LP RENT A FENCE, LLC. RENTAL AGREEMENT
1. Term. This Agreement will commence on the day fence is delivered to Lessee and will terminate upon removal or return of fence from Lessee in good condition. Contract termination date does not constitute automatic removal of equipment. Rental cycle (28 days) billing will automatically begin at the termination of the contract period and will continue until removal or return. It is the Lessee’s responsibility to schedule removal service or return of fence. Be advised all services require a three (3) days minimum lead time.
2. Billing. Lessee will be billed in advance for term of Agreement. No prorated credit will be issued.
3. No Warranty. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE CONDITION OR PERFORMANCE OF THE FENCE, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND LP RENT A FENCE LLC SHALL HAVE NO LIABILITY TO LESSEE FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND OR NATURE WHATSOEVER.
4. Repair and Maintenance. During this Agreement and at all times prior to LP Rent A Fence LLC’s removal of the fence, Lessee shall repair and maintain the fence and be solely responsible for such costs if the fence needs maintenance, repair, or Law Enforcement-relocation. LP Rent A Fence LLC may, but shall not be required to, enter onto any property where the fence is located and appropriately maintain, repair, or relocate the fence and charge Lessee any and all costs thereof. Force Majeure, Lessor will not be responsible for any failure in any performance due, without limitation, to acts of God, war, warlike conditions, blockade, embargoes, riots, governmental restriction, labor disturbances, unavailability of anticipated usual means of supplies, transportation or loading facilities, wrecks, epidemics, quarantine, fire, flood, earthquake, explosion, any unforeseen change in circumstances, or any other causes beyond its reasonable control.
5. Protection and Use. Lessee assumes all risk of loss, damage or destruction until the fence is returned to LP Rent A Fence LLC in full compliance with this Agreement. Lessee shall not (a) allow any lien, charge or encumbrance to be levied against the fence; (b) sell, dispose of, transfer, assign, pledge or relocate the fence; (c) allow others to take or assume possession of or control over the Fence or allow it to become affixed to any real property; (d) allow any alteration of or diminution to the fence; (e) obtain, pay for and maintain all necessary licenses, permits and permission for Lessee’s use of the fence. Lessee shall comply with all lawful laws, rules, regulations and orders of any authority having the power to regulate police or supervise the possession, use or maintenance of the fence.
6. Indemnity and Insurance. Lessee shall indemnify, defend, hold and save Lessor (and its officers, shareholders, directors, agents, employees, servants and independent contractors) harmless from all claims and expenses, including court costs and attorney’s fees for damages for injuries to persons or property which are related in any manner, directly or indirectly, to this lease or the fence regardless of whether the injury is caused in part by the negligence, including the gross negligence, of the Lessor or any other act or omission of the Lessor or its agents. Lessee shall purchase, at its own expense, liability insurance in an amount not less than one million dollars ($1,000,000), naming the Lessor as an additional insured. Such insurance shall be primary, and any insurance that Lessor may have or hereafter acquire shall be deemed secondary and excess coverage.
7. Default. Lessee shall be in default upon the happening of any of the following events: (a) Lessee’s failure to timely pay any rental payment or other amount provided for herein; (b) Lessee’s failure to satisfy any other provision of the Agreement within 5 days after written demand by LP Rent A Fence LLC, or (c) Lessee’s cessation of business as a going concern, assignment for the benefit of creditors; insolvency, bankruptcy, or admission of inability to pay debts.
8. Remedies. If Lessee defaults, LP Rent A Fence LLC may exercise any one or more of the following remedies. (a) recover the fence, wherever located, with or without demand, notice court order of other process of law, and recover all unpaid rents due hereunder up to the time of such repossession, plus liquidated damages in an amount equal to 50% of all rental which would have become due from the date of repossession to the end of the terms of this Lease, plus all other amounts due hereunder, and/or (b) pursue any other remedy at law or in equity, including the exercise of lien rights. All remedies available to LP Rent A Fence LLC shall be cumulative and exercisable separately or concurrently. Any suit to enforce this Agreement may be brought at any place where Lessee resides or does business, or at the place where the fence is or was located. Lessee hereby waives all objections to such jurisdiction and venue.
LESSEE MUST HAVE A CURRENT AUTOMATIC PAYMENT AUTHORIZATION OR CREDIT APPLICATION ON FILE WITH LP RENT A FENCE LLC