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4. 09/15/1978 Agreement ' ' MAIL WITH CARBON INTACT TO: We Try Harder Inc., 175 Crossways Park West, Woodbury, New York 11797 Jo : 4 CLOSED END 516/364 -0900 s LEASE VEHICLE REQUISITION &' t 0 N -4 -4,Z... AR LEASING DIVISION AVIS: MAINTENANCE - CUST. PLATES & IN I D IVERING AVIS MVP, NO. D LrA ER CODE DATE � - DATE ORDERED ; 9/15/78 . ; AVIS SALESMAN NO. LOCATION CODE CUSTOMER ACC'T NO. F.CANABAL NAME AND ADDRESS OF DELIVERING DEALER BRANCH CONTRACT TYPE NO. EFF.DATE OF CONTRACT MIAMI 9/15/78 . YOUR COMPANY'S NAME AND ADDRESS — CUSTOMER County of Monroe x' ADDRESS Key West, Fla. 33040 CITY, ST., ZIP COMMENTS TO DEALER Office of: Social Services - CONTACT P.O.Box Pub Service Bldg - Stock Island FILL IN NAME AND ADDRESS OF YOUR 1 REPRESENTATIVE WHO WILL RECEIVE VEHICLE ORD. DLR. CODE FACT. ORD. NO. TRUCK CODE > G.V.W.. DRIVER HOME ADDRESS G CITY, ST., ZIP DESCRIPTION OF NEW VEHICLE YEAR MAKE , MODEL COUNTY TEL. 1979 CHEVROLET IMPALA STAT ON WAGON IF THIS IS A REPLACEMENT VEHICLE, BODY 0 2 DOOR 4 DOOR 2 ST. WAGON 3 ST. WAGON DESCRIBE USED VEHICLE A' STYLE XXXXX II RETURNING DEALER ❑ PURCHASED ❑ OT COMM NTS BELOW UNDER OCO 1 EXTERIOR INTERIOR L VEHICLE NO. YEAR MAKE R C 2 EXTERIOR INTERIOR E - EQUIPMENT AP' MODEL MILEAGE SERIAL NO. ® ,/ ENGINE 3 05 V8 E POWER STEERING C.I.D. CYL. MUST BE COMPLETED IF YOUR COMPANY ® AUTO TRANS. ® POWER BRAKES DISC IS RESPONSIBLE FOR INSURANCE INS. CO. ® RADIO AM © REMOTE L.H. MIRROR TYPE ADDRESS CITY, ST., ZIP ® AIR CONDITIONING © BODY SIDE MOLDINGS POLICY NO. ® TINTED GLASS (ALL) © INTERIOR gj VINYL - 1 EXP. DATE ® WHITEWALL TIRES El CLOTH ❑ GLASS BELTED COMMENTS AND /OR BILLING INSTRUCTIONS TO AVIS El STEEL BELTED SEAT BELTS �8 -SEAT (2- SHOULDER cl(Otii&X KOSX)xx 14 xX06CXX c - mac % ® BUMPER GUARDS E] STANDARD EMISSION SYSTEM - AVIS: MAINTENANCE - ® FULL WHEEL COVERS g] WHEEL OPENING MOLDING ® POWER TAILGATE Q STORAGE COMPT. LOCKS DELIVERY IN WITH OUR AGREEMT OF THE VE DESCRIBED HEREIN E O W E LI POWER REAR WINDOW j WOODGRAIN VINYL APP. IT 15 UNDERSTOOD AND AGREED THAT ACCEPTANCE OF THE VEHIC- LE BY CUSTOMER OR THE DESIGNATED DRIVER SHALL CONSTITUTE IS AN AUTHOR ADD AGREEMENT, HAS L BEEN RE- © QUIET SOUND GROUP C CEIVED IN GOOD DER, I5 AS REQUESTED BY CUSTOMER AND IS SUITABLE FOR IT'S PURPOSES ® AUX. LIGHTING PKG. ❑ - M ayor /Chairman ® ROOF DRIP MOI DINGS ❑ CUSTO∎.' •UTH•RI EDSI ATU � E � /�� Clerk Avis /eases all makes ... features Chevrolet CLD - 2 9/77 '.. - , ? 7 . . . . ; - 7'. . ... _ . 7a "y CAR' ° 4..IV i .. LEASING AUTOMOBILE LEASE AND SERVICE AGREEMENT made as of September 15 19 78 by and between WE TRY HARDER, INC., a Delaware corporation with offices at 900 Old Country Road, Garden City, New York (herein called "Lessor "), and County of Monroe Key West, Fla. 33040 - Off. of Social Sev. having a place of business at P•O.Box: Public Sev. Bldg., Stock Island (herein called "Customer "). W I T N E S S E T H In consideration of the mutual covenants hereinafter contained, the parties hereto agree for themselves, their ?LEASE heirs, executors, administrators, representatives, successors and assigns, as follows: Customer represents that any vehicle leased hereby is used for business, commercial or agricultural purposes, is not used ptirr for personal, family or household purposes and this agreement is not a "consumer lease" within the meaning of the Consumer Leasing Act of 1976. INITIAL 1. Term. Lessor hereby agrees to lease to Customer who agrees to hire from Lessor, for the rental and upon the terms and conditions hereinafter stated, the motor vehicles (herein called the "vehicles ") described from time to time on the "Delivery Receipt(s)" which upon execution constitute a part hereof the same as if rewritten at length herein, including substituted vehicles, for a term commencing on the respective effective date for each vehicle and terminating as set forth herein. The effective date shall be either the date of delivery to Customer or the date Customer is first notified the vehicle is ready to go into operation, whichever is earlier. Such Delivery Receipt(s) shall be executed in behalf of Customer by the driver of the respective vehicle, or by any other authorized agent of Customer, such execution to be conclusive evidence of receipt of the vehicle in good order and in accordance with this Agreement. 2. Rental. Customer shall pay Lessor, at its address shown above or at such other place as Lessor may by written notice direct, (a) the "Base Monthly Rate" and such further "Charges" for each vehicle as are set forth in the "Primary Rate Schedule" or "Supplemental Rate Schedule ", as the case may be, covering that vehicle (the Primary Rate Schedule(s) and Supplemental Rate Schedule(s) being referred to herein generically as "Schedule(s) "), all of which Schedules are made a part hereof and are fully incorporated herein by reference thereto, or (b) with respect to any vehicle ordered by Customer which is different as to make, model and /or equipment from any vehicle listed on any Schedule then in existence for Customer under this Agreement (i) the Base Monthly Rate for such vehicle, which shall be equal to the Base Monthly Rate stated in the latest dated Primary Rate Schedule for Customer, increased or decreased by the difference between the cost to Lessor of the vehicle (as equipped with those items included in the base monthly rate for that vehicle) covered by the latest dated Primary Rate Schedule and the cost to Lessor of the new vehicle (similarly equipped) being ordered by Customer, divided by the number of months of the minimum term of this Agreement, plus (ii) with respect to additional equipment not included in the Base Monthly Rate for the new vehicle, such additional sum as may be charged by Lessor, plus (iii) such further "Charges" as are set forth in the Schedules. In no event shall the rental hereunder be subject to any deduction or offset of any kind or character. Such payments shall commence with respect to each vehicle on the respective effective date and shall continue monthly in advance thereafter on the first day of each succeeding calendar month during the respective lease term. Payments shall be pro-rated for periods involving less than a full month. In the event that the base manufacturer's price of any vehicle to be leased to Customer hereunder shall be increased or decreased prior to the time the vehicle is delivered to the Customer's Representative, the Base Monthly Rate for such vehicle shall be increased or decreased by a sum equal to the amount of said increase or decrease, divided by the number of months of the minimum term such vehicle is to be leased to Customer. In those instances when a Schedule is in effect as to a vehicle, for the purpose of determining the amount of base manufacturer's price increase or decrease, hereunder, the manufacturer's price of such 4. vehicle, comparably equipped, as of the date set forth on the Schedule for that vehicle, shall be considered the base manufacturer's price. The Base Monthly Rate includes unlimited mileage up to a maximum of 20Q0miles per month from the date of delivery of the vehicle. In the event that mileage accumulation for any vehicle exceeds such allowable mileage, Customer shall pay as additional rental for that vehicle a charge of $03 per mile for the excess mileage. The Base Monthly Rate does not include and Customer shall be responsible and shall be invoiced for the cost of any equipment, accessory or modification required to be installed or made to the vehicle by any Federal, State, Municipal or other governmental law, regulation or ordinance the effective date of which is subsequent to the date of the Schedule covering such vehicle, or, if no Schedule exists with respect to such vehicle, the date on which the vehicle is delivered to Customer. All payments are subject to the imposition of a late charge to be paid by Customer to Lessor in the amount of 2.00% per month or fraction thereof of any rental payment not paid by Customer to Lessor within the first ten (10) business days of the month. i 3. Maintenance. (a) AV I S shalt pay for all necessary servicing and repairs including greasing and anti- freeze; Customer shall pay for all gasoline, oil and cleaning and shall change the crankcase and transmission oil in accordance with manufacturer's recommendations. The vehicles shall be equipped at the time of their initial delivery with five new tires, including a spare tire. Customer shall pay for all additional tires. Customer shall not permit any interchange of parts, tires or accessories to he made between the vehicles, or any repairs, additions or adjustments to be made to the vehicles without first obtaining Lessor's consent unless the total cost thereof is less than $25.00, and in no event shall any repairs, additions or adjustments he made except by an authorized representative of the respective manufacturer. Customer shall comply with instructions furnished by Lessor from time to time concerning the operating and maintenance of vehicles, including those instructions set forth in the Driver's Manual delivered to Customer or its agent at the time of delivery of each vehicle, the terms of which are incorporated herein by reference, and shall reimburse Lessor for the cost of repairs attributable to its failure to perform its obligations specified in this Agreement or to comply with any such instruction. Under no circumstances shall Lessor be liable for any loss of time, business, profits or other damages caused by or resulting from the interruption or cessation, for any reason, of any lease or service provided for in this Agreement. (b) Where under this Paragraph 3 Lessor is obligated to pay for all necessary servicing and repairs, it shall only be so obligated upon receipt of itemized invoices which clearly identify the vehicle serviced or repaired and set forth the dates on which service or repairs were performed, and Lessor shall not be obligated to make any payments of invoices presented more than 60 days after the date of performance of such servicing or repairs. It Lessor deems it impracticable or inexpedient to repair any of the vehicles in any instance where Lessor is responsible under this Paragraph 3 to pay for necessary repairs, it may substitute a vehicle in accordance with Paragraph 9 hereof. ' (c) Where under this Paragraph 3 Lessor is obligated to pay for all necessary servicing and repairs, the following provisions shall also be applicable: 1. Lessor may, at its sole option, issue to the assigned operator of each vehicle one or more service coupon packets which will enable said operator to obtain service for the vehicle, in the manner and at the intervals as specified on such coupons, at a cost directly chargeable to Lessor. Customer agrees to use tpe coupons as provided for service of the vehicles unless Lessor agrees in writing to waive this requirement. 2. Lessor reserves the right, at any time and from time to time, upon written notice to Customer, to modify, cancel or replace said coupons. Customer agrees to return or cause to be returned to Lessor promptly all canceled, modified or replaced coupons, and in any event to return unused coupons when the vehicle is returned to Lessor. 3. In consideration of the issuance of such coupons, Customer agrees to indemnify Lessor and hold it harmless for any and all expenses and costs arising from the use of the coupons after return of the vehicle to Lessor or after Customer has been notified of the modification, cancellation or replacement thereof, or otherwise than for service to the vehicles in accordance with this Paragraph 3(c) and with the terms of the coupons, until the unused coupons, if any, are surrendered to Lessor at its address set forth in the Agreement or until receipt by Lessor of written notice that said coupons have been lost or stolen. 4. Registration and Taxes. The vehicles shall, at the expense of CUSTOMER , be titled and /or registered by Customer in the name of Lessor; provided, nevertheless, that, where Lessor ears the expense under this Paragraph 4, Lessor's responsibility shall be limited to one registration per vehicle per registration year. In no event shall Lessor be obligated to pay any registration fee in excess of that in effect on the date of this Agreement. Customer shall pay the cost of all necessary vehicle inspections and shall pay Lessor an amount equal to all taxes and fees whatsoever assessed or imposed by any govern- mental authority with respect to the rental payments hereunder, or the purchase. operation, ownership, maintenance or use of the vehicles, other than the Federal Manufacturers' Excise Tax, if any, in effect on the date hereof with respect to those items supplied by Lessor. If a vehicle is returned by Customer to Lessor with expired license plates, whether or not during a licensing grace period, Customer will pay Lessor any penalties imposed by law in connection with any subsequent licensing or registration of such vehicle resulting therefrom. Customer shall keep Lessor advised of the name and home address of the current drivers to whom the vehicles are assigned, and Customer shall indemnify and pay Lessor upon demand any cost incurred by Lessor resulting from Customer's failure to comply with provisions of this paragraph. 5. Insurance and Indemnification. (a) CUSTOMER shall at its expense furnish primary automobile liability and property damage insurance under a standard form automobile policy, as well as "no fault" benefits provided by law, for each vehicle protecting the interests of Lessor and its affiliates and Customer and its drivers with limits of coverage of not less $250,000 for injury to or death of one person and, subject to that limit for each person, $500,000 for ati persons injured or killed in the same accident, and $50,000 for damage, destruction and /or loss of use of property as a result of any one accident, excluding damage to, or destruction of, property owned by or rented to, in charge of, or transported by Customer, its drivers or any person operating the vehicles. If such insurance is to be furnished by Customer, it shall contain terms and conditions satisfactory to Lessor, and Customer shall furnish Lessor with a current endorsement or certificate thereof, satisfactory in form and substance to Lessor. Such insurance, if provided by Lessor, specifically shall exclude any liability for bodily injury to any employee or fellow employe of Customer arising out of or in the course of employment by or with Customer or liability imposed upon or assumed by Customer under any Workmen's Compensation Act, Plan or Law and /or Contract of whatever nature, it being expressly understood and agreed that Lessor shall not be required to provide any insurance other than as stated herein. (b) Customer will indemnify, defend and hold harmless Lessor from and against any and all loss, claims, liability, suits, costs and expense, including attorneys' fees and disbursements caused by or arising from the use or operation, condition (including without limitation latent or other defects whether or not discoverable by Lessor), loading or unloading of the vehicles or out of the conduct of Customer's business, and irrespective of any acts or omissions of Lessor, negligent or otherwise, including, without limitation, loss or, damage to or loss of use of property or bodily injury or death sustained by third persons or the agents, servants or drivers of Customer or Lessor, to the extent the same shall not be covered and protected by the aforesaid insurance (if any) furnished by Lessor hereunder, or, if covered, in excess of the applicable liability limits. Customer, its drivers, servants, and agents will cooperate fully with Lessor and the insurance carriers insuring the hazards enumerated in this Paragraph in the investigation, defense and prosecution of any and all claims or suits arising from the operation of the vehicles and will make prompt report to Lessor of the occurrence of any and all accidents, collisions or damage or loss which occur while a vehicle is in the care, custody or control of Customer, its driver, agent or servant and shall promptly deliver to Lessor, or such other entity as Lessor may direct, any and all papers, notices and documents served upon or delivered to Customer, its drivers, servants or agents in connection with any claim, suit, action or proceeding commenced or threatened and arising out of the operation of any vehicle. In the event that the cost per vehicle to Lessor of any insurance provided by Lessor shall be increased during the lease term, the amount of such increase per vehicle per month may be added thereafter to the Rental hereunder. (c) If insurance is being furnished by Lessor hereunder, Customer or its driver(s), or both, will be required to complete an Insurance Information Certificate which Customer understands is required by Lessor for the purpose of determining the insurability of Customer and such drivers with fegard to motor vehicle insurance furnished pursuant to this Agreement. Customer certifies that each statement made or to be made and information furnished or to be furnished in such certificate is or will be true and correct when made or furnished. If any of the information contained in any such Certificate shall prove to be incorrect, Lessor may, in its sole discretion, any other provision of the Agreement to the contrary notwithstanding: 1. Terminate the Agreement forthwith upon written notice to Customer and exercise all rights and enforce all obligations arising under said Agreement upon a termination thereof, or • 2. In the event that Lessor elects to and can provide insurance for Customer and its drivers under any insurance iating plan in force in the territory of garaging if the leased vehicle which provides additional premium or surcharge on the basis of experience, record, or point scores, then Lessor may increase the Monthly Rental, retroactive to the commencement of the lease term for each vehicle affected, to cover said increased cost of insurance. 6. Vehicle Damage. (a) Lessor shall, as to each of the vehicles, relieve Customer of all liability for loss or damage by any cause whatsoever, including, without limitation, casualty, collision, upset, malicious - mischief, vandalism, falling objects, missiles, glass breakage, fire, smoke, water, smudge or theft (which Customer shall substantiate by furnishing a police report or other docu- mentation satisfactory to Lessor), in excess of $100, but Customer shall reimburse Lessor upon receipt of its invoice (a) up to the first $100 of any such loss or damage arising out of, each incident or event and (b) the full amount of all loss or damage resuhing from theft or conversion by any of Customer's drivers, agents or authorized operators or deliberately caused by Customer or any operator authorized by Customer, or resulting from any violation of the terms or conditions of this Agreement or any reckless, abusive or careless handling of the vehicles by Customer or any such operator, or, with respect to collision or upset loss or damage, caused by the negligent operation of a vehicle under the ownership or control of Customer, other than a vehicle leased to Customer by Lessor. Lessor shall attempt to recover °',r such reimbursed losses or damages from third parties liable therefor and shall remit to Customer a part of the respective recovery, less out -of- pocket expenses, which bears the same ratio as the amount reimbursed 3 by Customer bears to the total amount sought to be recovered. Notwithstanding any contrary provision of this Agreement, at any time prior to or upon terrtaination of this Agreement as to each vehicle, Customer agrees to make prompt payment to Lessor for the full amount of any damages, howsoever caused, not reported to Lessor as required by this Agreement. ANYTHING IN THIS AGREEMENT 1O THE CONTRARY NOTWITHSTANDING, THIS PARAGRAPH 6 (a) SHALL HAVE NO FORCE AND EFFECT IF CUSTOMER IS TO FURNISH LIABILITY AND PROPERTY DAMAGE INSURANCE PURSUANT TO PARA- GRAPH 5(a) OF THIS AGREEMENT. (b) Customer shall, as to each of the vehicles, bear all risk of loss or damage and pay all costs of repairs and replacements, resulting from or caused by any source whatsoever, including, without limitation, casualty, collision, upset, malicious mischief, vandalism, falling objects, missiles, glass breakage. fire, smoke, water, smudge, theft, conversion by operators or other agents, riot or civil commotion (whether or not caused by the acts or omissions of Lessor). In the event any vehicle shall be adjudged by Lessor to be a total loss or in the event of a theft (which Customer must substantiate by furnishing a police report or other docu- mentation satisfactory to Lessor), Customer will reimburse Lessor upon 'demand for the greater of (a) the fair market value, or (b) Lessor book value thereof immediately preceding such loss. The rental for the vehicle shall not abate until Lessor has received the full reimbursement payment. Unless permission to self insure for these obligations is given in writing by Lessor, Customer shall maintain collision and comprehensive insurance, protecting Lessor against loss or damage, which insurance shall contain terms satisfactory to Lessor, including designation of loss payee and named assured, and be evidenced by a certificate furnished to Lessor, in form and substance satisfactory to it. Without limiting the generality of any of the foregoing, at any time prior to or upon termination of this Agreement as to each vehicle, Customer agrees to make prompt payment to Lessor for the full amount of any damages, howsoever caused, not reported to Lessor as required by this Agreement. ANYTHING IN THIS AGREEMENT TO THE CONTRARY NOTWITHSTANDING, THIS PARAGRAPH 6 (b) SHALL HAVE NO FORCE AND EFFECT IF LESSOR IS TO FURNISH LIABILITY AND PROPERTY DAMAGE INSURANCE PURSUANT TO PARAGRAPH 5 (a) OF THIS AGREEMENT. 7. Vehicle Operation and Use. Customer shall permit and authorize the vehicles to be operated only by licensed drivers who are selected, employed and controlled by Customer, or members of the household of such employees, provided all drivers are 25 years of age or older, all said drivers being conclusively presumed to be the agents or servants of Customers only, and Customer shall require them to operate the vehicles with reasonable care and diligence, and to use every reasonable precaution to prevent loss or damage thereto or to third persons or their property. Upon written notice from Lessor specifying any reckless, careless or abusive handling of any vehicles, Customer shall remove such driver or drivers and substitute therefor other such drivers as soon as it is reasonably possible to do so. Without modifying or enlarging the foregoing, it is expressly agreed and understood that any insurance coverage at anytime furnished by Lessor shall apply only to persons operating a vehicle with the express or implied con- sent of Lessor or Customer. Customer shall remove all property from the vehicles before transferring possession thereof to Lessor at any time and Customer shall indemnify, defend and hold harmless Lessor from and against any loss, claims, suits, liability, costs and expense, including attorneys' fees and disbursements, caused by or arising out of the loss or theft of or damage to any property left in or upon the vehicles at any time or place, including, without limitation, while under the care, custody or control of Lessor and irrespective of whether said loss, theft or damage was caused by or related to the negligence of Lessor. Customer shall not permit the vehicles to be operated or used outside of the contiguous forty -eight states and the Dominion of Canada, other than upon a paved road, public highway, graded road or driveway, for illegal purposes, as a public livery or conveyance, to tow a trailer or other object, or to transport property which is explosive, radioactive or inflammable. It is expressly understood and agreed that notwithstanding any other provision of this Agreement any station wagons that may be leased under this Agreement may not be used for the transportation of property of any kind. Customer shall indemnify, defend and hold Lessor harmless from all claims, suits, loss, costs, liability, fines, forfeitures, penalties and expense, including attorneys' fees and disbursements, caused by or arising out of or in connection with any seizure of the vehicles for speeding, reckless or careless driving or the violation of any statute, regulation or ordinance of any constituted public authority, including any and all parking and traffic violations. 8. Condition of Vehicles at Termination. (a) Customer shall, on or before the date of expiration or earlier termination of this Agreement as to any or all of the vehicles, return each such vehicle at Customer's expense to Lessor at a place designated by Lessor in the same general vicinity in which the vehicle is then garaged, in as good condition and appearance as it was when received by Customer, ordinary wear excepted, together with all license plates, registration and /or title documents or similar documents. It is understood and agreed that the standard for ordinary wear for a station wagon shall be identical to that of an ordinary passenger vehicle. The vehicle as returned shall also meet all government safety and environmental standards and regulations then in effect for that vehicle. Should any vehicle not be returned in the condition and appearance required hereby, or meeting the regulations referred to above, Customer shall pay or reimburse Lessor upon demand for all costs of restoring the vehicle to such condition and appearance. (b) In addition to the provisions of this Agreement concerning the maintenance, insurance, repair and return of each vehicle, Customer further agrees with Lessor that upon the return of each vehicle to Lessor, as provided in this Paragraph 8, Lessor will cause the vehicle to be inspected by an independent third party in order to determine the extent to which the vehicle is in the condition required by this Agreement and the costs, if any, of restoring, repairing and servicing the vehicle so that it may be in such condition. A copy of each inspection report will be furnished to Customer. The judgment of such third party as to the con- dition of the vehicle and the costs of repair, service and restoration thereof shall be final and binding on the parties and Customer agrees to pay such sum to Lessor upon being invoiced therefor. Notwithstanding anything to the contrary contained in this Agreement, Customer shall not be required to pay the restoration of any item which is the responsibility of Lessor under Paragraph 3 of the Agreement. 9. Substitution of Vehicles. Lessor may from time to time substitute substantially similar vehicles for any of the vehicles. The parties shall with respect to such substitute vehicle execute a Delivery Receipt which shall constitute a part hereof in place of the Delivery Receipt for the vehicle replaced for purposes of applying the mileage accumulated by the replaced vehicle prior to its replacement, and the effective date of the lease term as to any substitute vehicle shall be the date of its delivery to Customer and not the effective date as to the replaced vehicle; the term of lease of the substituted vehicle shall be defined in Paragraph 10 hereof unless otherwise agreed to in writing by Lessor. 10. Termination. (a) Each vehicle is leased for a term of not less than 9n months ( "minimum term ") or more than24 months ( "maximum term "). It is contemplated that each vehicle shall be replaced, arthe end of the lease term thereof, by another vehicle delivered in accordance with Paragraph 1. Should either party not wish to so replace a vehicle, it shall inform the other party by written notice at least 90 days prior to the termination date specified in said notice, whereupon this lease shall terminate as to such vehicle on the termination date so specified or the last day of the maximum lease period for the vehicle, whichever is later. If no such notice is delivered, the other party who wishes to deliver or accept a replacement vehicle and who did not receive such notice shall have the right, upon prompt notice, to extend the term of this lease as to any vehicle with respect to which such notice was not given, for a period of 90 days from the end of the maximum lease period specified above for such vehicle. (b) Upon the occurrence of one or more of the following events: 1. Customer shall fail to make any payment of rent due hereunder; or 2. Customer shall fail to perform or observe any other term, covenant or agreement contained herein, and such failure shall continue unremedied for 10 days following written notice thereof by Lessor; or 3. Customer shall become insolvent or bankrupt or fail to pay its debts as they mature or make an assignment for the benefit of creditors or suffer dissolution or the termination of its existence; or a trustee or receiver shall be appointed for Customer or any or its property; or bankruptcy, reorganization, insolvency or arrangement proceedings or proceedings under any other laws relating to the relief of debtors or similar laws shall be commenced by or against Customer, including, without limitation, a proceeding for reorganization under Chapter X or for an arrangement under Chapter XI of the Federal Bankruptcy Act; or 4. Lessor or its brokers or insurers shall at any time consider Customer to be an undesirable risk, and Customer, within 10 days after receipt of notice thereof, shall not have furnished full liability and damage insurance at least equal to that being provided by Lessor as well as full collision and physical damage insurance for all vehicles (at a reduced rental reflecting decrease in premium expense to Lessor); then Lesser may in its discretion, exercise one or more of the following remedies, to the extent available under applicable law: (;') terminate this Agreement on written notice to Customer, whereupon Customer shall pay to Lessor, as liquidated damages and not as a penalty, the entire unpaid rental for the balance of the maximum lease period remaining for each vehicle; (ii) refuse to deliver or return to Customer any vehicle then in Lessor's possession and cause Customer to return all vehicles at its expense, as provided in Paragraph 8, or enter upon the premises where any or all vehicles are located and take immediate possession thereof, with or without process of law and without liability to Customer for trespass or otherwise for or by reason of such entry or taking possession; (iii) proceed by appropriate court action to enforce the terms hereof or to recover damages for the breach hereof; or (iv) exercise any other right or remedy available under applicable law. In any or all such events Customer shall be liable for all rent or other charges due hereunder before any termination hereof, as well as all costs and expenses, including attorneys' fees and disbursements, incurred by Lessor by reason of any event described in clause (b) above or the exercise of any remedies with respect thereto. Each remedy shall be cumulative and in addition to any other remedy referred to above or otherwise available to Lessor; and the exercise of one or more such remedies shall not preclude the simultaneous or later exercise of any or all such other remedies. 11. Advertisements and Accessories. Customer may at its own expense affix to the vehicles any proper advertisement, accessories or insignia of its own design indicating that it is being used in Customer's service, provided, however, in any such instance, that it has previously obtained written authorization from Lessor, and Customer shall, at its own expense, restore the respective vehicle to its original condition prior to the installation thereof and remove all evidence of the sane at the expiration of the respective lease term to the reasonable satisfaction of Lessor. - 12. Assignment. Customer's interests herein shall not be transferred, whether by way of assignment or by operation of law or otherwise; nor shall Customer sublet any of the vehicles, except with the advance written consent of Lessor. 13. Miscellaneous. EACH VEHICLE IS HEREBY LEASED BY LESSOR TO CUSTOMER AS IS, THERE BEING NO WARRANTIES, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, MADE BY LESSOR IN OR IN CONNECTION WITH THIS AGREEMENT. This document, together with all Schedules and Delivery Receipts, addenda, if any, and Driver's Manual constitutes the entire agreement between the parties hereto. There are no other agreements or understandings affecting this instrument. No term or provision of this Agreement may be changed, waived, supplemented or discharged orally, but only by an instrument in writing signed by the party sought to be charged thereby and, if such party be Lessor, by an executive officer thereof. This is a contract of leasing only, and Customer has acquired and shall assert no right, title, option or interest in or to any vehicle, except as lessee hereunder. Paragraph headings have been inserted for convenience only and shall not 'affect the construction of this Agreement. The failure of either party hereto in one or more instances to insist upon the performance of any of the terms or conditions of this Agreement, or to exercise any right or privilege by this Agreement conferred, or the waiver of any breach of the terms or conditions of this Agreement, shall not be construed as thereafter waiving any such terms or conditions, rights or privileges, but the same shall continue to remain in full force and effect the same as if no forbearance or waiver had occurred. This Agreement in all respects shall be governed by and construed in accordance with the law of the State of New York. 14. Notice. Ali notices required to be given under the terms of this Agreement or which either party hereto may desire to give to the other shall be in writing, signed by or on behalf of the party giving the same, sent by United States registered or certified mail, postage prepaid, addressed to the other party at its address stated above or such other address as either shall hereafter furnish the other in writing, and shall be effective from the date of mailing. 15. Severability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and no such prohibition or unenforceability in any jurisdiction shall invalidate such provision in any other jurisdiction. 16. Security Deposit. Customer has deposited with Lessor the sum of $ as security for the full and faithful performance by Customer of all terms, covenants and agreements of this Agreement upon Customer's part to be performed, which sum shall be returned to Customer upon termination of this Agreement provided Customer has fully and faithfully carried out all such terms, covenants and agreements. Except as herein set forth, or as may be required by applicable law, notwithstanding the provisions hereof, Lessor shall be subject to no restrictions or limitations whatsoever with respect to such funds, nor shall Lessor be obligated to pay or accrue any interest thereon. 17. Assignment of Agreement by Lessor. Lessor may from time to time assign all or any part of its right. title and interest in this Agreement including all moneys and claims for moneys due and to become due to Lessor hereunder. Customer's obligation to pay said moneys to the Assignee, upon prior written notice to Customer by the Assignee, shall be absolute and unconditional and shall not be subject to any defense or setoff. The Assignee shall have no obligation or liability under this Agreement by reason of or arising out of such assignment, nor shall the Assignee be required or obligated in any manner to perform or fulfill any obligations of Lessor under this Agreement. This Agreement and any right or interest created in any Vehicle shall be subject and subordinate to all security interests in such Vehicles heretofore or hereafter granted by Lessor to the Assignee covering such Vehicles; provided, however, that Customer may remain in possession of such Vehicles until expiration of the lease term as long as the Customer shall make due and timely payment to such Assignee of all moneys then and thereafter due hereunder and perform all other covenants and obligations of this Agreement; and provided further that in the event of any default by the Customer the provisions of Paragraph 10 shall apply and all rights and remedies of Lessor shall inure to the Assignee. 18. Avis Rent A Car System, Inc. It is understood and agreed that Avis Rent A Car System, Inc. will administer this Agreement and will perform the functions therein provided to be performed by Lessor. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed in their behalf the day and year first above written. County..of..MQnroe WE TRY HARDER, INC. Customer G�4u4 ray .. t� B Ma %Chai -n :oary� o = ; gmmis ' rs (Title) ATTEST e' Clerk to the Board A • ny. ar ys em, nc. ere •y accepts the foregoing Agreement and agrees to perform the functions therein as provided in Paragraph 18. AVIS RENT A CAR SYSTEM, INC. By (Title) CLD 415 I q�3 » • PRIMARY RATE SCHEDULE DATE: 9/15/78 CAR LEASING THIS RATE SCHEDULE IS PART OF THE AUTOMOBILE LEASE AND SERVICE AGREEMENT DATED 9/15/78 BETWEEN WE TRY HARDER, INC. AND County of Monroe DESCRIPTION OF LEASED VEHICLE BASE MONTHLY RATE $220.00 YEAR 1979 MAKE CHEVROLET CONTRACT IDENTIFICATION MFG'S MODEL DESCRIPTION IMPALA 9 -PASS. S/W MFG'S MODEL NUMBER CHARGES FOR OPTIONAL EQUIPMENT NOT INCLUDED IN THE BASE MONTHLY RATE ALL EQUIPMENT LISTED BELOW IS ■ INCLUDED IN THE BASE MONTHLY RATE DESCRIPTION MONTHLY ONE - TIME ALL FACTORY INSTALLED STANDARD EQUIPMENT 1 i ® ENGINE 805 VS ® POWER STEERING C.I.D. CYL. ® AUTO TRANS. ® POWER BRAKES DISC. ® RADIO AM ® REMOTE L.H. MIRROR TYPE 0 AIR CONDI i ZONING g BODY SIDE MOLDINGS ® TINTED GLASS (ALL) ® INTERIOR ® VINYL ® WHITEWALL TIRES El CLOTH E DGLASS BELTED ® STEEL BELTED ® SEAT BELTS (8 -SEAT iI 2- SHOULDER) 1 ® RUMPFR GUARDS ® STANDARD EMISSION - SYSTEM ® FULL WHEEL COVERS ® WHEEL OPENING monuiG ® POWER TAILGATE ® LUGGAGE RACK ® POWER REAR WINDOW ® STORAGE COMPT. LOCK' ®_QUIET SOUND GROUP ® WOODGRAIN VINYL APP. ® AUX. LIGHTING PKG. ® ROOF DRIP MOLDINGS 4 • a THE BASE MONTHLY RATE INCLUDES UNLIMITED MILEAGE UP TO A MAXIMUM OF 2000 MILES PER MONTH FROM DATE OF DELIVERY. SHOULD MILEAGE ACCUMULATION FOR ANY VEHICLE EXCEED THE ABOVE MENTIONED ALLOWABLE MILEAGE, CUSTOMER WILL PAY AS ADDITIONAL RENTAL FOR THAT VEHICLE A CHARGE OF $.03 PER MILE FOR THE EXCESS MILEAGE. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed this 15th .day of Sept. 197 8 WE TRY HARDER, INC. CUSTO I t ty Mo roe I By B e a o - t. -n • • County Com- Title REGIONAL MANAGER ATTES:}}e 4J0•72,' /-/ "AVIS Leases All Makes... urns ' EVROLET" e ' to the Board CLD 402 A 3 ....r V 7 ' ! -s9 t j s /1 VIS CA /''1 LEASING AUTOMOBILE LEASE AND SERVICE AGREEMENT made as of September 15 19 78 by and between WE TRY HARDER, INC., a Delaware corporation with offices at 900 Old Country Road, Garden City, New York (herein called "Lessor "), and County of Monroe Key West, Fla. 33040 - Off. of Social Sev. having a place of business at P•O.Box: Public Sev. Bldg., Stock Island (herein called "Customer "). W I T N E S S E T H: In consideration of the mutual covenants hereinafter contained, the parties hereto agree for themselves, their , heirs, executors, administrators, representatives ' successors and assigns, as follows: t PLEASE Customer represents that any vehicle leased hereby is used for business, commercial or agricultural purposes, is not used Or primarily for personal, family or household purposes and this agreement is not a "consumer lease" within the meaning of the Consumer Leasing Act of 1976. j INITIAL 1. Term. Lessor hereby agrees to lease to Customer who agrees to hire from Lessor, for the rental and upon the terms and , conditions hereinafter stated, the motor vehicles (herein called the "vehicles ") described from time to time on the "Delivery y Receipt(s)" which upon execution constitute a part hereof the same as if rewritten at length herein, including substituted vehicles, for a term commencing on the respective effective date for each vehicle and terminating as set forth herein. The effective date shall be either the date of delivery to Customer or the date Customer is first notified the vehicle is ready to go into operation, whichever is earlier. Such Delivery Receipt(s) shall be executed in behalf of Customer by the driver of the respective vehicle, or by any other authorized agent of Customer, such execution to be conclusive evidence of receipt of the vehicle in good order and in accordance with this Agreement. 2. Rental. Customer shall pay Lessor, at its address shown above or at such other place as Lessor may by written notice direct, (a) the "Base Monthly Rate" and such further "Charges" for each vehicle as are set forth in the "Primary Rate Schedule" or "Supplemental Rate Schedule ", as the case may be, covering that vehicle (the Primary Rate Schedule(s) and Supplemental Rate Schedule(s) being referred to herein generically as "Schedule(s) "), all of which Schedules are made a part hereof and are fully incorporated herein by reference thereto, or (b) with respect to any vehicle ordered by Customer which is different as to make, model and /or equipment from any vehicle listed on any Schedule then in existence for Customer under this Agreement (i) the Base Monthly Rate for such vehicle, which shall be equal to the Base Monthly Rate stated in the latest dated Primary Rate Schedule for Customer, increased or decreased by the difference between the cost to Lessor of the vehicle (as equipped with those items included in the base monthly rate for that vehicle) covered by the latest dated Primary Rate Schedule and the cost to Lessor of the new vehicle (similarly equipped) being ordered by Customer, divided by the number of months of the minimum term of this Agreement, plus (ii) with respect to additional equipment not included in the Base Monthly Rate for the new vehicle, f, such additional sum as may be charged by Lessor, plus (iii) such further "Charges" as are set forth in the Schedules. In no event shall the rental hereunder be subject to any deduction or offset of any kind or character. Such payments shall commence with respect to each vehicle on the respective effective date and shall continue monthly in advance thereafter on the first day of each succeeding calendar month during the respective lease term. Payments shall be pro-rated for periods involving Less than a full month. In the event that the base manufacturer's price of any vehicle to be leased to Customer hereunder shall be increased or r decreased prior to the time the vehicle is delivered to the Customer's Representative, the Base Monthly Rate for such vehicle shall be increased or decreased by a sum equal to the amount of said increase or decrease, divided by the number of months of the minimum term such vehicle is to be leased to Customer. In those instances when a Schedule is in effect as to a vehicle, for the i purpose of determining the amount of base manufacturer's price increase or decrease, hereunder, the manufacturer's price of such vehicle, comparably equipped, as of the date set forth on the Schedule for that vehicle, shall be considered the base manufacturer's € price. The Base Monthly Rate includes unlimited mileage up to a maximum ofz0Q0 miles per month from the date of delivery of the vehicle. In the event that mileage accumulation for any vehicle exceeds such allowable mileage, Customer shall pay as additional rental for that vehicle a charge of $.03 per mile for the excess mileage. The Base Monthly Rate does not include and 1" Customer shall be responsible and shall be invoiced for the cost of any equipment, accessory or modification required to be installed or made to the vehicle by any Federal, State, Municipal or other governmental law, regulation or ordinance the effective date of which is subsequent to the date of the Schedule covering such vehicle, or, if no Schedule exists with respect to such vehicle, the date on which the vehicle is delivered to Customer. All payments are subject to the imposition of a late charge to be paid by Customer to Lessor in the amount of 2.00% per month or fraction thereof of any rental payment not paid by Customer to Lessor within the first ten (10) F business days of the month. t 3. Maintenance. (a) AV I S shall pay for all necessary servicing and repairs including greasing and anti - freeze; Customer shall pay for all gasoline, oil and cleaning and shall change the crankcase and transmission oil in accordance with manufacturer's recommendations. The vehicles shall be equipped at the time of their initial delivery with five i j new tires, including a spare tire. Customer shall pay for all additional tires. Customer shall not permit any interchange of parts, tires or accessories to be made between the vehicles, or any repairs, additions or adjustments to be made to the vehicles without first i obtaining Lessor's consent unless the total cost thereof is less than $25.00, and in no event shall any repairs, additions or adjustments be made except by an authorized representative of the respective manufacturer. Customer shall comply with instructions furnished by Lessor from time to time concerning the operating and maintenance of vehicles, including those instructions set forth in the Driver's Manual delivered to Customer or its agent at the time of delivery of each vehicle, the terms of which are incorporated herein by reference, and shall reimburse Lessor for the cost of repairs attributable to its failure to perform its obligations specified in this Agreement or to comply with any such instruction. Under no circumstances shall Lessor be liable for any loss of time, business, profits or other damages caused by or resulting from the interruption or cessation, for any reason, of any lease or service provided for in this Agreement. I (b) Where under this Paragraph 3 Lessor is obligated to pay for all necessary servicing and repairs, it shall only be so . obligated upon receipt of itemized invoices which clearly identify the vehicle serviced or repaired and set forth the dates on which service or repairs were performed, and Lessor shall not be obligated to make any payments of invoices presented more than 60 days after the date of performance of such servicing or repairs. If Lessor deems it impracticable or inexpedient to repair any of the vehicles in any instance where Lessor is responsible under this Paragraph 3 to pay for necessary repairs, it may substitute a vehicle in accordance with Paragraph 9 hereof. (c) Where under this Paragraph 3 Lessor is obligated to pay for all necessary servicing and repairs, the following provisions shall also be applicable: 1. Lessor may, at its sole option, issue to the assigned operator of each vehicle one or more service coupon packets which will enable said operator to obtain service for the vehicle, in the manner and at the intervals as specified on such coupons, at a cost directly chargeable to Lessor. Customer agrees to use the coupons as provided for service of the vehicles unless Lessor agrees in writing to waive this requirement. 2. Lessor reserves the right, at any time and from time to time, upon written notice to Customer, to modify, cancel or replace said coupons. Customer agrees to return or cause to be returned to Lessor promptly all canceled, modified or replaced coupons, and in any event to return unused coupons when the vehicle is returned to Lessor. 3. In consideration of the issuance of such coupons, Customer agrees to indemnify Lessor and hold it harmless for any and all expenses and costs arising from the use of the coupons after return of the vehicle to Lessor or after Customer has been notified of the modification, cancellation or replacement thereof, or otherwise than for service to the vehicles in accordance with this Paragraph 3(c) and with the terms of the coupons, until the unused coupons, if any, are surrendered to Lessor at its address set forth in the Agreement or until receipt by Lessor of written notice that said coupons have been lost or stolen. 4. Registration and Taxes. The vehicles shall, at the expense of CUSTOMER , be titled and /or registered by Customer in the name of Lessor; provided, nevertheless, that, where Lessor bears the expense under this Paragraph 4, Lessor's responsibility shall be limited to one registration per vehicle per registration year. In no event shall Lessor be obligated to pay any registration fee in excess of that in effect on the date of this Agreement. Customer shall pay the cost of all necessary vehicle inspections and shall pay Lessor an amount equal to all taxes and fees whatsoever assessed or imposed by any govern- mental authority with respect to the rental payments hereunder, or the purchase, operation, ownership, maintenance or use of the vehicles, other than the Federal Manufacturers' Excise Tax, if any, in effect on the date hereof with respect to those items supplied by Lessor. If a vehicle is returned by Customer to Lessor with expired license plates, whether or not during a licensing grace period, Customer will pay Lessor any penalties imposed by law in connection with any subsequent licensing or registration of such vehicle resulting therefrom. Customer shall keep Lessor advised of the name and home address of the current drivers to whom the vehicles are assigned, and Customer shall indemnify and pay Lessor upon demand any cost incurred by Lessor resulting from Customer's failure to comply with provisions of this paragraph. 5. Insurance and Indemnification. (a) CUSTOMER shall at its expense furnish primary automobile liability and property damage insurance under a standard form automobile policy, as well as "no fault" benefits provided by law, for each vehicle protecting the interests of Lessor and its affiliates and Customer and its drivers with limits of coverage of not less $250,000 for injury to or death of one person and, subject to that limit for each person, $500,000 for all persons injured or killed in the same accident, and $50,000 for damage, destruction and /or loss of use of property as a result of any one accident, excluding damage to, or destruction of, property owned by or rented to, in charge of, or transported by Customer, its drivers or any person operating the vehicles. If such insurance is to be furnished by Customer, it shall contain terms and conditions satisfactory to Lessor, and Customer shall furnish Lessor with a current endorsement or certificate thereof, satisfactory in form and substance to Lessor. Such insurance, if provided by Lessor, specifically shall exclude any liability for bodily injury to any employee or fellow employee of Customer arising out of or in the course of employment by or with Customer or liability imposed upon or assumed by Customer under any Workmen's Compensation Act, Plan or Law and /or Contract of whatever nature, it being expressly understood and agreed that Lessor shall not be required to provide any insurance other than as stated herein. (b) Customer will indemnify, defend and hold harmless Lessor from and against any and all loss, claims, liability, suits, costs and expense, including attorneys' fees and disbursements caused by or arising from the use or operation, condition (including without limitation latent or other defects whether or not discoverable by Lessor), loading or unloading of the vehicles or out of the conduct of Customer's business, and irrespective of any acts or omissions of Lessor, negligent or otherwise, including, without limitation, loss or, damage to or loss of use of property or bodily injury or death sustained by third persons or the agents, servants or drivers of Customer or Lessor, to the extent the same shall not be covered and protected by the aforesaid insurance (if any) furnished by Lessor hereunder, or, if covered, in excess of the applicable liability limits. Customer, its drivers, servants, and agents will cooperate fully with Lessor and the insurance carriers insuring the hazards enumerated in this Paragraph in the investigation, defense and prosecution of any and all claims or suits arising from the operation of the vehicles and will make prompt report to Lessor of the occurrence of any and all accidents, collisions or damage or loss which occur while a vehicle is in the care, custody or control of Customer, its driver, agent or servant and shall promptly deliver to Lessor, or such other entity as Lessor may direct, any and all papers, notices and documents served upon or delivered to Customer, its drivers, servants or agents in connection with any claim, suit, action or proceeding commenced or threatened and arising out of the ojperation of any vehicle. In the event that the cost per vehicle to Lessor of any insurance provided by Lessor shall be increased during the lease term, the amount of such increase per vehicle per month may be added thereafter to the Rental hereunder. (c) If insurance is being furnished by Lessor hereunder, Customer or its driver(s), or both, will be required to complete an Insurance Information Certificate which Customer understands is required by Lessor for the purpose of determining the insurability of Customer and such drivers with regard to motor vehicle insurance furnished pursuant to this Agreement. Customer certifies that each statement made or to be made and information furnished or to be furnished in such certificate is or will be true and correct when made or furnished. If any of the information contained in any such Certificate shall prove to be incorrect, Lessor may in its sole discretion, any other provision of the Agreement to the contrary notwithstanding: 1. Terminate the Agreement forthwith upon written notice to Customer and exercise all rights and enforce all obligations arising under said Agreement upon a termination thereof, or 2. In the event that Lessor elects to and can provide insurance for Customer and its drivers under any insurance eating plan in force in the territory of garaging of the leased vehicle which provides additional premium or surcharge on the basis of experience, record, or point scores, then Lessor may increase the Monthly Rental, retroactive to the commencement of the lease term for each vehicle affected, to cover said increased cost of insurance. 6. Vehicle Damage. (a) Lessor shall, as to each of the vehicles, relieve Customer of all liability for loss or damage by any cause whatsoever, including, without limitation, casualty, collision, upset, malicious mischief, vandalism, falling objects, missiles, glass breakage, fire, smoke, water, smudge or theft (which Customer shall substantiate by furnishing a police report or other docu- mentation satisfactory to Lessor), in excess of $100, but Customer shall reimburse Lessor upon receipt of its invoice (a) up to the first $100 of any such loss or damage arising out of each incident or event and (b) the full amount of all loss or damage resulting from theft or conversion by any of Customer's drivers, agents or authorized operators or deliberately caused by Customer or any operator authorized by Customer, or resulting from any violation of the terms or conditions of this Agreement or any reckless, abusive or careless handling of the vehicles by Customer or any such operator, or, with respect to collision or upset loss or damage, caused by the negligent operation of a vehicle under the ownership or control of Customer, other than a vehicle leased to Customer by Lessor. Lessor shall attempt to recover for such reimbursed losses or damages from third parties liable therefor and shall remit to Customer a part of the respective recovery, less out -of- pocket expenses, which bears the same ratio as the amount reimbursed I 1 by Customer bears to the total amount sought to be recovered. Notwithstanding any contrary provision of this Agreement, at any • time prior to or upon termination of this Agreement as to each vehicle, Customer agrees to make prompt payment to Lessor for the s • full amount of any damages, howsoever caused, not reported to Lessor as required by this Agreement. ANYTHING IN THIS AGREEMENT TO THE CONTRARY NOTWITHSTANDING, THIS PARAGRAPH 6 (a) SHALL HAVE NO FORCE AND EFFECT IF CUSTOMER IS TO FURNISH LIABILITY AND PROPERTY DAMAGE INSURANCE PURSUANT TO PARA- j GRAPH 5(a) OF THIS AGREEMENT. I (b) Customer shall, as to each of the vehicles, bear all risk of loss or damage and pay all costs of repairs and replacements, resulting from or caused by any source whatsoever, including, without limitation, casualty, collision, upset, malicious mischief, vandalism, falling objects, missiles, glass breakage, fire, smoke, water, smudge, theft, conversion by operators or other agents, riot i or civil commotion (whether or not caused by the acts or omissions of Lessor). In the event any vehicle shall be adjudged by Lessor to be a total loss or in the event of a theft (which Customer must substantiate by furnishing a police report or other docu -. I mentation satisfactory to Lessor), Customer will reimburse Lessor upon demand for the greater of (a) the fair market value, or (b) Lessor book value thereof immediately preceding such loss. The rental for the vehicle shall not abate until Lessor has received the full reimbursement payment. Unless permission to self insure for these obligations is given in writing by Lessor, Customer shall maintain collision and comprehensive insurance, protecting Lessor against loss or damage, which insurance shall contain terms : satisfactory to Lessor, including designation of loss payee and named assured, and be evidenced by a certificate furnished to Lessor, in form and substance satisfactory to it. Without limiting the generality of any of the foregoing, at any time prior to or upon termination of this Agreement as to each vehicle, Customer agrees to make prompt payment to Lessor for the full amount of any damages, howsoever caused, not reported to Lessor as required by this Agreement. ANYTHING IN THIS AGREEMENT TO THE CONTRARY NOTWITHSTANDING, THIS PARAGRAPH 6 (b) SHALL HAVE NO FORCE AND EFFECT IF LESSOR IS TO FURNISH LIABILITY AND PROPERTY DAMAGE INSURANCE PURSUANT TO PARAGRAPH 5 (a) OF THIS AGREEMENT. 7. Vehicle Operation and Use. Customer shall permit and authorize the vehicles to be operated only by licensed drivers § who are selected, employed and controlled by Customer, or members of the household of such employees, provided all drivers are 25 years of age or older, all said drivers being conclusively presumed to be the agents or servants of Customers only, and Customer shall require them to operate the vehicles with reasonable care and diligence, and to use every reasonable precaution to prevent loss or damage thereto or to third persons or their property. Upon written notice from Lessor specifying any reckless, careless or abusive handling of any vehicles, Customer shall remove such driver or drivers and substitute therefor other such drivers as soon as it is reasonably possible to do so. Without modifying or enlarging the foregoing, it is expressly agreed and understood that any f insurance coverage at anytime furnished by Lessor shall apply only to persons operating a vehicle with the express or implied con- sent of Lessor or Customer. Customer shall remove all property from the vehicles before transferring possession thereof to Lessor 1 at any time and Customer shall indemnify, defend and hold harmless Lessor from and against any loss, claims, suits, liability, costs I and expense, including attorneys' fees and disbursements, caused by or arising out of the loss or theft of or damage to any property left in or upon the vehicles at any time or place, including, without limitation, while under the care, custody or control of Lessor and irrespective of whether said loss, theft or damage was caused by or related to the negligence of Lessor. Customer shall not permit the vehicles to be operated or used outside of the contiguous forty -eight states and the Dominion of Canada, other than r upon a paved road, public highway, graded road or driveway, for illegal purposes, as a public livery or conveyance, to tow a trailer or other object, or to transport property which is explosive, radioactive or inflammable. It is expressly understood and agreed that notwithstanding any other provision of this Agreement any station wagons that may be leased under this Agreement may not be used for the transportation of property of any kind. Customer shall indemnify, defend and hold Lessor harmless from all claims, suits, loss, costs, liability, fines, forfeitures, penalties and expense, including attorneys' fees and disbursements, caused by or arising I out of or in connection with any seizure of the vehicles for speeding, reckless or careless driving or the violation of any statute, regulation or ordinance of any constituted public authority, including any and all parking and traffic violations. Y 8. Condition of Vehicles at Termination. (a) Customer shall, on or before the date of expiration or earlier termination of this Agreement as to any or all of the vehicles, return each such vehicle at Customer's expense to Lessor at a place designated by Lessor in the same general vicinity in which the vehicle is then garaged, in as good condition and appearance as it was when received by Customer, ordinary wear excepted, together with all license plates, registration and /or title documents or similar documents. It is understood and agreed that the standard for ordinary wear for a station wagon shall be identical to that of an ordinary passenger vehicle. The vehicle as returned shall also meet all government safety and environmental standards and regulations then in effect for that vehicle. Should any vehicle not be returned in the condition and appearance required hereby, or meeting the regulations j referred to above, Customer shall pay or reimburse Lessor upon demand for all costs of restoring the vehicle to such condition ¢: and appearance. • (b) In addition to the provisions of this Agreement concerning the maintenance, insurance, repair and return of each vehicle, Customer further agrees with Lessor that upon the return of each vehicle to Lessor, as provided in this Paragraph 8, Lessor will t: cause the vehicle to be inspected by an independent third party in order to determine the extent to which the vehicle is in the condition required by this Agreement and the costs, if any, of restoring, repairing and servicing the vehicle so that it may be in • such condition. A copy of each inspection report will be furnished to Customer. The judgment of such third party as to the con- dition of the vehicle and the costs of repair, service and restoration thereof shall be final and binding on the parties and Customer agrees to pay such sum to Lessor upon being invoiced therefor. Notwithstanding anything to the contrary contained in this Agreement, Customer shall not be required to pay the restoration of any item which is the responsibility of Lessor under Paragraph 3 of the Agreement. ( 9. Substitution of Vehicles. Lessor may from time to time substitute substantially similar vehicles for any of the vehicles. The parties shall with respect to such substitute vehicle execute a Delivery Receipt which shall constitute a part hereof in place of the Delivery Receipt for the vehicle replaced for purposes of applying the mileage accumulated by the replaced vehicle prior to its replacement, and the effective date of the lease term as to any substitute vehicle shall be the date of its delivery to Customer and i not the effective date as to the replaced vehicle; the term of lease of the substituted vehicle shall be defined in Paragraph 10 hereof i unless otherwise agreed to in writing by Lessor. 10. Termination. (a) Each vehicle is leased for a term of not less than 9n months ( "minimum term ") or more than24 months ( "maximum term "). It is contemplated that each vehicle shall be replaced, arthe end of the lease term thereof, by another vehicle i delivered in accordance with Paragraph 1. Should either party not wish to so replace a vehicle, it shall inform the other party by written notice at least 90 days prior to the termination date specified in said notice, whereupon this lease shall terminate as to such vehicle on the termination date so specified or the last day of the maximum lease period for the vehicle, whichever is later. If no such notice is delivered, the other party who wishes to deliver or accept a replacement vehicle and who did not receive such notice 1 shall have the right, upon prompt notice, to extend the term of this lease as to any vehicle with respect to which such notice was not given, for a period of 90 days from the end of the maximum lease period specified above for such vehicle. A (b) Upon the occurrence of one or more of the following events: a 1. Customer shall fail to make any payment of rent due hereunder; or 2. Customer shall fail to perform or observe any other term, covenant or agreement contained herein, and such failure shall continue unremedied for 10 days following written notice thereof by Lessor; or [ 3. Customer shall become insolvent or bankrupt or fail to pay its debts as they mature or make an assignment for the benefit l of creditors or suffer dissolution or the termination of its existence; or a trustee or receiver shall be appointed for Customer or any or its property; or bankruptcy, reorganization, insolvency or arrangement proceedings or proceedings under any other laws relating to the relief of debtors or similar laws shall be commenced by or against Customer, including, without !' limitation, a proceeding for reorganization ender Chapter X or for an arrangement under Chapter XI of the Federal = Bankruptcy Act; or 4. Lessor or its brokers or insurers shall at any time consider Customer to be an undesirable risk, and Customer, within 10 • days after receipt of notice thereof, shall not have furnished full liability and damage insurance at least equal to that being provided by Lessor as well as full collision and physical damage insurance for all vehicles (at a reduced rental - reflecting decrease in premium expense to Lessor); then Lessor may in its discretion, exercise one or more of the following remedies, to the extent available under applicable law: (i) terminate this Agreement on written notice to Customer, whereupon Customer shall pay to Lessor, as liquidated damages and not as a penalty, the entire unpaid rental for the balance of the maximum lease period remaining for each vehicle; (ii) refuse to deliver or return to Customer any vehicle then in Lessor's possession and cause Customer to return all vehicles at its expense, as provided in Paragraph 8, or enter upon the premises where any or all vehicles are located and take immediate possession thereof, with or without process of law and without liability to Customer for trespass or otherwise for or by reason of such entry or taking possession; (iii) proceed by appropriate court action to enforce the terms hereof or to recover damages for the breach hereof; or (iv) exercise any other right or remedy available under applicable law. In any or all such events Customer shall be liable for all rent or other charges due hereunder before any termination hereof, as well as all costs and expenses, including attorneys' fees and disbursements, incurred by Lessor by reason of any event described in clause (b) above or the exercise of any remedies with respect thereto. Each remedy shall be cumulative and in addition to any other remedy referred to above or otherwise available to Lessor; and the exercise of one or more such remedies shall not preclude the simultaneous or later exercise of any or all such other remedies. 11. Advertisements and Accessories. Customer may at its own expense affix to the vehicles any proper advertisement, accessories or insignia of its own design indicating that it is being used in Customer's service, provided, however, in any such instance, that it has previously obtained written authorization from Lessor, and Customer shall, at its own expense, restore the respective vehicle to its original condition prior to the installation thereof and remove all evidence of the same at the expiration of the respective lease term to the reasonable satisfaction of Lessor. 12. Assignment. Customer's interests herein shall not be transferred, whether by way of assignment or by operation of law or otherwise; nor shall Customer sublet any of the vehicles, except with the advance written consent of Lessor. 13. Miscellaneous. EACH VEHICLE IS HEREBY LEASED BY LESSOR TO CUSTOMER AS IS, THERE BEING NO WARRANTIES, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, MADE BY LESSOR IN OR IN CONNECTION WITH THIS AGREEMENT. This document, together with all Schedules and Delivery Receipts, addenda, if any, and Driver's Manual constitutes the entire agreement between the parties hereto. There are no other agreements or understandings affecting this instrument. No term or provision of this Agreement may be changed, waived, supplemented or discharged orally, but only by an instrument in writing signed by the party sought to be charged thereby and, if such party be Lessor, by an executive officer thereof. This is a contract of leasing only, and Customer has acquired and shall assert no right, title, option or interest in or to any vehicle, except as lessee hereunder. Paragraph headings have been inserted for convenience only and shall not affect the construction of this Agreement. The failure of either party hereto in one or more instances to insist upon the performance of any of the terms or conditions of this Agreement, or to exercise any right or privilege by this Agreement conferred, or the waiver of any breach of the terms or conditions of this Agreement, shall not be construed as thereafter waiving any such terms or conditions, rights or privileges, but the same shall continue to remain in full force and effect the same as if no forbearance or waiver had occurred. This Agreement in all respects shall be governed by and construed in accordance with the law of the State of New York. 14. Notice. All notices required to be given under the terms of this Agreement or which either party hereto may desire to give to the other shall be in writing, signed by or on behalf of the party giving the same, sent by United States registered or certified mail, postage prepaid, addressed to the other party at its address stated above or such other address as either shall hereafter furnish the other in writing, and shall be effective from the date of mailing. 15. Severability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and no such prohibition or unenforceability in any jurisdiction shall invalidate such provision in any other jurisdiction. 16. Security Deposit. Customer has deposited with Lessor the sum of $ NONE as security for the full and faithful performance by Customer of all terms, covenants and agreements of this Agreement upon Customer's part to be performed, which sum shall be returned to Customer upon termination of this Agreement provided Customer has fully and faithfully carried out all such terms, covenants and agreements. Except as herein set forth, or as may be required by applicable law, notwithstanding the provisions hereof, Lessor shall be subject to no restrictions or limitations whatsoever with respect to such funds, nor shall Lessor be obligated to pay or accrue any interest thereon. 17. Assignment of Agreement by Lessor. Lessor may from time to time assign all or any part of its right. title and interest in this Agreement including all moneys and claims for moneys due and to become due to Lessor hereunder. Customer's obligation to pay said moneys to the Assignee, upon prior written notice to Customer by the Assignee, shall be absolute and unconditional and shall not be subject to any defense or setoff. The Assignee shall have no obligation or liability under this Agreement by reason of or arising out of such assignment, nor shall the Assignee be required or obligated in any manner to perform or fulfill any obligations of Lessor under this Agreement. This Agreement and any right or interest created in any Vehicle shall be subject and subordinate to all security interests in such Vehicles heretofore or hereafter granted by Lessor to the Assignee covering such Vehicles; provided, however, that Customer may remain in possession of such Vehicles until expiration of the lease term as long as the Customer shall make due and timely payment to such Assignee of all moneys then and thereafter due hereunder and perform all other covenants and obligations of this Agreement; and provided further that in the event of any default by the Customer the provisions of Paragraph 10 shall apply and all rights and remedies of Lessor shall inure to the Assignee. 18. Avis Rent A Car System, Inc. It is understood and agreed that Avis Rent A Car System, Inc. will administer this Agreement and will perform the functions therein provided to be performed by Lessor. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed in their behalf the day and year first above written. County..of..Manr.Qe WE TRY HA E' INC. Customer 1 By B Mayo % C i• .n o r o �i�► r yriggmmissiongrs ATTEST .� Clerk to the Board (Title) A • ' ar ys em, nc. ere •y accepts the foregoing Agreement and agree to perform the functions therein as provided in Paragraph 18. AVIS RENT A CAR SYSTEM, INC. By (Title) CLD 415 • • 0 VV . , TRY HAI L 1: 'f' >> r; s : ■■ 759.4351 AVIS CAS LEASING ADDENDUM Addendum to Automobile Lease and Service Agreement dated, September 15 , 19 , between Avis Rent A Car Systems, Inc. (WE TRY HARDER, INC.), and County of Monroe Paragraph (3) Maintenance is ammended as follows: Avis agrees to pay for oil changes and lubrications; Customer pays for oil between changes. ALL OTHER PROVISIONS REMAIN IN EFFECT. a . AVIS RENT A CAR SYSTEMS, INC. WE TRY -HARDER, INC. t .� BYE • County `6f Monroe Customer l mayor /Ch 'rman Boa ir- uty ty September tember 15,1978 Co ss e • Dated: ATTE S T Cle to the Boarc? • AVIS ADDENDUM Addendum dated September 15,1978 between We Try Harder, Inc. , a Delaware Corporation and County of Monroe to automobile lease agreement dated SPptpmher 15,1978 You are hereby notified that the undersigned, We Try Harder, Inc. , has assigned all rentals and other monies being paid by you to the undersigned pursuant to the Agreement of Lease dated September 15,1978 between the undersigned and you as collateral security for certain obligations of the undersigned. You are hereby directed to make all rental payments pursuant to said Agreement of Lease to the order of The Bank of New York and send said checks to The Bank 'of New York at P.O. Box 11192, New York, New York. This direction may not be revoked by the undersigned without the written concurrence of The Bank of New York. Please acknowledge your acceptance of this direction by signing this addendum in the space provided below. WE TRY HARDER, INC. 1 By: , t . The undersigned acknowledges receipt of the foregoing direction and agrbes to make the payments referred to above to The Bank of New York at the office refer- red to above unless otherwise notified by said Bank. By: Title: Mayor/Chairman Board ,,of County Commissioners ATT.ES`l\i f Clerk to the Board Date: Pn em er CLD 442 z .A VIS PRIMARY RATE SCHEDULE DATE: 9/15/78 CAR LEASING THIS RATE SCHEDULE IS PART OF THE AUTOMOBILE LEASE AND SERVICE AGREEMENT DATED 9/15/78 BETWEEN WE TRY HARDER, INC. AND County of Monroe DESCRIPTION OF LEASED VEHICLE BASE MONTHLY RATE $220.00 YEAR 1979 MAKE CHEVROLET CONTRACT IDENTIFICATION MFG'S MODEL DESCRIPTION IMPALA 9 -PASS, S/W MFG'S MODEL NUMBER CHARGES FOR OPTIONAL EQUIPMENT NOT ALL EQUIPMENT LISTED BELOW IS INCLUDED IN THE BASE MONTHLY RATE INCLUDED IN THE BASE MONTHLY RATE 1 DESCRIPTION MONTHLY ONE - TIME ALL FACTORY INSTALLED STANDARD EQUIPMENT $ $ ® ENGINE 305 V8 ® POWER STEERING C.I.D. CYL. ® AUTO TRANS. ® POWER BRAKES DISC ® RADIO AM ® REMOTE L.H. MIRROR TYPE E AIR CONDITIONING El BODY SIDE MOLDINGS ® TINTED GLASS (ALL) ►:t INTERIOR VINYL ® WHITEWALL TIRES ❑CLOTH D GLASS BELTED ® STEEL BELTED ® SEAT BEI TS (R -SFAT 2- SHOULDER) ® BUMPER GUARDS ® STANDARD FMTSSTON SYSTEM ® FULL WHEEL COVERS . ® WHFFI DPFNTNr M0I D. ® POWER TAILGATE 0- --IX ® POWER REAR WINDOW e ►-a `tit :..t, r.!!,1 t ititire∎, ® QUIET SOUND GROUP 0 c: I: f,t_n..m±'!it' a,l'At .2.41 ® AUX. LIGHTING PKG. ®'`rid • ,-] Pac ® ROOF DRIP MOLDINGS El THE BASE MONTHLY RATE INCLUDES UNLIMITED MILEAGE UP TO A MAXIMUM OF 9n�n�nn MILES PER MONTH FROM DATE OF DELIVERY. SHOULD MILEAGE ACCUMULATION FOR ANY VEHICLE EXCEED THE ABOVE ME'N1Y� JED ALLOWABLE MILEAGE, CUSTOMER WILL PAY AS ADDITIONAL RENTAL FOR THAT VEHICLE A CHARGE OF $.03 PER MILE FOR THE EXCESS MILEAGE. IN WITNESS WHEREOF, th . -s hereto . caused this instrument to be executed this 15th_day ofSppt_ , 1978 WE TRY HARDER, IN CUSTOMER By j .. o , Monro may .. Title REGIONAL MANAGER T . .ayor w 1"Illan 7- __•.1.,.g, ,. - Iners "AVIS Leases All Makes. A • res C arArdri �' #jI " 4..1" CLD 402 A CUSTOMER AV/S • CAR LEASING PRIAMRY RATE SCHEDULE DATE: 9 /15/78 THIS RATE SCHEDULE IS PART OF THE AUTOMOBILE LEASE AND SERVICE AGREEMENT DATED 9/15/78 BETWEEN WE TRY HARDER, INC. AND County of Monroe DESCRIPTION OF LEASED VEHICLE BASE MONTHLY RATE $220.00 YEAR 1979 MAKE CHEVROLET CONTRACT IDENTIFICATION MFG'S MODEL DESCRIPTION IMPALA 9 -PASS. S/W MFG'S MODEL NUMBER CHARGES FOR OPTIONAL EQUIPMENT NOT ALL EQUIPMENT LISTED BELOW IS INCLUDED IN THE BASE MONTHLY RATE INCLUDED IN THE BASE MONTHLY RATE I DESCRIPTION MONTHLY ONE - TIME ALL FACTORY INSTALLED STANDARD EQUIPMENT $ $ N ENGINE 305 V8 N POWER STEERING C.I.D. CYL. N AUTO TRANS. ® POWER BRAKES DISC N RADIO AM N REMOTE L.H. MIRROR TYPE Ni AIR CONDITIONING N BODY SIDE MOLDINGS N TINTED GLASS(ALL) El INTERIOR Xu VINYL ® WHITEWALL, TIRES ❑ CLOTH 0GLASS BELTED Cg STEEL BELTED ® SEAT BELTS (8 -SEAT 2- SHOULDER) N BUMPER GUARDS N STANDARD FMTSSTDN SYSTEM N FULL WHEEL COVERS N WHFFL OPFNTND MOM. N POWER TAILGATE 13 intffinftegAleirir _ , N POWER REAR WINDOW N SROINSINCOMIX34 co ® QUIET SOUND GROUP w , :4,, . r O. .:+:r N AUX. LIGHTING PKG. ®Value Appearance Package ® ROOF DRIP MOLDINGS N THE BASE MONTHLY RATE INCLUDES DELIVERY. SHOULD MILEAGE UNLIMITED MILEAGE MAXIMUM EAGE ACCUMULATIONFOR ANYVEHICLE EXCEED HE ABOVE MENTI MILEAGE, CUSTOMER WILL PAY AS ADDITIONAL RENTAL FOR THAT VEHICLE A CHARGE OF $.03 PER MILE FOR THE EXCESS MILEAGE. IN WITNESS WHEREOF e parties hereto have caused this instrument to be executed thisl5th. day of Sept. 197 $ WE TRY HARDE', IN - CUSTO ER 41.........0 Mon-.e : Title REGIONAL MANAG i. • lr 80. o. � / ; - .emmissioner Attest' _ . / "AVIS Leases All Makes... Featur FM CLD 402 A CUSTOMER AVIS PRIMARY RATE SCHEDULE DATE: 9/15/78 • CAR LEASING THIS RATE SCHEDULE IS PART OF THE AUTOMOBILE LEASE AND SERVICE AGREEMENT DATED 9/15/78 BETWEEN WE TRY HARDER, INC. AND County of Monroe DESCRIPTION OF LEASED VEHICLE BASE MONTHLY RATE $220.00 YEAR 1979 MAKE CHEVROLET CONTRACT IDENTIFICATION MFG'S MODEL DESCRIPTION IMPALA 9 -PASS. S/W MFG'S MODEL NUMBER CHARGES FOR OPTIONAL EQUIPMENT NOT ALL EQUIPMENT LISTED BELOW IS INCLUDED IN THE BASE MONTHLY RATE INCLUDED IN THE BASE MONTHLY RATE DESCRIPTION MONTHLY ONE - TIME ALL FACTORY INSTALLED STANDARD EQUIPMENT $ $ ® ENGINE 305 V8 ® POWER STEERING C.I.D. CYL. n ® AUTO TRANS. E POWER BRAKES DISC. ® RADIO A M ® REMOTE L.H. MIRROR TYPE CS AIR CONDITIONING N BODY SIDE MOLDINGS ® TINTED GLASS (ALL) El INTERIOR ®VINYL ® WHITEWALL TIRES ❑CLOTH 0 GLASS BELTED ® STEEL BELTED ® SEAT BELTS (8 -SEAT 2- SHOULDER) ® RUMPFR GUARDS ® STANDARD EMISSION SYSTEM ® FULL WHEEL COVERS ® WHEEL OPENING MODITIG ® POWER TAILGATE N UMNAMMCK ® POWER REAR WINDOW 13LERNAKEMEMATOM ® QUIET SOUND GROUP El revgampagypcupc, ® AUX. LIGHTING PKG. ®Value Appearance Package ® ROOF DRIP MOLDINGS THE BASE MONTHLY RATE INCLUDES UNLIMITED MILEAGE UP TO A MAXIMUM OF 2000 MILES PER MONTH FROM DATE OF DELIVERY. SHOULD MILEAGE ACCUMULATION FOR ANY VEHICLE EXCEED THE ABOVE MENTIONED ALLOWABLE MILEAGE, CUSTOMER WILL PAY AS ADDITIONAL RENTAL FOR THAT VEHICLE A CHARGE OF $.03 PER MILE FOR THE EXCESS MILEAGE. AN WITNESS WHEREOF . parties hereto have caused this instrument to be executed this 15th.day of Sept, , 197 8 'E TRY HARDER ` CUSTO i ' � BA,' . 0 ty Mo roe I REGIONAL M ANA ATTES r . o t�ri . _ - • County COM "AVIS Leases All Makes... -. ur s ' VROLET" e ' to the Board A CUSTOMER AI/ /S PRIAMRY RATE SCHEDULE DATE: 9/15/78 CAR LEASING THIS RATE SCHEDULE IS PART OF THE AUTOMOBILE LEASE AND SERVICE AGREEMENT DATED 9/15/78 BETWEEN WE TRY HARDER, INC. AND County of Monroe DESCRIPTION OF LEASED VEHICLE BASE MONTHLY RATE $220.00 YEAR 1979 MAKE CHEVROLET CONTRACT IDENTIFICATION MFG'S MODEL DESCRIPTION IMPALA 9 -PASS. S/W MFG'S MODEL NUMBER CHARGES FOR OPTIONAL EQUIPMENT NOT ALL EQUIPMENT LISTED BELOW IS INCLUDED IN THE BASE MONTHLY RATE • INCLUDED IN THE BASE MONTHLY RATE DESCRIPTION MONTHLY ONE - TIME ALL FACTORY INSTALLED STANDARD EQUIPMENT $ $ 1 ENGINE 305 V8 ® POWER STEERING C.I.D. CYL. ® AUTO TRANS. ® POWER BRAKES DISC ® RADIO AM ® REMOTE L.H. MIRROR TYPE IZ AIR CONDITIONING El BODY SIDE MOLDINGS ® TINTED GLASS (ALL) 0 INTERIOR EXVINYL ® WHITEWALL TIRES ❑ CLOTH ❑GLASS BELTED [i STEEL BELTED ® SEAT BELTS (8 -SEAT 2- SHOULDER) • RIIMPFR GUARiIs ® STANDARD EMISSION SYSTEM • FUIL WHEFL COVERS ® WHEEL OPENING MOLD. ® POWER TATI GATF ® XIX(IPAAXNYAUX • POWFR RFAR WINDOW # A MTPXX i ® QIITFT SOIINQ GROUP ® 111 '(X N*KKIX#i' nNti, ® AIIX. LIGHTING PKG. ®Value Appearance Package ® ROOF RIP MOI DINGS El THE BASE MONTHLY RATE INCLUDES UNLIMITED MILEAGE MAXIMUM MILES DELIVERY. SHOULD MILEAGE ACCUMULATIONFOR ANYVEHICLE EXCEED HE ABOVE MEWfrdNEDALLOWABLE MILEAGE, CUSTOMER WILL PAY AS ADDITIONAL RENTAL FOR THAT VEHICLE A CHARGE OF $.03 PER MILE FOR THE EXCESS MILEAGE. IN WITNESS WHEREOF, th parties ereto hav caused this instrument to be executed this_laliclay of Sept.. 197 8 WE TRY HARDER, INC. CUSTO■' -R . . Co y of Monroe By i =4111 Title REGIONAL MANAGER cCha'rma oar • Aunty Commission Ate ,1�7�� „ �i�;r�� "AVIS Leases All Makes... . . - v CLD 402 A CUSTOMER