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BANC OF AMERICA LEASING & CAPITAL LLC - EQUIP LEASE AGMT 2005
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BANC OF AMERICA LEASING & CAPITAL LLC - EQUIP LEASE AGMT 2005
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6/27/2014 12:05:04 PM
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LONG TERM AGREEMENTS
LONG TERM AGREEMENTS - DOCUMENT DATE
4/21/2005
LONG TERM AGREEMENTS - NAME
BANC OF AMERICA LEASING & CAPITAL LLC
LONG TERM AGREEMENTS - TYPE
MISC AGMT
LONG TERM AGREEMENTS - RECORD SERIES
704-06 (Long Term Agreements)
LONG TERM AGREEMENTS - DESTRUCTION DATE
PERMANENT
LONG TERM AGREEMENTS - NOTES
CALLIPPE
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ARTICLE VII <br /> Section 7.01. Liens, Taxes, Other Governmental Charges and Utility Charges. <br /> Lessee shall keep the Equipment free of all levies, liens, and encumbrances except those <br /> created by each Lease. The parties to this Agreement contemplate that the Equipment will <br /> be used for a governmental or proprietary purpose of Lessee and that the Equipment will <br /> therefore be exempt from all property taxes. if the use, possession or acquisition of any <br /> Equipment is nevertheless determined to be subject to taxation, Lessee shall pay when due <br /> all taxes and governmental charges lawfully assessed or levied against or with respect to <br /> such Equipment. Lessee shall pay all utility and other charges incurred in the use and <br /> maintenance of the Equipment. Lessee shall pay such taxes or charges as the same may <br /> become due; provided that, with respect to any such taxes or charges that may lawfully be <br /> paid in installments over a period of years, Lessee shall be obligated to pay only such <br /> installments as accrue during each Lease Term. <br /> Section 7.02. Insurance. Lessee shall during each Lease Term maintain or cause to <br /> be maintained (a) casualty insurance naming Lessor and its assigns as loss payee and <br /> insuring the Equipment against loss or damage by fire and all other risks covered by the <br /> standard extended coverage endorsement then in use in the State, and any other risks <br /> reasonably required by Lessor, in an amount at least equal to the then applicable Purchase <br /> Price of the Equipment; (b) liability insurance naming Lessor as additional insured that <br /> protects Lessor from liability in all events In form and amount satisfactory to Lessor; and <br /> (c) worker's compensation coverage as required by the laws of the State; provided that, <br /> with Lessor's prior written consent, Lessee may self-insure against the risks described in <br /> clause (a). Lessee shall furnish to Lessor evidence of such insurance or self-insurance <br /> coverage throughout each Lease Term. Lessee shall not cancel or modify such insurance or <br /> self-insurance coverage in any way that would affect the interests of Lessor without first <br /> giving written notice thereof to Lessor at least 30 days in advance of such cancellation or <br /> modification. Whether or not Lessee provides self-Insurance, Lessee hereby affirms that it <br /> assumes all risk of loss of, or damage to and liability related to injury or damage to <br /> persons or property arising from the Equipment from any cause whatsoever, and no such <br /> loss of or damage to or liability arising from the Equipment shall relieve Lessee of the <br /> obligation to make the Rental Payments or to perform any other obligation under this <br /> Lease. <br /> Section 7.03. Advances. In the event Lessee shall fail to keep the Equipment in <br /> good repair and working order, Lessor may, but shall be under no obligation to, maintain <br /> and repair the Equipment and pay the cost thereof. All amounts so advanced by Lessor <br /> shall constitute additional rent for the then current Original Term or Renewal Term and <br /> Lessee covenants and agrees to pay such amounts so advanced by Lessor with interest <br /> thereon from the due date until paid at the rate of 12% per annum or the maximum <br /> amount permitted by law, whichever is less. <br /> #219845v12(Gov't Entity Master Lease) 12 <br />
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