|
FRANCOTYP-POSTALIA
<br />Lease Agreement
<br />Lease Program Administered By:
<br />GreatAmerica Leasing Corporation(R) LESSOR
<br />625 First Street SE, Cedar Rapids, IA 52401
<br />PO Box 6D9, Cedar Rapids, IA 52406-0609
<br />Lease No.
<br />X l.fd
<br />.vooress ? , UitY { State
<br />ZiP ?C/oGnty
<br />{i)? /
<br />(_?Ut•' j?'Cl^ (..?'`?.., hJC? `T??/?' 37
<br />VENDOR (vendor is not GreatAmerica's Agent nor is Vendor authorized to waive or alter any terms of mis Lease) ?QUWPMENT LOCATION (ii other tfian above) .-/
<br />Automation Mailin & Shi in
<br />TERMS AND CONDlTlONS • PLEASE READ CAREFULLY BEFORE SIGNING
<br />DESCRIPTION OF EQUIPMENT LEASED - See attached schedule for additional e ui ment
<br />Quantity Type, Make. Model Number and /include cessories - - ? Serial #
<br />lj.,?7 ..Y???? ?L??) ,?"J??''''._-f.,? ?
<br />'?::?w?Lk:... ` .?i' ? ' ?/ ?. ' i. ?C-vc.rt? /.??,?? - _--
<br />yLi?,?.c/? LK?' ?. .
<br />r• 6 ,
<br />r * • ?J
<br />TERM MONTHLY RENTAL PAYMENTSlS OF $ 3 p us tax)
<br />L, followed by
<br />MONTHLY RENTAL PAYMENTSIS OF $?n?? ?}(plus tax) SECURITY DEPOSIT $?
<br />PURCHASE OPTION: (CHECK ONE) CaFAIR MARKET VALUE ?$1.00 or ? OTHER ( % of equipment cost)
<br />LEASE AGREEMENT AND FEES: You (the Lessee speciFied
<br />above) wartt to acquire the above Equipment fion Vendor. You
<br />want Us, GreatAmerica Leasing Corporation, to buy the Equipment
<br />and theh lease it to You. This Lease AgreemeM (this Lease) will
<br />begin on the date the Equipment is delivered to You (or any later
<br />date We designate). We may charge Yau a reasonable fee to
<br />cover documentation and investigation costs. This Lease is NON-
<br />CANCELLABLE FOR THE ENTIRE LEASE TERM. YOU
<br />UNDERSTAND THAT WE ARE BUYING THE BQUIPMENT
<br />BASED ON YOUR UNCONDITIONAL ACCEPTANCE OF THE
<br />EQUIPMENT AND YOUR PROMISE TO PAY US UNDER THE
<br />TERMS OF THIS LEASE, WITHOUT SET-0FFS, EVEN IF THE
<br />EQUIPMENT DOES NOT WORK PROPERLY OR IS DAMAGED
<br />FOR ANY REASON, INCLUDINCa REASONS THAT ARE NOT
<br />YOUR FAULT. if any amourrt payable to Us is rwt paid when due,
<br />You will pay Us a"late charge" equal to: 1) the g2ater of ten (10)
<br />cents for each dotlar overdue or ivuerriy-six dollars ($26.00); or 2)
<br />° highest lawful charge, whichever is less.
<br />OSTAGE METER: According to the reguiations of the United
<br />States Postal Service, postage meteYS can only 6e rented and shall
<br />at all times remain the property of Postalia, Inc, ("Postaiia°). Arry
<br />postage meter(s) provided to You in connectan with the Lease (the
<br />"Postage Meter") is not part of the Equipment under this Lease and
<br />is instead govemed by Postalia's Meter Rental Agreement
<br />belween You and Postalia ("Rental Agreement"). You agree that
<br />ihe Rental Agreement wili remain irt effed for the fuA period of this
<br />Lease. At the end of the Lease, You may elect to rent the Postage
<br />Meter at the then curtent rafe or reNm the meter to Postaka or fts
<br />authorized dealer. If you elect to continue reMing, paymeMs wiil be
<br />made directy to Postalia.
<br />NO WARRANTY: We are leasing the Equipment to You AS IS.
<br />We do not manufadure the Equipment and are not relatetl to the
<br />Vendor. You selected the Equipmerri and ihe Vendor, based on
<br />your own judgment. You may corrtact the Vendor tor a statement oi
<br />the warranties, if any, that the Vendor or manufacturer is providing.
<br />We hereby assgn to You the warranties given to Us, 'rf any. WE
<br />MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
<br />WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
<br />PARTICULAR PURPOSE, IN CONNECTION WITH THIS
<br />LEASE. You agree to serile any dispute You may have regarding
<br />pertormance of the Equipmerri diredly with the manufacturer or
<br />Veodor.
<br />EQUIPMENT USE AND REPAIR: The Equipmeni shEgl be used
<br />fw business purposes only and the risk of non-compliance wilh any
<br />applicable laws is Yours. Yqu shall keep the Equipment in good
<br />working order and rtot move ft without Our written
<br />acknowledgment. Except for normal wear and iear, You are
<br />responsible for any damage or loss to the Equipment. We are nat
<br />responsible for, and You will indemnify Us against, any claims,
<br />or connected with a (JefeQ in, or the use, possessron or
<br />existence of, the Equipment IN NO HVENT SHALL WE BE
<br />RESPONSIBLE FOR ANY CONSEQUENTIAL OR INDIRECT
<br />DAMAGES.
<br />END OF TERM: If You fail to 1) retum the Equipment to Us
<br />in average saleable condition ("ASC") to a location specHied
<br />by Us at the end of the Lease tertn (or any renewal term);
<br />2) timely pay the purchase option; or 3) provide Us wriiten
<br />notice at least 60 days before the expiretion of the term or
<br />renewal term, then this Lease wilt renew on the same terms
<br />on a monthly basis. "ASC" means the Equipment is
<br />immediately available for use by another without need of
<br />repair. You will reimburse Us for repair costs. If You are not
<br />in defauR at the end of the Lease term, You may purchase
<br />ihe Equipment from Us "WHERE IS, AS IS' for the opiion
<br />price indicated above, H any, and any security deposit
<br />(which may be commirtgled with Our other assets) will be
<br />refunded without interest. You may not pay off this Lease
<br />and retum the Equipment prior to the end of the Lease term
<br />without Our consent and We may charge You, in addition to
<br />the other amounts owed, an early termination fee equal to
<br />frve percerrt (5%) of the amourrt We paid for the Equipmerrt.
<br />OWNERSHIP. TITLE AND UCC's: Except for any soRware
<br />covered by this Lease the °SoRware", We are the owner of the
<br />Equipment and have title to R. Yai appoirri Us as attomey-indact
<br />m execute and file on your behalf, and at your cost, Unifortn
<br />Commercial CaJe (UCC) fmanang statemeM(s) to show our
<br />irtterest in the Equipment.
<br />SOFTWARE: We do not have title to the Software. We are not
<br />responsible for the Software or the obiigations owed by eiher
<br />You or the licensor under any License Agreement for the
<br />Sofiware. K You property exerase the purc;hase opfion, i( any,
<br />for the Equipment, You understand thffi We do no4 own the
<br />Software and cannot transFer it to You. Except as provided 'm
<br />this paragraph, all references to "EquipmenY" in this Lease
<br />indudes the SoRware.
<br />INSURANCE: You agree: (a) io keep the Equipment fuly
<br />insured against loss at ds replacemerrt cost, with Us named as
<br />loss payee; (b) to maintain cbmprehensive pubGC liabilily
<br />insurence acceptable to Us; (c) to provide proof of insurance
<br />satisfactory to Us no later than Ihirty (30) days folbwing the
<br />commencement oi this Lease, and thereafter upon Our wriiten
<br />request; (d) it You fail to obtain and maintain property bss
<br />insurance satisfadory to Us andlor You fail to pmvide proof of
<br />such insurance to Us within ihirty (30) tlays of the
<br />commencemert of the Lease, We have the option, but not the
<br />obligation, to secure property ioss insurance on the Equipment
<br />from a carrier af Our choosing in such forms and amounts as
<br />We deem reasonable to protect Our iMeresls; (e) if We
<br />place insurance on the Equipment, We wiA na name You as an
<br />THIS LEASE IS NOT BINDING ON US UNTIL WE SIGN BELOW.
<br />LESSOR: GreatAmerica Leasing Corporation
<br />(Signature)
<br />Print Name &'
<br />Date Accepted:
<br />insured and Yaar interests may rrot be fulty proteded; (f) if We secure
<br />insurance on the Equiprnerd, You will pay Us an amount for the
<br />premuum which may be higher than the premium that You owuld pay
<br />iF You placed the insurance independentty and may resutt in a profd to
<br />Us through an investmerd in reinsurance. Any insurance proceeds
<br />....,..ivetl will be appHed, at Our oplion, (i) to repair, restore or replace the
<br />Equiprnerrt, or (x) to pay Us Uie remaining balance of the Lease pius
<br />Our esfimateJ residual value, both discouMed at 6% per year.
<br />TAXES: You agree thal You will pay when due all taxes relating to
<br />this Lease and the Equipment. If this Lease inciudes a$1 purchase
<br />option, You agree to file any required personal property tax retums.
<br />DEFAULT: H You do not pay any sum by its due daYe, or You breach
<br />any other tertn of this Lease or any other agreement with Us, then
<br />You will be in defauft of this Lease. ff You defauR, We may require
<br />that You pay 1) all past due amounts under this Lease, and 2) all
<br />Tillure amairds wued for the unexpired tertn, discounted af the rate of
<br />6% per annum. Upon a defaull, We may also choose to repossess
<br />the Equipment. IF We do not choose to repossess ttie Equipmerrt,
<br />You w1A also pay to Us our booked residual value for the Equipment.
<br />We can also use any and all remedies availabie to Us under the UCC
<br />or any other law. You agree to pay a!i the costs and eacpenses,
<br />induding attomeys fees, We incur in any dispute relffied to this
<br />Lease or the Equipment. You also agree to pay iMerest on a!l past
<br />due amounts, fiom the due date uMil paid, at the lower of one and
<br />one-haM percent (1.5%) per morrth or the highest lawful rate.
<br />ASSIGNMENT: You have no right to sell, assign or sublease the
<br />Equiprwt or this Lease. WE MAY SELL OR ASSIGN THIS LEASE
<br />OR OUR RIGHTS IN 7HE EQUIPMENT, IN WHOLE OR IN PART,
<br />TO A THIRD PARTY WITHOUT NOTICE TO YOU. YOU AGREE
<br />THA7 IF WE SELL pR ASSIGN AN INTEREST IN THIS LEASE,
<br />THE ASSIGNEE WILL HAVE OUR RIGHTS, BUT WILL NOT
<br />HAVE OUR OBtIGATIONS AND WILL NOT BE SUSJECT TO
<br />ANY CLAIM, DEFENSE OR SETAFF THAT YOU COULD
<br />ASSERT AGAINST US OR ANY OTHER PARTY.
<br />WANER OF ARTICLE 2A RIGHTS: You agree that this Lease is a
<br />'Ynance lease" as that tertn is defined in Article ZA of the UCC. You
<br />hereby agree to waive any and all rights and remedies graMed to
<br />You by Sections 2A-508 through 2A-522 of the UCC, including ihe
<br />right to reject or revoke acceptance of the Equipment.
<br />MISCELLANEOUS: You agree that this Lease is the entire
<br />agreement between You and Us regarding the lease of the
<br />Equipment and supersedes any purchase order You issue. Any
<br />change must be in writing and signed by each party. We may accept
<br />a facsimiie copy af this Lease as an originai. ANY CLAIM RELATED
<br />TO THiS LEASE WILL BE GOVERNEp BY IOWA LAW AND
<br />WILL BE ADJUDICATED IN A STATE OR FEDERAL COURT
<br />LOCATED IN CEDAR RAPIDS, IOWA. YOU HEREBY CONSEN7
<br />TO PERSONAL JURISDICTION AND VENUE IN SUCH COURT
<br />AND WANE ANY RIGHT TO TRANSFER VENUE. EACH PARTY
<br />WAIVES ANY RIGHT TO A TRIAL BY JURY.
<br />THIS LEASE IS NONCANCELLABLE FOR THE FULL LEASE TERM.
<br />LESSEE: (As Stated Above)
<br />(S'rgnature)
<br />Print Name & Title:
<br />Date:
<br />UNCONDITIONAL GUARANTY
<br />'he undersigned, jointiy and severally if more than one, unconditionally guarantee(s) that the Lessee will timely pertorm all obligations under the above Lease. The undersigned also
<br />vvaive(s) any notification if the Lessee is in default and consent(s) to any extensions or modifications granted to the Lessee. In the event ot default, the undersigned will immediately
<br />pay all sums due under the terms of the Lease without requiring Lessor to proceed against Lessee, any other party or the Equipment The undersigned consents to personal
<br />jurisdiction, venue, choice of law and jury trial waiver as stated in the Lease and agrees to pay all costs and expenses, including attomey's fees, incurred by Lessor related to this
<br />guaranty and the Lease.
<br />Individually
<br />Individually
<br />nn?)47-FP01m Sv n507
|