Neurodiagnostic Equipment Leasing Agreement - Free Download | Page 4
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Dwight Crane Ltd.
Equipment Lease Form DCR 309
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Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances caused by Lessee and shall
pay all license fees, registration fees, assessments, charges and taxes relating to Lessee’s use of the Equipment,
excluding, however, all taxes on or measured by Lessor's income.
17. LESSOR'S PAYMENT
In case of failure of Lessee to procure or maintain insurance or to pay fees, assessments, charges and taxes
required of Lessee hereunder, all as hereinbefore specified, Lessor shall have the right but shall not be obligated,
to effect such insurance or pay said fees, assessments, charges and taxes, as the case may be. In that event, the
cost thereof shall be repayable to Lessor with the next instalment of Rent, and failure to repay the same shall carry
with it the same consequences, including interest at l8% per annum, as failure to pay any instalment of Rent.
18. LESSOR'S WARRANTY
Lessor warrants that, at the time of delivery to the Lessee, the Equipment is in good repair and working condition
and suitable for the purpose as designed by the manufacturer and is in compliance with all applicable federal,
state, provincial and local laws, rules, and regulations, ordinances, licensing requirements and business codes, as
well as all applicable manufacturers’ specifications.
The Lessee shall indemnify Lessor against, and hold the Lessor harmless from, any and all claims, actions, suits,
proceedings, costs, expenses, damages and liabilities, including actual reasonable outside legal fees, arising out of
or connected with or resulting from the possession, use, operation or return of the Equipment by Lessee
hereunder, except to the extent arising out of or resulting from the gross negligence or wilful misconduct of the
Lessor, its employees, agents, contractors or representatives, or a breach of this Agreement by Lessor of any
representation, warranty or any other provision of this Agreement or any mechanical defect or malfunction of the
Equipment, provided same could not have been ascertained by Lessee’s daily inspection.
The Lessor shall not be liable for any death or injury arising from or out of any occurrence related to the
Equipment, nor shall the Lessor be responsible for any loss of or damage to any property of the Lessee, except to
the extent from any cause whatsoever, whether or not such death, injury, loss or damage results from the gross
negligence or willful misconduct of the Lessor or its agents, servants, contractors, representatives or employees or
other persons for whom the Lessor may, in law, be responsible, or a breach by Lessor of any representation,
warranty or any other provision of this Agreement, or any mechanical defect or malfunction of the Equipment
provided same could not have been ascertained by Lessee’s daily inspection.