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<br />Lease /'lgreement Lease Program Administered By:
<br />GreatAmerica Leasing CorporationG. LESSOR
<br />625 First Street SE, Cedar Rapids, IA 52401
<br />PO Box 609, Cedar Rapids, IA 52406-0609
<br />- ..?-„T.,o o.,-1 .,, Lease No.
<br />LESSEE (hereinafter referred to as "You" or "YOUr")
<br />Full Legal Neme il ? (- I ? ?--? r7? / ,, ? ?.
<br />Address ,-I City State / , Zip / • CoGnty ?
<br />C, ! %L ?;?C I ? r : ?,?--- I_ rv. ,1, if)lllf 1-1 J L u
<br />VENDOR (vendor is not GreatAmerica's Agent nor is Vendor aumorized to waive or alter any terms of ehis Lease) EQUIPMENT LOCATION (if other tfian above)
<br />Automation Mailin & Shi in
<br />TERMS AND CONDITIONS • 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 inplud,gd 9ccessories Serial #
<br />TERM MONTHLY RENTAL PAYMENTS/S OF $ l?^^?,r[[D?us tax)
<br />followed by ? c ?
<br />MONTHLY RENTAL PAYMENTS/S OF $???(plus tax) SECURITY DEPOSIT $`
<br />PURCHASE OPTION: (CHECK ONE) 'JaFAIR MARKET VALUE [:] $1.00 or ? OTHER ( % of equipment cost)
<br />LEASE AGREEMENT AND FEES: You (the Lessee speciFied
<br />above) want to acquire the above Equiprrrent from Vendor. You
<br />want Us, GreaWmerica Leasing Corporation, to buy the Equipment
<br />and then lease it to You. This Lease Agreercient (this Lease) will
<br />begin on the date the Equipmerrt is delivered to You (w any later
<br />date We designate). We may chaige You a reasonable fee to
<br />cover documentatian and investigation costs. This Lease is NON-
<br />CANCELLABLE FOR THE ENTIRE LEASE TERM. YOU
<br />UNDERSTAND THAT WE ARE BUYING THE EQUIPMENT
<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-OFFS, EVEN IF THE
<br />EQUIPMENT DOES NOT WORK PROPERLY OR IS DAMAGED
<br />FOR ANY REASON, INCLUDING REASONS THAT ARE NOT
<br />YOUR FAULT. If any amount payable to Us is not paid when due,
<br />You will pay Us a"Iate charge° equal to: 1) the greater afi ten (10)
<br />cerris for each dollar overdue or twenty-suc dollars ($26.00); or 2)
<br />the highest lawful charge, whichever is less.
<br />POSTAGE METER: Acaording to the regulations of the United
<br />States Postal Service, postage meters can only be reMed and shali
<br />at ali times remain the properly of Postalia, Inc. ("POStalia"). My
<br />postage meter(s) provided to You in connection with the Lease (the
<br />"Postage Meten is not part of the Equipment under ihis Lease and
<br />is instead govemed by Postalia's Meter Rental Agreement
<br />belween You and Postalia ("Rental AgreemeM"). You agree that
<br />the Rental Agreement will remain in effect for the Tuli period of this
<br />Lease. At the end of the Lease, You may elect to rent the Postage
<br />Meter at the then cument rate or retum the meter to Postalia or its
<br />authorized dealer. If you elect to continue reriting, payments wiN be
<br />made directy to Postalia.
<br />NO WARRANTY: We are leasing the Equipmerrt to You AS IS.
<br />We do not manufadure the Equipment and are nM relffied to the
<br />Vendor. You selected the Equipmerit and the Vendor, based on
<br />your own judgment. You may contact the Vendor for a statemeM of
<br />the warraMies, 'rf any, that the Vendor or manufactu2r is providing.
<br />We hereby assign to You the warranties givw 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 settle any dispute You may have regarcJing
<br />pertormance oF the Equipment direcily with the manulacturer or
<br />Vendor.
<br />EQUIPMEN7 USE AND REPAIR: The Equipment shall be used
<br />for business purposes only and the risk of noncanpliance with any
<br />applicable laws is Yours. You shall keep the Equipment in good
<br />working order and not move R without Our wrilten
<br />acknowledgment. Except for nortnal wear and tear, You are
<br />responsible for any damage w lass to the Equipment. We are not
<br />responsible for, and You will indemnify Us against, any Gaims,
<br />a connecled with a defect in, or the use, possession or
<br />existence of, the Equipment. IN NO EVEN7 SHAIL 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 condRion ("ASC") to a location specified
<br />by Us at the end of the Lease term (or any renewal term);
<br />2) timely pay the purchase option; or 3) provide Us written
<br />notice at least 60 days before the expiration W the term or
<br />renewal term, then this Lease wili 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 tertn, You may purchase
<br />the Equipment from Us "WHERE IS, AS IS" for the option
<br />price indicated above, 'rf any, and any security deposft
<br />(which may be commingled with Our other assets) will be
<br />refunded without interest. You may not pay otf 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 addftion to
<br />the other amounts owed, an early termination fee equal to
<br />five percent (5%) of the amourrt We paid for the Equipment.
<br />OWNERSHIP. TITLE AND UCC's: Except for any software
<br />covered by ttiis Laese the "SoNwere", We are the oHmer of the
<br />EquipmeM and have title to it. You appoiM Us as attomey-in-fad
<br />to execute and file on your behalF, and ffi your cost, Unifam
<br />Commeraal CaJe (UCC) fmanang statemerd(s) to show our
<br />interest in the Equiprr-ent.
<br />SOFTWARE: We do not have title to the Software. We are not
<br />responsible fa the Soflware or the obfigatbns awed by either
<br />Ya or the licensor under any License Agreement for riie
<br />SoRware. If You properiy exercise the purchase optbn, 'rf any,
<br />for the Equipment, You understand that We do not own the
<br />SolMrare and csnnot transfer it to You. Except as provided 'm
<br />this paagraph, all references to "EquiprtwC in this Lease
<br />inGudes the Software.
<br />INSURANCE: You agree: (a) to keep the Equipment fuly
<br />insured against loss at its replacertieerrt cost, wiTh Us named as
<br />bss payee; (b) to maintain cornprehensive pubhc liabiliry
<br />insurance acceptable to Us; (c) to provide proof of insurence
<br />satisiactory to Us no later than thirty (30) days folbwmg the
<br />commencemerri of this Lease, and thereaRer upon Our written
<br />request; (d) if You fail to obtain and maintain property bss
<br />insurance satisfadory to Us andlor You fail to provide proof of
<br />such insurance to Us within thiily (30) days of the
<br />commencemeM of the Lease, We have the option, but not the
<br />obligation, to secure property bss insurance on the EquipmeM
<br />from a cartier of Our choosing in such fortns and amounts as
<br />We deem reasonable to proteQ Our iMerests; (e) 'rf We
<br />olarE nsurance on the Eauioment We wdl rrot narne You as an
<br />insured arid Your iMerests may not be fully protected; (? iF We secure
<br />insurance on the Equipment, You will pay Us an amount for the
<br />pemium which may be higher ihan the pemitxn that You would pay
<br />iF You pfaoed the insurance hdependerrty and may resuft in a prdd to
<br />Us tFxagh an nvestmerrt in reinsurance. My insurence proceeds
<br />received will be applied, at Our option, (i) to repair, restore or replace the
<br />Equiprreent, or (o) to pay Us the remaining baiance of the Lease plus
<br />Our e.stirriaRed residual value, both disownted aa 6% per year.
<br />TAX : You agree that You will pay when due ali taxes relating to
<br />this Lease and the Equipment. If this Lease inGudes a$1 purchase
<br />option, You agree to file any required personal property tax retums.
<br />DEFAULT: If You do rwt pay any sum by its due date, or You breach
<br />any dher term of this Lease or any other agreement with Us, then
<br />You will be in defautt of this Lease. If You defauR, We may require
<br />that You pay 1) all past due amounts under this Lease, and 2) all
<br />future amourrts owed for the unexpired term, discourrted at the rate of
<br />6% per annum. Upon a defautt, We may also choose to repossess
<br />the Equipment. If We do not choose w repossess the Equipmerri,
<br />You will also pay to Us our booked residual value for the Equipment.
<br />We can also use any and all remedies available to Us under the UCC
<br />or any oRher law. You agree to pay all the costs and expenses,
<br />induding attomeys fees, We incur in any dispule relaled to this
<br />Lease or the Equipment. You also agree to pay interest on all past
<br />due arnounts, from the due date urriil paid, at the la"r of one and
<br />one-haff perc:ent (1.5%) per month or the highest lavuful rate.
<br />ASSIGNMENT: You have no rgM to seli, assign or sublease the
<br />Equiprriant or this Lease. WE MAY SELL OR ASSIGN THIS LEASE
<br />OR OUR RIGHTS IN THE EQUIPMENT, IN WHOLE OR IN PART,
<br />TO A THIRD PARTY WITHOUT NOTICE TO YOU. YOU AGREE
<br />THAT IF WE SELL OR ASSIGN AN INTEREST IN THIS LEASE,
<br />THE ASSIGNEE WILL HAVE OUR RIGHTS, BUT WILL NOT
<br />HAVE OUR OBLIGATIONS AND WILL NOT BE SUBJECT TO
<br />ANY CLAIM, DEFENSE OR SET-0FF 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 />'Ymance lease" as that tertn is defined in ArtiGe 2A of the UCC. You
<br />hereby agree to waive any and all rights and remedies grarrted to
<br />You by Sections 2A-508 through 2A-522 of the UCC, inGuding the
<br />rigM to reject or revoke acceptance of the Equipment.
<br />MISCELlANEOUS: You agree that this Lease is the entire
<br />agneement belween You and Us regarding tlie 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 facsimile copy of this Lease as an original. ANY CLAIM RELATED
<br />TO THIS LEASE WILL BE GOVERNED BY IOWA LAW AND
<br />WILL BE ADJUDICATED IN A STATE OR FEDERAL COURT
<br />LOCATED IN CEDAR RAPIDS, IOWA. YOU HEREBY CONSENT
<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 NOT BINDING ON US UNTIL WE SIGN BELOW. THiS LEASE IS NONCANABLE FOR THE FULL LEASE TERM.
<br />LESSOR: GreatAmerica Leasing Corporation LESS ? Stat Abje
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<br />gy: Date Accepted: Date: _
<br />(Signature) (Signature)
<br />Print Name & Title: Print Name & Title:
<br />UNCONDITIONAL GUARANTY
<br />The undersigned, jointly and severally if more than one, unconditionally guarantee(s) that the Lessee will timely perform all obligations under the above Lease. The undersigned also
<br />waive(s) any notification if the Lessee is in default and consent(s) to any extensions or modifications granted to the Lessee. In the event of 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 attorney's fees, incurred by Lessor related to this
<br />guaranty and the Lease.
<br />Individually
<br />Individually
<br />003247-FPOSOISV 0507
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