchase the Equipment from the Supplier and arrange for delivery to Lessee at <br />Lessee's expense, which shall be deemed complete upon the Commencement Date. Lessor shall have no responsibility for delay of failure of Supplier to fill the on:Ier for the Equipment. <br />LESSEE ACKNOWlEDGES AND AGREES THAT LESSOR HAS MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OF NATURE, DIRECTlY OR INDI. <br />RECn.y, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INClUDING THE SUITABIUTY OF SUCH EQUIPMENT, ITS DURABILITY, ITS FITNESS FOR ANY PAR. <br />TICUlAR PURPOSE, ITS MERCHANTABIUTY,ITS CONDITION AND/OR ITS QUALITY, AND AS BETWEEN LESSEE AND LESSOR, LESSEE LEASES THE EQUIPMENT "AS IS: <br />LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIREcn.y BY ANY EQUIPMENT <br />LEASED HEREUNDER OR THE USE OR MAINTENANCE THEREOF OR THE FAILURE OF OPERATION THEREOF, OR THE REPAIRS, SERVICE OR ADJUSTMENT THERETO, <br />OR BY ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEREOF OR FOR ANY LOSS OF BUSINESS OR <br />DAMAGE OR CONSEQUENTIAL DAMAGES WHATSOEVER AND HOWSOEVER CAUSED. NO REPRESENTATION OR WARRANlY AS TO THE EQUIPMENT OR ANY OTHER <br />MATTER BY THE SUPPLIER SHALL BE BINDING ON LESSOR, NOR SHALL THE BREACH OF SUCH RELIEVE LESSEE OF, OR IN ANY WAY AFFECT ANY OF LESSEE'S OBLIG. <br />ATIONS TO LESSOR AS SET FORTH HEREIN. LESSOR DISCLAIMS AND SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPER. <br />TY CAUSED BY THE EQUIPMENT HOWEVER ARISING. <br />3. STATUTORY FINANCE lEASE: Lessee agrees and acknowledges that it is the intent of both parties to this Lease that it qualify as a statutory finance lease under Article 2A of the <br />Unifonn Commercial Code. Lessee acknowledges and agrees that Lessee has selected both: (1) the equipment; and (2)the supplier from whom the Lessor is to purchase the equip- <br />ment. Lessee acknowledges that Lessor has not participated in any way in Lesee's selection of the equipment or of the supplier, and Lessor has not selected, manufaclured, or sup- <br />plied the Equipment. Lessee is advised that it may have rights under the contract evidencing the Lessor's purchase of the equipment from the supplier chosen by Lessee and that <br />Lessee should contact the supplier of the equipment for a description of any such rights. To the extent you are pennitted by applicable law, you waive all right and remedies conferred <br />upon a lessee by Article 2A (sections 508-522) of the Unitonn Commercial Code inclUding, but not limited to your rights to: (a) cancel or repudiate the Lease; (Il) reject or revoke accep- <br />tance of the Equipment; ec) recover damages from us for any breach of warranty or for any other reason, and (d) grant a security interest in any Equipment 11 your possession. <br />4. LESSOR TERMINATION BEFORE EQUIPMENT ACCEPTANCE: " within 60 days from the date the lessor orders the E ulpment, same has not been delivered, installed and accept- <br />ed by Lessee On fonn satisfactory to lessor) Lessor may, on 10 days written notice to Lessee, tenninate this Lease and its tion to lessee. S REVERSE SIDE FOR ADDITIONAL <br />TERMs AND CONDITIONS WHICH ARE A PART OF THIS LEASE" THIS IS A NON-CANCELlABLE LEASE FOR TH M INDICATED E <br /> <br />Accepted in Florida <br />LESSOR TOS <br /> <br />/~ <br />,S--"r? <br /> <br />By <br /> <br /> <br /> <br />Date <br /> <br />PERSONAL GUARANTY <br />To induce Lessor to enter Into the within Lease, the mdersigned uncordtIonaIIy guarantees to Lessor the JlIOI1IPl payment when due to d of Lessee's obligations to Lessor lIlder the Lease. <br />Lessor shall not be required to proceed against Lessee or the EquipmenI or enforce any other remedy before prOc8eding against the undersigned. The undersignecI agllBS to pay II alIorney's <br />fees and other expenses ilculTed by Lessor by reason of delaun by Lessee or the undeIsigned. The lIIdersigned waives nollce 0/ accepIance hereof and of aD o.ther notices or dem8ncIs 0/ any <br />kind to which the l.I1derslgned may be entilIed. The \Ildersigned COI1lIlI!1lS to any extensions or modification grallled to Jessee and the release andfor compromise of any obIgatIon& 0/ Lessee or <br />any other oblIgoIs and guarantOfli withoulln any way releasing the lRIersigned from his or her obligations helU1der. The obligations of the \Ildersignedshal continue evvn if Lessee becomes <br />insolvent or bankrupt or 15 IIscharged lnlm bankruptcy and wa agree not to seek to be repaid by Lessee in the event we must pay Lessor. This Is a continIing Guaranty and shall not be cIscharged <br />or affected by death 0/ the uncIersigned, shall bind the heirs, admlnIstratOfli, representatives, SUCC8SSOIS and assigns of \Ildersigned, and may be enforced by or for the benefit of any assignee <br />or successor of Lessor. The undersigned consents to the jurtscldlon of the federal or slate courts located In Broward Coooty, FlOrida, wtth respect to any action hereunder and waive Insolar as <br />permitted by law any trial by jury for any adlon between the parties. <br /> <br />X <br />WITNESS SIGNATURE <br /> <br />DATED <br /> <br />X <br />PERSONAL GUARANTOR SIGNATURE <br /> <br />DATED <br /> <br />DATED <br /> <br />X <br />PERSONAL GUARANTOR SIGNATURE <br /> <br />DATED <br />