Contract
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I | EQUIPMENT LEASE WiTH | OFF ION To PURCHASE: COMMERCIAL | ||||
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LESSOR: | AXIS CAPITAL INC 000 | X. 0XX XXXXXX | ||||
0 XX FLOOR DOWNTOWN CENTER |
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[~ | DESCRIPTLON/ QUANTITY/SERIAL NUMBER | |||||
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EQUIPMENT DESCRIPTION: (AND/OR AS DESCRIBED IN INVOICE(S) OR EQUIPMENT LIST AUACHED | ||||||
HERETO AND MADE A PART HEREOF COLLECTIVELY, THE "EQUIPMENr) | ||||||
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, EQUIPMENT LOCATION | SAME | |||||
SCHEDULE OF LEASE PAYMENTS DURING INITIAL TERM OF LEASE | ||||||
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INITIAL TERM | NUMBER OF PAYMENTS MONt}{LY LEASE PAYMENT | DOWN PAYMENT | ||||
48 | 48 | ~S1,448.17 | $1896.34 | |||
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I | MONTHS | APPLICABLE TAXES I CHARGES TO BE BILLED | FIRST I AND LAST 1 PAYMENT | |||
1j(uvI~Iur,a. | ||||||
\~LLSI~ \t'¼(.~ ~ ,~ | ||||||
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END OF LEASE PURCHASE OPTION | ||||||
CHECK ONE BOX. IF NO BOX IS CHECKED OR MORE THAN ONE BOX IS CHECKED, THE FAIR MARKET PURCHASE OPTION WILL APPL'c. ALL OPTIONS ARE PLUS APPLICABLE TAXES. AT OUR OPTION. | ||||||
THE SELECTED PURCHASE OPTION WILL BE VOID IF YOU ARE IN DEFAULT UNDER THIS LEASE AT ANY TIME DURING THE TERM HEREOF. |
X S 1.00 PURCHASE OPTION EQUIPMENT PRICE J 10% OF ORIGINAL ~ FMV
GUARANTY |
Each of the undersigned guarantors will benefit from the lease under this Agreement. For good and valuable consideration, each of the undersigned guarantors (and if more than one, jointly and se~eralIy) hereby guarantees the full payment and performance when due of all of Lessee's obligations under this Agreement. Each of the guarantors agrees to pay all reasonable attorney's fees, court costs and other expenses incurred by Lessor by reason of any default by Xxxxxx. This is an absolute and unconditional guaranty and shall not be discharged by the death, incompetency or dissolution of any guarantor or by any other circumstance whatsoever that might otherwise constitute a defense available to, or a discharge of. the Lessee or any guarantor or surety. This guaranty will continue to be etrective or reinstated, as applicable, if at any time payment of any part of the obligations under the Agreement is rescinded or otherwise required to be returned by'Lessor upon the insolvency, bankruptcy or reorganization of Lessee or upon the appointment of a receiver, trustee or similar officer for Lessee or its assets, all as if the payment to Lessor had not been made, regardless of whether Xxxxxx contested the order requiring return of the payment. Any amounts received by Lessor from whatever source may be S1GNATIJRE: 1applied by it in accordance with the Agreement toward the payment of the obligations under the Agreement; and notwithstanding any payments made by or to the account of xthe guarantors pursuant to this guaranty, the guarantors shall not be subrogated to any rights of the Lessor until this guaranty is discontinued as to all of the guarantors and the Lessor receives full payment and performance of all Lessee's obligations under the Agreement. THIS GUARAN1'Y AND
.4LL TRANSACTIONS UNDER THIS GUARANTY, AND ALL RIGHTS AND LIABILITIES OF EACH OF THE GUARANTORS, WILL BE DETERMINED AND GOVERNED AS TO VALIDITY, INTERPRETATION, ENFORCEMENT AND EFFECT BY THE INTERNAL LAWS OF THE STATE OF NEBRASKA. EACH OF THE GL'ARANTORS AGREES THAT ALL ACTIONS AND PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY FROM THIS GUARANTY MAY BE LITIGATED, AT THE LESSOR'S ELECTION, IN HALL COUNTY NEBRASKA AND EACH OF THE GUARANTORS AGREES THAT ANY STATE OR FEDERAL COURT LOCATED WITHIN THE STATE OF NEBRASKA SHALL HAVE PERSONAL JURISDICTION OVER EACH OF THEM. EACH OF THE GIJARANTORS AGREES THAT IF ANY ACTION IS BROUGHT TO ENFORCE THIS GUARANTY, HALL COUNTY NEBRASKA SHALL BE A PROPER PLACE FOR THE TRIAL EACH OF THE GUARANTORS WAIVES ITS RIGHT TO HAVE ANY PROCEEDINGS ARISING OUT OF OR RELtTING TO THIS GUARANTY TRIED BY JURY.
PRINTED | (AS AN~5~)~ | |||||||
DATE: | 12/17/2002 | NAME: | XXXXX XXXXXXXXXX | SIGNATURE: |
INDIVIDUAL) |
(ASAN INDIVIDUAL) |
PRINTED | ||
DATE: | NAME: |
DELIVERY & ACCEPTANCE ACKNOWLEDGEMENT
By executing and delivering this Delivery and Acceptance Acknowledgement, you certify that: (i) you have inspected and installed the Equipment and have determined that the Equipment is in good working condition; (ii) you have accepted the Equipment and instruct us to purchase the Equipment from the Supplier, (iii) your obligations to perform all of the terms and conditions under the Agreement have begun; and (iv) you will unconditionally and absolutely pay rent to us at the location and in the amount stated in the Agreement. Xxxxxx hereby accepts unconditionally and irrevocably the equipment and agrees
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that said Equipment has not been delivered, installed or accepted on a trial basis | ||||||||||||
LESSEE: | ||||||||||||
(Printed Name) | ||||||||||||
Date: | ||||||||||||
~) | 11'r\' /0)] /,~. (L._.~) | |||||||||||
Signature: | Title: PRESIDENT | |||||||||||
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tf~t~' ~ | - | LESSEE: | SP11~I~ MA~4~4E | , I? | ||||||||
LESSOR: | ||||||||||||
By: | AXIS CAPITAL, INC. | Signabue: | ~) ~ cJ' L4t~, | |||||||||
~ ~ Y'~ ("tC~ ~ | ||||||||||||
Name & Title: | XXXXX XXXXXXXXXX PLEASE PRINT | |||||||||||
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PRESIDENT | ||||||||||||
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Name & | N~'~ nclt S-~r~-'iy~ ~ | |||||||||||
Title: | ~'C'. | |||||||||||
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N,EASE !u1'4T | - | |||||||||||
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Date: | -,. | 12/17/2002 | ||||||||||
- .~.-) | Date: |
The terms |
a | conditions printed on the reverse side are made a part hereof. |
n | THIS IS A NON-CANCELABLE LEASE |
d | |
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except in writing and signed by us. Waiver by us of any provision hereof in one instance shall not constitute provisions of the Agreement shall remain in full force and effect unchanged. a waiver in any other instance. If any provision of this Agreement is deemed unenforceable. all other
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EQUIPMENT LEASE SCHEDULE A | ||
LEASE NUMBER | ||
~c~icA | ||
THIS SCHEDULE IS TO BE AUACHED TO AND BECOME PART OF EQUIPMENT LEASE DATE~~~ | ||
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LESSOR: | LESSEE: | |
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AXIS CAPITAL, INC | SPIRITS MANAGEMENT, iNC. | |
000 X 0XX XX, 1ST FLOOR DOWNTOWN CTR | 000 XXX XXXX XXXXXX - XXX X | |
GRAND ISLAND NE 68801 | HTINTINGTON NY 11743 | |
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EQUIPMENT VENDOR(S): | ||
DELL COMPUTERS | COMMUNICATION BILLING TECHNOLOGIE | |
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ONE DELL WAY | THREE PARK AVENUE, 26TH FLOOR | |
ROUND ROCK, TX 78682 | NEW YORK, NY 10016 | |
000-000-0000 | 000-000-0000 |
INNOVATIVE MAILING &
SHIPPING SYSTEMS
000 XXXXXXXX XX
HAUPPAUGE, NY 11788 631-435-1402
THIS SCHEDULE A IS ATTACHED TO AND A PART OF AXIS CAPITAL, INC. LEASE NUMBER____C.1 () 5' (DC7 CONSTITUTES A TRUE AND ACCURATE DESCRIPTION OF THE EQUIPMENT.
- AND
LESSEE: SP
By~ ~ iNC. Date:
BAR~Y BROOKSTE December 17, 2002
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ADDENDUM TO EQUIPMENT LEASE AGREEMENT
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EQUIPMENT: | :S,~ | |
~j~_~k_~ / | ||
AXIS | SEE EQUIPMENT LEASE AGREEMENT |
This Addendum to Equipment Lease Agreement ("Addendum") shall amend the Equipment Lease Agreement by and between Axis Capital, Inc. ("Lessor") and the above Lessee ("Lessee") with reference to the above lease transaction ("Lease"). All terms and conditions of the Lease not inconsistent with this Addendum shall be and remain in full force and effect.
This Addendum shall change the monthly lease payment to $1458.21 with tax and the down payment to $2,916.42 with tax.
A photocopy or t'acsimile of this Addendum will be legally admissible under the "best evidence rule." A signed copy of this Addendum sent by facsimile shall be treated as an original document and shall be admissible as evidence thereof, and all signatures thereon shall be binding as if manual signatures were personally delivered.
iN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Addendum and acknowledge receipt of a true copy hereof on the date(s) indicated below
3J"_e' ((LXIf j~
ACCEPTED BY: AXIS CAPITAL, INC. | LESsEE' SP T~ MA~4AGEMENT, INC. | |
Z_~CtJ~WrJ~L_~J~2~Y\ | By: | |
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Signature | Date |
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XXXXX XXXXXXXXXX SPIRITS MANAGEMENT, INC. 000 XXXXXXXXXXXXX -XXX X XXXXXXXXXX, XX 00000 |
Dear XXXXX, |
Axis Capital, Inc. would like to welcome you as a new customer and we would also like to thank you for the opportunity of doing business with you.
Your next payment will be due on February 20, 2003. We will be sending you an invoice each month along with a return envelope. Payments received in our office ten days after the due date will result in a late fee charged to you on your next monthly payment.
You are responsible for any property taxes on the lease equipment, if applicable, pursuant to the terms and conditions of the lease contract.
Enclosed you will find a copy of your lease contract for your records. If we can be of further assistance with any other equipment leasing, please don't hesitate to give us a call.
Thanks Again! |
ic~ ~IEy~L~~ Axis Capital, Inc. enclosure |
MEMBER | ||
= | ELA | |
AI7~MOTWE | ||
SERVICE | ||
ASSOcIA1~ON | ||
X.XxXXX MEMBER |