THIS EQUIPMENT LEASE (Lease) is made and effective {date}, by and between {lessor4} (Lessor), and Orlando Hackerspaces, Inc. (DBA FamiLAB) (Lessee).
WHEREAS Lessor desires to lease to Lessee, and Lessee desires to lease from Lessor, certain tangible personal property.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows:
Lease. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described equipment (Equipment):
{leasedItems}
Term. The term of this Lease shall commence on {leaseStart} and shall expire at a time in the future, when either party wishes to end the lease. (Mutual agreement is not necessary. Lease can be terminated by either the Lessor or the Lessee, independently.)
Rent and Deposit. The monthly rent for the Equipment shall be paid in advance in installments of one dollar ($1) each month, to begin on {leaseStart} and on the same day of each succeeding month throughout the term hereof. Payment shall be sent to Lessor at
{lessorAddress}
, or at such other place as Lessor may designate from time to time.
Lessee shall pay a deposit in the amount of one dollar ($1) prior to taking possession of the Equipment.
Use. Lessee shall allow any member of FamiLAB to use the equipment. No guarantee of functionality should be inferred from this agreement. Training requirements may be placed by the Lessee.
LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Repairs. The Lessee will not be required to keep the equipment functioning or working in any way.
Loss and Damage. Lessee is not liable for loss or damage in any way.
Surrender. Upon the expiration or earlier termination of this Lease, Lessor shall be responsible for the removal of the equipment from the premises in a reasonable amount of time, but no more than one week. Lessor is responsible for any financial obligations that are needed to move the equipment.
Insurance. No insurance against loss or damage will be required or maintained.
Taxes. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances. Lessee, or Lessor at Lessee's expense, shall report, pay and discharge when due all license and registration fees, assessments, sales, use and property taxes, gross receipts, taxes arising out of receipts from use or operation of the Equipment, together with any penalties or interest thereon, imposed by any state, federal or local government or any agency, or department thereof, whether or not the same shall be assessed against or in the name of Lessor or Lessee.
Indemnity. Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs, arising out of, connected with, or resulting from Lessee's use of the Equipment, including without limitation the manufacture, selection, delivery, possession, use, operation, or return of the Equipment.
Default. If Lessee fails to pay any rent or other amount herein provided within ten (10) days after the same is due and payable, or if Lessee fails to observe, keep or perform any other provision of this Lease required to be observed, kept or performed by Lessee, Lessor shall have the right to exercise any one or more of the following remedies:
To declare the entire amount of rent hereunder immediately due and payable without notice or demand to Lessee.
To sue for and recover all rents, and other payments, then accrued or thereafter accruing.
To take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. Lessee hereby waives any and all damages occasioned by such taking of possession.
To terminate this Lease.
To pursue any other remedy at law or in equity.
Notwithstanding any repossession or any other action which Lessor may take, Lessee shall be and remain liable for the full performance of all obligations on the part of the Lessee to be performed under this Lease. All of Lessor's remedies are cumulative, and may be exercised concurrently or separately.
Bankruptcy. Neither this Lease nor any interest therein is assignable or transferable by operation of law. If any proceeding under the Bankruptcy Act, as amended, is commenced by or against the Lessee, or if the Lessee is adjudged insolvent, or if Lessee makes any assignment for the benefit of his creditors, or if a writ of attachment or execution is levied on the Equipment and is not released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action to which the Lessee is a party with authority to take possession or control of the Equipment, Lessor shall have and may exercise the option to, without notice, immediately terminate the Lease. The Lease shall not be treated as an asset of Lessee after the exercise of said option.
Ownership. The Equipment is, and shall at all times be and remain, the sole and exclusive property of Lessor; and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease.
Additional Documents. If Lessor shall so request, Lessee shall execute and deliver to Lessor such documents as Lessor shall deem necessary or desirable for purposes of recording or filing to protect the interest of Lessor in the Equipment including, but not limited to a UCC financing statement.
Entire Agreement. This instrument constitutes the entire agreement between the parties on the subject matter hereof and it shall not be amended, altered or changed except by a further writing signed by the parties hereto.
Notices. Service of all notices under this Agreement shall be sufficient if given personally or by certified mail, return receipt requested, postage prepaid, at the address hereinafter set forth, or to such address as such party may provide in writing from time to time.
If to Lessor:
{lessorAddress}
If to Lessee:
FamiLAB, PO Box 522047, Longwood, FL, 32752
Assignment. Lessee shall not assign this Lease or its interest in the Equipment without the prior written consent of Lessor.
Governing Law. This Lease shall be construed and enforced according to laws of the State of Florida.
Headings. Headings used in this Lease are provided for convenience only and shall not be used to construe meaning or intent.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written.