9. Indemnity. To the fullest extent permitted by law, Lessee(s) agree to indemnify Lessor and hold Lessor and Lessor’s successors and assignees, as the case may be, harmless and free from all liability, claims, losses, demands, damages of all kinds, expenses (including reasonable attorney’s fees and costs incurred for the enforcement of this agreement and/or for the collection of any due amount), fines and penalties Lessor suffers or incurs resulting from the operation, use, condition, maintenance or recovery of the Trailer. Lessee(s) agree to pay and hold Lessor harmless for all official fees and taxes relating to the titling, registration, testing or inspection of the Trailer during the Lease and to keep the Trailer free from all fines, liens and encumbrances.
10. THIS IS A TRUE LEASE, NOT A SALE. LESSORSHIP/SECURITY INTEREST: LESSOR OWNS AND RETAINS TITLE TO THE TRAILER UNLESS THE LESSEE(S) EXERCISES HIS/HER RIGHT TO OWN OPTION. As the Lessee(s) of the Trailer, LESSEE(S) ACQUIRE NO LESSORSHIP, WHETHER LEGAL OR EQUITABLE. To secure performance of Lessee(s) Obligations under this Lease, Lessor reserves a security interest in the entire Trailer, together with all accessories and additions, including replacements.
11. DEFINITION OF DEFAULT; OUR RIGHTS IN THE EVENT OF DEFAULT. A. Lessee(s) will be in “IMMEDIATE DEFAULT” if any of the following occurs: (1) LESSEE(S) DOES NOT KEEP IN FORCE THE INSURANCE COVERAGE THIS LEASE REQUIRES (see REQUIRED INSURANCE); (2) LESSEE(S) COMMENCE BANKRUPTCY, INSOLVENCY OR RECEIVERSHIP PROCEEDINGS OR ONE IS COMMENCED AGAINST LESSEE. Lessee(s) will be in “DEFAULT” if any of the following occurs: (3) Lessee(s) do not make Lessee(s) periodic payment on or before its due date; (4) any information in Lessee(s) application or that of a guarantor of this Lease is false or misleading , (5) Lessee(s) do not promptly or properly perform any promise or agreement under this Lease, including the following: (i), (ii) failure to properly maintain the Trailer, (iii) failure to repair the Trailer, and (iv) failure to register and license the Trailer; (6) the Trailer is lost, damaged, stolen, abandoned, confiscated by a governmental authority or subjected to undue peril and the event is not covered by insurance; or (7) Lessee(s) commits any other act that constitutes a default under applicable law or this Lease.
In the event of Default, Lessor may, at its option, after giving any mandatory notice: (1) allow the Lessee(s) to pay all Lessor’s costs and expenses in so doing immediately on Lessor’s demand; or (2) immediately terminate this Lease and do any or all of the following after giving due notice; (i) sue Lessee(s) for damages and to recover the Trailer; (ii) take the Trailer from Lessee(s) by any method or manner permitted by law (and if there is any personal property in the Trailer, Lessor will store it at the expense of Lessee(s) or dispose of it as required by applicable law); (iii) calculate Lessee(s) liability on an early termination basis, in which case Lessee(s) agree to pay immediately the amount of liability on our demand; (iv) forfeit the security reserve for costs incurred as set forth in Section 23 to the Lessor; (v) pursue any other remedy permitted by law.
If Lessor elects to terminate this Lease because Lessee(s) are in Default, Lessee(s) agree to pay Lessor any Lease payments that are already due to Lessor plus any other amounts owing under this Lease, whether as a result of the default or as otherwise provided or limited by applicable law.