R-019 Chi Town Harley Lease Motorcycle

Transcription

R-019 Chi Town Harley Lease Motorcycle
RESOLUTION NO. 2008-R-019
RESOLUTION AUTHORIZING A
CLOSED END MOTORCYCLE LEASE HARLEY DAVIDSON
WHEREAS, the Corporate Authorities of the Village of Tinley Park, Cook and Will
Counties, Illinois, have considered a lease agreement for the for the lease of certain personal
property, specifically a motorcycle to be used by the Police Department, a true and correct copy of
such Lease Agreement being attached hereto and made a part hereof as EXHffiiT 1; and
WHEREAS, the Corporate Authorities of the Village of Tinley Park, Cook and Will
Counties, Illinois, have determined that it is in the best interests of said Village of Tinley Park that
said Lease Agreement be entered into by the Village of Tinley Park.
NOW, THEREFORE, Be It Resolved by the President and Board of Trustees of the
Village of Tinley Park, Cook and Will Counties, Illinois, as follows:
Section 1:
The Preambles hereto are hereby made a part of, and operative provisions of,
this Resolution as fully as if completely repeated at length herein.
Section2:
That this President and Board ofTrustees ofthe Village ofTinley Park hereby
find that it is in the best interests of the Village of Tinley Park and its residents that the aforesaid
Lease be entered into and executed by said Village ofTinley Park, with said Lease to be substantially
in the form attached hereto and made a part hereof as EXHIBIT 1.
Section 3:
That the President and Clerk of the Village of Tinley Park, Cook and Will
Counties, Illinois are hereby authorized to execute for and behalf of said Village of Tinley Park the
aforesaid Lease.
Section4:
That this Resolution shall take effect from and after its adoption and approval.
ADOPTED this 1st day of April, 2008, by the Corporate Authorities of the Village of Tinley
Park on a roll call vote as follows:
AYES:
Seaman, Hannon, Bettenhausen, Maher, Staunton
NAYS:
None
ABSENT:
Rea
APPROVED this 1st day of April, 2008, by the President of the Village of Tinley Park.
ATTEST:
li~Jge~
2
Harley-Davidson Leasing
3850 Arrowhead Drive, Carson Ctty, NV 89706
CLOSED-END LEASE
(No Purchase Option)
This lease Is an agreement to lease the Vehlde described below. This Is not a purchase agreement lessor owns the Vehlde. "lessor" refers to lessor named above. "lease" refers to this
Closed-End lease . "lllu" and "YolK" refers to lessee. By signing 1his lease, You agree to all tts terms and conditions. Be sure to read the entire lease before \bu sign it
I
NAME
DEAlER NUMBER
ADDRESS
CHI TOWN HARLEY
1021
lESSOR
lESSEE
HARlEY-DAVIDSON lEASING, INC.
3850 ARROWHEAD DRIVE
CARSON CfTY, NV 89706
NAME
117801 S LAGRANGE RD., TINLEY PARK, IL 60487
VILLAGE OF TINLEY PARK
ADDRESS 7850 WEST 183RD ST.
STATE IL
CITY TINLEY PARK
ZIP 60477
PHONE 708-444-5300
DESCRIPTION OF VEHICLE
NEW/IJSEO
YEAR
NEW
2007
MAKE&MODEL
HARLEY-DAVIDSON
BODY TYPE
VEHIClE ID NUMBER
FLHTP
1HD1 FMM197Y675787
ODOMETER MILEAGE
OTHER EQUIPMENT
DESCRIBE SERVICE CONTRACT DR EXTENDED WARRANTY
LEASE PAYMENTS
OTHER TERMS AND CONDITIONS
s 517.10
1.
PAYMENT DUE AT lEASE SIGNING
2.
NUMBER OF MONTHLY PAYMENTS
3.
HOW THE AMOUNT DUE AT lEASE SIGNING OR DEliVERY Will BE PAID:
$ 0.00
a. Net trnde-in allowance
0.00
b. Rebates and noncash credtts
$ 0.00
c. Amount to be paid in cash
d. Other (describe) _ __ _ __ _ __ _
$ 0.00
24
s
4.
5.
THESE AMOUNTS MAKE UP THE PAYMENT DUE AT lEASE SIGNING:
a. capitalized Cost Reduction
$_o_.oo
_ _ _ __
b. Rrst Monthly Paym811t In Ad'1311C8
$...:2::::52:::..1:..:0_ _ __
c. Refundable Secu~ty Depostt
$...:0:.:.:.00:.::...._ _ __
d. Title Fees
$...:6c:.;5·c:.;oo:....__ _ __
e. Rll!llstraUon Rle
1. Ucense Fee
S...:O
:..:o:::---o
-s_o:..:oo:.::.__ _ __
g. Rental/Use Tax
h. lease AcqulsiUon Fee
l. other (describe)
1- Other (desaibe)
s _o:.:.:.oo
::..,.,---
MONTHLY PAYMENT
THESE AMOUNTS MAKE UP THE MONTHLY PAYMENT:
a. Base Monthly Payment>
b. Other (describe) _ __ _ __ __ _ _
c. Other (describe) - -- - -- - -- -
-
S ...:2::00.::.o:.:o~---
s_ ____ _
s_ ___ _ _
s 252.1 0
$ 252.10
$ 0.00
$_ _ __
_
6.
TOTAL OF PAYMENTS
(The amount You wtll have to pay by the end of the Lease)
7.
PAYMENT SCHEOlli
Your first Monthly Payment of $ 252.1o
Is due when lllu sign the Lease. Your
other~ Monthly Payments are due on the~ day ol each month, beginning
APRIL
(Month), 2008
(Year).
8.
$ 6050.40
YOUR MONTHLY PAYMENT IS DETERMINED AS SHOWN BELOW:
a. GROSS CAPITAUZED COST
$ _1_43_s-'o.;;_
oo'----The agreed upon value of the Vehide ($ 14050.00
) and any items You
pay over the Lease term (such as service contracts, insurance, and any outstanding
prior credit or Lease balance).
b. CAPITAUZED COST REDU(;!]ON
$ _o_.o_o_ _ __
The amooot ol any net trnd&-in allowance, rebate noncash cred'il, or cash that You
pay that reduces the gross capitalized oosl
c. ADJUSTED CAPITALIZED COSTS
S _14_35-o'.:.:.o.::..o_ __
The amount used in calculating Your Base Monthly Payment
d. RESIDUAL VALUE
$ ....:..:10.::..53:.:.7:.:.
.00::..__ _
The value of the Vehicle at the end of the Lease used in calculating Your Base
Monthly Payment
e. DEPRECIATION AND ANY AMO!mZED AMOUNTS
S _38=-:.13::..1:.:2~--The amounts charged for the Vehicle's dedine in value through nonnal use and for
other Hems paid over the Lease tenn.
I. RENTCHARGE
s _::22:.:3.:..:7.2:;:B::..__ _ _
The amount charged in addition to the depreciation and any amortized amounts.
g. TOTAL OF BASE MONTHLY PAYMENTS
$ ..ce:..:.os::..:o.:..:
.4.:..o_ __
The depreciation and any amortized amounts plus the rent charge.
h. lEASE PAYMENTS
_2=..4~---Thβ€’ numNar nf M wmfl'nb; in 'tt111t LAA.SA.
11 . TAX REPRESENTATIONS. Taxes; Permtts. (a) \bu agree to pay, and to indemnify, and
hold Lessor hannless from, all license, sales, use, personal property or other taxes together
with any penalties, flnes or Interest thereon Imposed or levied with respect to the Vehide
or the ownership, delivery, lease, possession, use, operation, sale or other disposidon
thereof or upon the rentals or earnings arising lherelrom, except any federal or stats
income taxes payable by Lessor. You may in good faith and by appropriate proceedings
contest any such taxes so long as such proceedings do not involve any danger of sale,
forfetture or loss of the Vehide or any interest in the Vehide. (b) lllu shall provide all permits
and licenses necessary for the Installation, operation and use of lhe Vehide. \bu shall
comply with all law.;, rules, ragulations and ordinances applicable to the installation, use,
possession and operation of the Vehide. ~ compliance wtth any law, rule, regulation,
ordinance, permit or license requires changes or additions to be made to the Vehide, such
change or addttions shall be made by You at lllur own expense.
12. LATE CHARGE. ~a monthly payment Is not paid In full within ten (1 0) days aner ~ Is due,
lllu will pay a late charge of five per cent (S'Yo) of the pm of the payment that Is late.
13. CHARGE FOR RNES. Each time Lessor pays a flne imposed on the Vehide during this
lease, You wtll pay Lessor a charge of $20.00 plus the amount of the fine.
14. INSURANCE. At Your own expense, lllu shall, du~ng the Lease Term, maintain (a)
casualty Insurance lnsu~ng the Vehlde against loss or damage by fire and all other risks
covered by the standard extended coverage endorsement then in use In the state where
You are located and any other risks reasonably required by lessor, In an amount at least
equal to the then applicable "Purchase ~ce· ol the Vehlde; (b) liability Insurance that
protects Lessor !rom liability In all events In loon and a111011nt satisfactory to Lessor; and
(c) workers' compensation coverage as required by the law.; of the state where lllu are
located; provided that, wtth Lessor's p~or ~tten consent, lllu may se~-lnsure against the
rtsl<s des~bed In dauses (a), (b) and (c). lllu shall furnish to Lessor evidence of such
Insurance or sett-Jnsurance coverage throughout each Lease Term. You shan not materially
modify or cancel such Insurance or seW-insurance coverage wtthout first giving written
notice thereof to Lessor at least 10 days In advance of such cancellation or modification.
All such insurance des~bed In dauses (a) and (b) above shall contain a provision naming
Lessor as a loss payee and additional Insured.
If lllu faiT to provide us such evidence, then we will have the rtgh~ but not the obligaUon, to
have such insurance protecting us placed at lllur expense. Your expense shall indude 1he
full premium paid for such Insurance (not reduced by any credit or refund due or paid to us
under the policy by reason of favorable loss experience) and any customary charges or fees
of ours or of our designee assodated wtth such Insurance. lllu agree to pay such amounts
In equal Installments allocated to each rental payment (plus interest on such amounts at
1.5% per month or the highest rate permitted by law whichever Is less). ~ any Insurance
proceeds are paid as a result of any such loss or damage to the Vehlde, so long as 'l\Ju are
not In default under this Lease or any other obligation to us, then 'l\Ju shall have the oplion
lo (i) use the Insurance proceeds to repair or replace the Vehlde, or 00 apply the Insurance
proceeds towards lllur obligations under tills lease. ~ Insurance Is placed under this
Paragraph, \bu shall cooperate with our Insurance agent In connection with 1he placement
and 1he processing of any dalms. Nothing In this Lease shall create any Insurance
relatlooshlp of any type whatsoever between us and any other person or party. You
acknowledge that we are not required to secure or maintain In force any Insurance, in any
amounts or upon any specific tenns and conditions. WE RESERVE THE RIGHT TO
TERMINATE ANY SUCH INSURANCE COVERAGE WHICH WE MAY ARRANGE, AND WE
MAY AllOW AHY SUCH INSURANCE COVERAGE TO LAPSE WITliOUT HAVING AHY
LIABILm TO YOU. In the event that we replace or renew such Insurance coverage, we shall
nol be obligated to provide replacement or renewal coverage under the same terms, costs,
limtts or conditions as the previous coverage.
15. VEHlCLE USE AND SUBLEASING. You a~ that You win not, and wil not permit others to:
a. use the Vehlde In violation of any law,
b. use the Vehide contrary to any provisions of any Insurance policies coveling the
Vehlde;
c. use the Vehlde to pull trailers that exceed the manufacturer's trailer towing
TERMS AND CONDITIONS (CONTINUED FROM FRONl)
17. WARRANTY AND EXClUSION OFWARRAmY. The only wamtnty (other than a warranty of
descriplion of the Vehide and a wallllnly against interference with Your interest under this
Lease) covering the Vehicle Is any standard manufacture~s express warranty. Lessor agrees
that You may receive, to the extent of Your interest under this Lease, the benefit of any
manufacturer's express warranty that covers the Vehicle. You must abide by the restrictions and
limitations of duration and remedy of any suth warranty. You ~11 also have an extended
warranty or service contract You arrange for one with this Lease.
b.
ff You are in default, Lessor may terminate tllis Lease. The amount 'lbu owe upon
termination wiH be determined Lr1der Item 24.
c.
~You are in default, Lessor will have the remedies in this Lease. Lessor will also have
any other remedies applicable law gives Lessor except as Lessor otherwise agrees
in tllis Lease. Lessor's rights include tile right In sue You for damages and to recover
the Vehicle and tile right In take the Vehicle from You witllout demand. Lessor ~11
exercise its rights and remedies ~ut breach of the peace, at reasonable times and
places, in a reasonable manner, and in accordance with applicable law. If You are in
defau~ and Wthe law permits, You agree lhat Lessor or its agents may enter YolK
property, or the property where tile Vehicle is stored, to lake tile Vehide Htlley do not
breach the peace or break tile law. ff any personal property Is in tile Vehicle when
taken, lessor can take the property and store tt for You. Ally property attached to the
Vehide will stay with the Vehicle. \bu agree In pay the reasonable expenses of taking
and slnring tile Vehicle. You also agree to pay Lessor's reasonable attorney fees to tile
extent permitted by law.
n
YOU UNDERSTAND ntAT LESSOR IS NOT OFFERING ANY EXPRESS OR IMPLIED
WARRANllES Wlnt RESPECT TO TilE VBliCLE. IN PARTICULAR, LESSOR MAKES NO
IMPUEO WARRANTY OF MERGHANTABIUlY ANO ntERE IS NO WARRANTY THAT THE
V811GLE WIU BE RT FOR A PARTICULAR PURPOSE.
18. RISK OF LOSS. You will have the risk of loss ol the Vehicle only when You lake possession
ot ~ (except as provided in nem 24 when a Vehicle Is stolen, and not recovered, or destm~
and there is an insurance settlement).
19. MAINTENANCE, REPAIRS, AND OPEAAT!NG EXPENSES. You agree to maintain and repair the
Vehicle In keep it in good worldng order and condition. You agree to pay for or cover all
maintenance repair and operating expenses. 'lbu also agree to service the Vehicle as the
manufacturer recommends in the OWner's Manual and Maintenance Schedules folder that
comes with the Vehicle and as the manufacturer requests in any recall campaign. If You do not
maintain or repair the Vehicle or pay all operating expenses as this Lease requires, Lessor may
do so and add the cost to Your obligation under this Lease. Lessor may require You to pay this
cost upon demand. M. Your own cost and expense You shall replace any and all parts and
devices which may from time to time become mm ou~ lost, smlen, destroyed, damaged
beyond repair or rendered unfit for use for any reason whalsoever. /Ill such replacement parts,
mechanisms and devices shall be free and clear of all liens, encumbrances and rights of others,
and shall become tile property of Lessor and shall be covered by this Lease to tile same extent
as the Vehicle originally covered by this Lease. Lessor shall not be liable or responsible to
Lessee for any Joss, damage, liability or expense of any kind caused by or related to the Vehicle,
or resulting from any defect in or deficiency of tile Vehicle, or resulting from tile use or operation
of the Vehicle.
20. EXCESS WEAA. "Excess wear" includes: (a) glass tllat is damaged or tllat You have tinted;
(b) damaged body, fenders, melal work, Hghts, trim or pain~ (c) missing equipment lhat was In
the Vehicle when delivered and has nat been replaced witll equipment of equal quality and
design; (d) missing tools; (e) missing or unsafe wheals or tires; (I) any Ure wilh less than 1/8 inch
of tread remaining at the shanowest point; (g) tom, damaged or stained seats; (h) any mechanical
damage or ather condition tllat causes tile Vehicle In 01J9rate in a noisy, rough, Improper, unsafe,
or unlawful manner; and OJ any ather damage, whether or nat covered by Insurance.
21. ANES, UENS, AND ENCUMBRANCES. You agree to keep lhe Vehicle free of all fines, liens,
and encumbrances. ff You do not promptly pay any fines or remow any liens or encumbrances,
Lessor may do so. You will owe Lessor any amounts Lessor pays to do so. You will also owe
Lessor $20 for each time Lessor pays a fine imposed on lhe Vehicle dur1ng this Lease.
22. SCHEDln..EO TERMJN,q]QN, This Lease is scheduled to end one month after the last
payment is due, unless You and Lessor agree to extend this Lease. ~You and Lessor extend tills
Lease, tile scheduled end will be tile date upon which You and Lessor agree In wriUng.
23. NONAPPROPRIATION. You are o!JIIgated only Ill pay such lease Payments under each Lease
as may lawfully be made from funds budgeted and appropr1ated for that purpose. Should You fail
to budge~ appropr1ate or otherwise make available funds to pay Lease Payments under any
Lease within the Original Term, such Lease or Leases shall be deemed terminated. You agree lo
deliver notice to Lessor of such termination at least 15 days prior to the end ol the last budgeted
month. Failure to glve such notice shall not extend tile term beyond any month which payment
has not been received by the Lessor. ff any Lease Is terminated In accordance with tills Section,
Lessee agrees lo peaceably deliver lhe Vehlde to Lessor at lhe location(s) to be specified by
Lessor. Additionally, You agree to pay an charges required by ttem 24 of this Lease.
24. VOWNTARY EARLY TERMINATION AND RETURN OF THE VEHIClE. You may terminate this
Lease early, ff You are not In defaul~ by reluming the Vehicle to Lessor and paying tile following:
(a) an early termination fee of $200, plus (b) the difference, If any, between the Unpaid ~usled
Capitalized Cost and tile Vehicle's Fair Market Wholesale Value, plus (c) all otller amounts tllen
due under this Lease. You will never pay more than lhe sum of tile remaining unpaid lease
payments, plus any excess wear charges, and all other amounts then due under tills Lease.
n
HOWEVER, the Vehicle Is stolen (and no! recovered) or destroyed and Lessor receives an
Insurance settleme~ You will owe Lessor the amount of lhe Jnsur.mce deducUble Instead of the
amount disclosed above.
Definition Of Excess Wear Charge: The
explained in parngraph 20.
cost of any repairs needed because of excess wear as
Unpaid Adjusted Capitalized Cost Is reduced on each payment due date. It Is calculated by
reducilg the Adjusted CapitaNzed Cost each month by the difference between tile Base Monthly
Payment and the part of lhe Rent Charges earned in lhat month on an actuarlal basis. Rent
Charges are earned when due. Lessor will provide You wllh a written explanation of tile actuarial
metllod upon Your request
Fair Markel Wholesale Value, at Your option, will be: (a) an amount agreed to by You and tile Lessor,
or (b) tile value which could be realiZI!d at the wholesale sale of tile Vehlde, as determined by a
professional appraisal obtained by You at Your expense witllln 10 days from termination from an
Independent thfrd party agreeable to Lessor, or (c) ff nat established by a~ent or appraisal,
tile net amount received by Lessor HDL upon the sale of lhe Vehicle at wholesale.
25. DEfAUli
a. You will be in defau~ nany of the following occurs:
i. You do not make a payment when due.
n. 'lbu make an assignment tor tile benefit of credltDrs.
iii. You do not keep in fon:e the insurance coverage the Lease requires.
iv. You do not repair or maintain the Vehide as the Lease requires.
v. You violate the section of tllis Lease (Item 36) prohibiting the transfer of Your interest
vi. You break any Df Your other agreements in tllis Lease and such breach significantly
Impairs the prospect of paymen~ performance, or realization of Lessor's interest in
tile Vehicle .
...... -
_._ ....___.. ..__ l...
.~__.__ .... ~ - ...- -
1------ ..
~
. -..:-.. . . . ,_. .
26. RETURN OF VEHia.E. You agree to return the Vehicle at Lease end to the Dealer
or to any reasonable address Lessor gives You. The Vehicle must be in good condition.
27.
OPTION TO PURCHASE. There Is no opUon In purchase.
28. ODOMETER DISClOSURE REQUIREMENT. Federal law requires You to disdose the
Vehicle's mileage to lessor at the end of the Lease In connection witll a transfer of ownership
of the Vehicle. You may be flned am11or lmprlsoned ~You fall to complete the disclosure or II You
make a false statement
n
29.
You have paid all required fees and taxes and have kept all of Your agreements In this
Lease, You will owe Lessor only tile cost of any repairs needed because of excess wear, to put
tile Vehicle In good condition. (lessor Is nat obligated to make any repairs).
30. REPRESENTATIONS AND COVENANTS OF LESSEE. You represen~ covenant and warrant
for tile benefit of Lessor on the dale hereof and as of tile Commencement Date of each Lease
as follows: (a)You are a public body corporate and politic duly organized and existing under tile
constitution and laws of the Slate where You are located with full power and autllority under tile
constitution and laws of tile Slate to enter lnlo this Lease and the lrllnsactions contemplated
hereby and to perform all of its obligations hei'I!Under and under each lease; (b) You have duly
aulhortzed tile execUtion and delivery of tills Lease by proper action of Your governing body at
a meeting duly called and held In accordance with Slate law, or by other approprlate official
approval, and all requ~ernents have been met and procedures have oa:vrred to ensure the
validity and enforceability of this Lease; (c) You will do or cause to be done all tllings necessary
to preserve and keep In full force and effect Your existence as a body corporate and politic; (d)
You have complied wllh such public bidding requirements as may be applicable to this Lease
and tile acquisition by You of tile Vehicle as prtl'llded In each lease; (e) You will use the Vehicle
during lhe Lease Term solely and exclusively for tile purposes of performing essential
governmental or proprletary functions; (Q You will annually provide Lessor wltll current flnanclal
statements, budgets, proof of approprlation for the ensuing Fiscal Period, and such other
financial Information relating to Your ablnty to conUnue each Lease as may be requested by
Lessor, and (g) You have an immediate need for tile Vehicle listed on tllis Lease and expect In
make Immediate use of the Vehicle.
31 . COVENANT TO SEfX APPROPRIATIONS. You agree lhat Yotr budget officer or other primary
business official win do all things lawfully within such officer's or official's power (a) lo Include
amounts to make lease payments under tllis Lease in each annual or biennial budget (as
appropriate) to be submitted lo Your governing body and (b) to use best efforts to obtain and
maintain ftJ'lds from wh!ch such lease payments under this Lease may be made d!J'Ing each fiscal
period for which amounts have been duly appropnated lo make such payments.
32. CONDmONS TO LESSOR'S PERFORMANCE. This Lease Is not a comm~ent by lessor In
enter Into any Lease no! currently in existence, and notlling In this Lease shall be construed to
Impose any obllgaUon upon Lessor to enter Into any proposed Lease, It being understood lhat
whether Lessor enters Into any proposed Lease shall be a decision solely within Lessor's
discretion. Lessee will cooperate with Lessor In Lessor's review of any proposed lease. You
ooderstand lhat Lessor reQiires cerlain docmlenlatlon and Information necessary to enter into
any Lease and 'lbu agree to provide Lessor with any documentation or lnlormaUon Lessor may
request In connection with Lessor's review of any proposed Lease. Such docurnentaUon may
Include, without limitaUon, documentation concerning the Vehicle and its conlernplated use and
location and documentaUon or lnlnrrnalion concerning the financial status of Lessee and other
matters related lo Lessee.
33. SECURITY DEPOSIT. A refundable security deposit Is part of tile payment 'lbu make when
You si!Jl this Lease. Lessor wli deduct from seaJ1ty deposits any amounts \bu owe under Lease
and do not pay. Milr the end of tile lease, Lessor will refund Ill You any part of the security deposit
that Is lett.
34. PAYMENTS FOR V811CI.E DAMAGE. ff tile Vehlde Is damaged, slnlen, or destroyed and
funds become available from Insurance, a payment of a judgment, a settlement, or the like, tile
funds will be treated as Insurance proceeds to which Harley-Davidson Leasing Is entitled under
Item 14, "Insurance'.
35. INSPECTION. You agree to allow Lessor to Inspect the Vehicle at any reasonable time and
place. If lessor asks to Inspect tile Vehicle, You will tell Lessor tile loca~on of tile Vehicle.
36. PROHIBmON OF TilE TRANSFER OF LESSOR'S INTEREST. YOU WIU NOT SUBLEASE,
RENT, ASSIGN, GRANT A SECURITY INTEREST IN OR OTHERWISE TRANSFER YOUR INTEREST
UNDER ntiS LEASE IN A WAY ntAT AFFECfS YOUR POSSESSION OR USE OF THE V811CI.E OR
ANY OTHER RIGHT IN TilE VEHIClE. YOU WIU NOT ATTEMPT TO TRANSFER ANY OTHER RIGHT
OR INTEREST UNDER THIS LEASE OR IN THE VEHIClE. LESSOR, UPON REQUEST, MAY GIVE
PRIOR WRITTEN CONSENT TO ATRANSFER.
37. INDEMNITY. You will protect Lessor and anyone to whom Lessor assigns tilis Lease, from
all losses, damages, Injuries, claims, demands, and expenses arising out of the condition,
maintenance, use, or operation of the Vehicle. You agree to indemnify and hold harmless Lessor
and its assigns from all such losses, damages, Injuries, claims, demands, and exponsBG.
38. DEUVERY REC8PT. By signing this Lease, You agree tllat (1) You received and examined
tile Vehicle described in tllis Lease; (2) the Vehicle is as described in this Lease; and (3) tile
Vehicle Is in good worldng order and condition.