2. 07/30/1974 Agreement Avis Rent A Car System, Inc. / 175 Crossways Park West / Woodbury, New York 11797 / Tel. 516- 364 -0900
A
CAR LEASING DIVISION
AUTOMOBILE LEASE AND SERVICE AGREEMENT
THIS CONTRACT REPLACES AND SUPERSEDES AGREEMENT DATED: AUGUST 5, 1972
AGIZUMENT made as of JULY 30, j974 by and between Avis Rent A Car System, Inc.. a
Delaware corporation with offices at 900 Old Country Road, Garden City, New York (herein called "Avis"), and
MONROE COUNTY COMMISSIONERS
living a place of business at 1'.O.LQ 1029 I Y WEST, k'LORIDA 33040 (herein called "Customer — )
which in both instances shall include their heirs, successors, legal representatives and assigns,
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1 WITNESSETH:
1 Term. Avis hereby agrees to lease to Customer who agrees to hire from or other damages caused by or resulting from the interruption or cessation, for
Avis, for the rental and upon the terms and conditions hereinafter stated, the any reason, of any lease or service provided for in this Agreement.
motor vehicles (herein called the "vehicles ") described from time to time cn the (b) Where under this Paragraph 3 Avis is obligated to pay for all necessary
"Delivery Receipt(s)" which upon execution constitute a part hereof the same servicing and repairs, it shall only be so obligated upon receipt of itemized
as if rewritten at length herein, including substituted vehicles, for a term invoices which clearly identify the vehicle serviced or repaired and set forth the
commencing on the respective effective date for each vehicle and terminating as dates on which service or repairs were performed, and Avis shall not be
set forth herein. The effective date shall be either the date of delivery to obligated to make any payments of invoices presented more than 60 days after
Customer or the date Customer is first notified the vehicle is ready to go into the date of performance of such servicing or repairs. If Avis deems it
operation, whichever is earlier. Such Delivery Receipt(s) shall be executed in impracticable or inexpedient to repair any of the vehicles in any instance where
behalf of Customer by the driver of the respective vehicle, or by any other Avis is responsible under this Paragraph 3 to pay for necessary repairs, it may
authorized agent of Customer, such execution to be conclusive evidence of substitute a vehicle in accordance with Paragraph 9 hereof.
. receipt of the vehicle in good order and in accordance with this Agreement. (c) Where under this Paragraph 3 Avis is obligated to pay for all necessary
2. Rental. Customer shall pay Avis, at its address shown above or at such servicing and repairs, the following provisions shall also be applicable:
other place as Avis may by written notice direct, (a) the "Base Monthly Rate" 1. Avis may, at its sole option, issue to the assigned operator of each vehicle
and such further "Charges" for each vehicle as are set forth in the "Primary one or more service coupon packets which will enable said operator to
Rate Schedule" or "Supplemental Rate Schedule ", as the case may be, covering obtain service for the vehicle, in the manner and at the intervals as
that vehicle (the Primary Rate Schedule(s) and Supplemental Rate Schedule(s) specified on such coupons, at a cost directly chargeable to Avis.
being referred to herein generically as "Schedule(s) "), all of which Schedules are Customer agrees to use the coupons as provided for service of the vehicles
made a part hereof and are fully incorporated herein by reference thereto, or (b) unless Avis agrees in writing to waive this requirement.
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 2. Avis reserves the right, at any time and from time to time, upon written
existence for Customer under this Agreement (i) the Base Monthly Rate for notice to Custorner, to modify, cancel or replace said coupons. Customer
such vehicle, which shall be equal to the Base Monthly Rate stated in the latest agrees to return or cause to be returned to Avis promptly all canceled,
dated Primary Rate Schedule for Customer, increased or decreased by the modified or replaced coupons, and in any event to return unused
difference between the cost to Avis of the vehicle (as equipped with those coupons when the vehicle is returned to Avis.
items included in the base monthly rate for that vehicle) covered by the latest 3. In consideration of the issuance of such coupons, Customer agrees to
dated Primary Rate Schedule and the cost to Avis of the new vehicle (simi- indemnify Avis and hold it harmless for any and all expenses and costs
laxly equipped) being ordered by Customer, divided by the number of months arising from the use of the coupons after return of the vehicle to Avis or
of the minimum term of this Agreement, plus (ii) with respect to additional after Customer has been notified of the modification. cancellation or
equipment not included in the Base Monthly Rate for the new vehicle, such replacement thereof, or otherwise than for service to the vehicles in
additional sum as may be charged by Avis, plus (iii) such further "Charges" as accordance with this Paragraph 3(c) and with the terms of the coupons,
are set forth in the Schedules. In no event shall the rental hereunder be sub- until the unused coupons, if any, are surrendered to Avis at its address set
ject to any deduction or offset of any kind or character. Such payments shall forth in the Agreement or until receipt by Avis of written notice that said .
commence with respect to each vehicle on the respective effective date and coupons have been lost or stolen.
shall continue monthly in advance thereafter on the first day of each succeed- 4. Registration and Taxes. The vehicles shall, at the expense of
ing 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 AVIS , be titled and /or registered by
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 in the name of Avis; provided, nevertheless, that, where Avis bears the
C'ustomer's Representative, the Base Monthly Rate for such vehicle shall be expense under this Paragraph 4, Avis' responsibility shall be limited to one
increased or decreased by a sum equal to the amount of said increase or registration per vehicle per registration year. In no event shall Avis be obligated
decrease, divided by the number of months of the minimum term such vehicle is to pay any registration fee in excess of that in effect on the date of this
to he leased to Customer. In those instances when a Schedule is in effect as to a Agreement. Customer shalt pay the cost of all necessary vehicle inspections and
' vehicle, for the purpose of determining the amount of base manufacturer's price shall pay Avis an amount equal to all taxes and fees whatsoever assessed upon or
increase or decrease, hereunder, the manufacturer's price of such vehicle, imposed by any governmental authority with respect to the rental payments
comparably equipped, as of the date set forth on the Schedule for that vehicle, hereunder, purchase, operation, ownership, maintenance or use of the vehicles,
shall be considered the base manufacturer's price. The Base Monthly Rate other than the Federal Manufacturers' Excise Tax, if any, in effect on the date
includes unlimited mileage up to a maximum of 2,000 miles per month from the hereof with respect to those times supplied by Avis. If a vehicle is returned by
date of delivery of the vehicle. In the event that mileage accumulation for any Customer to Avis with expired license plates, whether or not during a licensing
vehicle exceeds such allowable mileage, Customer shall pay as additional rental grace period, Customer will pay Avis any penalties imposed by law in
for that vehicle a charge of $.03 per mile for the excess mileage. The Base connection with any subsequent licensing or registration of such vehicle
Monthly Rate does not include and Customer shall be responsible and shall be resulting therefrom. Customer shall keep Avis advised of the name and bonne
invoiced for the cost of any equipment, accessory or modification required to address of the current drivers to whom the vehicles are assigned, and Customer
be installed or made to the vehicle by any Federal, State, Municipal or other shall indemnify and pay Avis upon demand any cost incurred by Avis resulting
governmental law, regulation or ordinance the effective date of which is from Customer's failure to comply with provisions of this paragraph.
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
Customer. AVIS 5. Insurance and Indemnification. (a)
3. Maintenance. (a) s shall at its expense furnish primary automobile liability and property damage
pay for all necessary servicing and repairs including greasing and insurance under a standard forth automobile policy, as well as "no fault"
anti- freeze; Customer shall pay for all gasoline, oil and cleaning and shall change benefits provided by law, for each vehicle protecting the interests of Avis and its
the crankcase and transmission oil in accordance with manufacturer's recom- affiliates and Customer and ifs drivers with limits of coverage of not less
ntendations. The vehicles shall he equipped at the time of their initial delivery $250,00(1 for injury to or death of one person and, subject to that limit for each
with five new tires, including a spare lire. Customer shall nav for sill ad,titio "- _ person, $500,0(1(1 for all persons injured or killed in the saute accident, and
tires provided hover that where Avis is ob : " " - $5(1,(1(1(1 for damage. destruction and /or loss of use of property as a result Of
servicing and repairs under t t i I 3 it shall upon Custonner'4 requeSt„a$' any one accident, excluding damage 10,01 destruction of, protx'rty owned by or
Avis' expense, replace such _priginal _tii_rgs ( ..-uu ' n19je lrlail� tUr—lutay—t-ims•v- rented to, in charge of, or transported by Customer, its drivers or any person
provided, ui�rther, that Avis, sh on and manner in whic operating the vehicles. If such insurance is to be furnished by Customer, it shall
tire replacement shall occur. Customer shall not permit any interchange of parts, rxtnfain terms and conditions satisfactory to Avis, and Customer shall furnish
...... ires or accessories t between the vehicles, or any repairs, additions or Avis with a current endorsement or certificate thereof, satisfactory in forth and
adjustments to be made to the vehicles without first obtaining Avis' consent substance to Avis. Such insurance, if provided by Avis, specifically shall exclude
unless the total cost thereof is less than $25.00, and in no event shall any any liability for bodily injury to any employee or fellow employee of Customer
repairs, additions or adjustments be made except by an authorized represen- arising out of or in the course of employment by or with Customer or liability
tat ive of the respective manufacturer. Customer shall comply with instructions imposed upon or assumed by Customer under any Workmen's Compensation
1urnished by Avis from time to time concerning the operating and mainte- Act, flan or Law and /or Contract of whatever nature, it being expressly
nance of vehicles, including those instructions set forth in the Driver's Manual understood and agreed that Avis shall not be required to provide any insurance
delivered to Customer or its agent at the time of delivery of each vehicle, the other than IS stated herein.
terms of which are incorporated herein by reference, and shall reimburse Avis (b) Customer will indemnify, defend and hold harmless Avis from and against
for the cost of repairs attributable to its failure to perform its obligations any and all loss, claims, liability, suits, costs and expense, including attorneys'
.,,x , • ii ,t in this ,Aeicemen1 or 10 comply with any such inslniclion, (hider no fees and disbursements, caused by or arising from the use or op•r'.+tii'n
,t.,,; , . .,,,.,,c, 0.0 Avis be liable lit any loss of time, business, motifs condition lincludhtp without limitation Intent or oilier detects i , " ,ltisr
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. discoverable by Avis), loading or unloading of the vehicles or out of the conduct shall not abate until Avis has received the full reimbursement payment. Unless
of Customer's business, and irrespective of any acts or omissions of Avis, permission to self insure for these obligations is given in writing by Avis,
negligent or otherwise, including, without limitation, loss or, damage to or loss Customer shall maintain collision and comprehensive insurance, protecting Avis
01 use of property or bodily injury or death sustained by third persons or the against loss or damage, which insurance shall contain terms satisfactory to Avis,
agents, servants or drivers of Customer or Avis, to the extent the same shall not including designation of loss payee and named assured, and he evidenced by a
be covered and protected by the aforesaid insurance (if any) furnished by Avis certificate furnished to Avis, in form and substance satisfactory to it. Without
hereunder, or, if covered, in excess of the applicable liability limits. Customer, limiting the generality of any of the foregoing, at any time prior to or upon
its drivers, servants, and agents will cooperate fully with Avis and the insurance termination of this Agreement as to each vehicle, Customer agrees to make
canu rriers insuring n, ca
the , hazards enumerated , , in this Paragraph , in the investigation , prompt payment to Avis for the full amount of any damages, howsoever caused,
defense and prosecution of any and all claims or suits arising from the operation not reported to Avis as required by this Agreement. ANYTHING IN THIS
of the vehicles and will make prompt report to Avis of the occurrence of any AGREEMENT TO THE CONTRARY NOTWITHSTANDING, THiS PARA-
and all accidents, collisions or damage or loss which occur while a vehicle is in GRAPH 6 (b) SHALL HAVE' NO FORCE AND EFFECT IF AViS IS TO
the care, custody or control of Customer, its driver, agent or servant and shall FURNISH LIABILITY AND PROPERTY DAMAGE INSURANCE PURSUANT
promptly deliver to Avis, or such other entity as Avis may direct, any and all TO PARAGRAPH 5 (a) OF THIS AGREEMENT.
papers, notices and documents served upon or delivered to Customer, its drivers, Vehicle Operation and Use. Customer shall permit and authorize the
7. servants or agents in connection with any claim, suit, action or proceeding vehicles to be operated only by licensed drivers who are selected, employed and
commenced or threatened and arising out of the operation of any vehicle. In the controlled by Customer, or members of the household of such employees,
event that the cost per vehicle to Avis of any insurance provided by Avis shall be provided all drivers are 25 years of age or older, all said drivers being
increased during the lease term, the amount of such increase per vehicle per conclusively presumed to be the agents or servants of Customer only, and
month may be added thereafter to the Rental hereunder. Customer shall require than to operate the vehicles with reasonable care and
(c) If insurance is being furnished by Avis hereunder, Customer or its driver(s), diligence, and to use every reasonable precaution to prevent loss or damage
or both, will be required to complete an Insurance Information Certificate thereto or to third persons or their property. Upon written notice from Avis
which Customer understands is required by Avis for the purpose of determining specifying any reckless, careless or abusive handling of any vehicles, Customer
the insurability of Customer and such drivers with regard to motor vehicle shall remove such driver or drivers and substitute therefor other such drivers as
insurance furnished pursuant to this Agreement. Customer certifies that each soon as it is reasonably possible to do so. Without modifying or enlarging the
statement made or to be made and information furnished or to be furnished in foregoing, it is expressly agreed and understood that any insurance coverage at
such certlflcato is or will be true and correct when made or furnished. If any of anytime furnished by Avis shall apply only to persons operating a vehicle with
the information contained In any such Certificate shalt prove to be inoorreet, the express or Implied consent of Avis or Customer. Customer shall remove all
Avis may, in its sole discretion, any other provision of the Agreement to the property from the vehicles before transferring possession thereof to Avis at any
contrary notwithstanding: time and Customer shall indemnify, defend and hold harmless Avis from and
1. Terminate the Agreement forthwith upon written - notice to Customer against any loss, claims, suits, liability, costs and expense, including attorneys
B P fees and disbursements, caused by or arising out of the loss or theft of or
and exercise all rights and enforce all obligations arising under said damage to any property left in or upon the vehicles at any time or place,
Agreement upon a termination thereof; or including, without limitation, while under the care, custody or control of Avis
2. In the event that Avis elects to and can provide insurance for Customer and irrespective of whether said loss, theft or damage was caused by or related
and its drivers under any insurance rating plan in force in the territory of to the negligence of Avis. Customer shall not permit the vehicles to be operated
garaging of the leased vehicle which provides additional premium or or used outside of the contiguous forty -tight states and the Dominion of
surcharge on the basis of experience, record, or point scores, then Avis Canada, other than upon a paved road, public highway, graded road or
may increase the Monthly Rental, retroactive to the commencement of driveway, for illegal purposes, as a public livery or conveyance, to tow a trailer
the lease term for each vehicle affected, to cover said increased cost of or other object, or to transport property which is explosive, radioactive or
insurance. inflammable. II is expressly understood and agreed that notwithstanding any
6. Vehicle Damage. (a) r other provision of this Agreement any station wagons that may be leased under .
amage by any cause whatsoever, includ" tthu t this Agreement may not be used for the transportation of property of any kind.
sualty collision upset malicious mischief v ism falli g Customer shall indemnify, defend and hold Avis harmless from all claims, suits,
bjects, 1 les, glass breakage, fire, smoke, water, smu , or theft (wlti It loss, costs, liability, fines, forfeitures, penalties and expense, including attor-
ustomer sha hstantiate by furnishing a police repo -',r other documen Heys' fees and disbursements, caused by or arising out of or in connection with
t 'in satisfactory to is), in excess of $100, but Cu; - 'Her shall reimburse A s any seizure of the vehicles for speeding, reckless or careless driving or the
1 u,n receipt of its invo • (a) up to the first $1 - of any such loss or damn • violation of any statute, regulation or ordinance of any constituted public
icing out of each inside or event and ( he full amount of all loss r authority, including any and all parking and traffic violations.
image resulting from theft or nversion ,;" any of Customer's drivers, agcy s 8. Condition of Vehicles at Termination. (a) Customer shall, on or before the
r authorized operators or detibe sly ,moused by Customer or any operal r date of expiration or earlier termination of this Agreement as to any or all of
ntttorized by Customer, or resultir. 'from any violation of the terms r the vehicles, return each such vehicle at Customer's expense to Avis at a place
onditions of this Agreement or at -'ec •s, abusive or careless handling of t • designated by Avis in the saute general vicinity in which the vehicle is then
elticles by Customer or any su perator, r with respect to collision or ups t garaged, in as good condition and appearance as it was when received by
,ss or damage, caused b se negligent op ion of a vehicle under II ' Customer, ordinary wear excepted, together with all license plates, registration
,wncrship or control of :tomer, other than a ve " • e leased to Customer I ' and /or title documents or similar documents. It is understood and agreed that
Avis. Avis shall attem V o recover for such reimburse sses or damages fro t the standard for ordinary wear for a station wagon shall be identical to that of
hint parries liable ''<'refor and shall remit to Customer a 1 1 of the respecai ! an ordinary passenger vehicle. The vehicle as returned shall also meet all govern-
Toyer y, less • .- '- ot- pocket expenses, which bears the same ra as the amou I meat safety and environmental standards and regulations then in effect for that
inihuru' 1 •�('ustonter bears to the total amount sought to ecuvere vehicle. Should any vehicle not be returned in the condition and appearance
i ,twirl [tiling anv contrary provision of Ihis Agreement, at any lints 'or , required hereby, or meeting the regulations referred to above, Customer shall
1 [t:. "1 termination of this agreement as to each vehicle, Customer afire, i pay or reimburse Avis upon demand for all costs of restoring the vehicle to such
.e pIonll,l payment to Avis for the full amount of any d• condition and appearance.
. . ANY•1111NG IN (h) in addition to the provisions of this Agreement concerning, the maintenance,
' I I I I S AGl t l• "1'0 THE CONTRARY NOTWITHSTANDING, THIS insurance, repair and return of each vehicle, Customer further agrees with Avis
I'ARA( ;RAPI! 6 (a) SHALL HAVE NO FORCE AND EFI'l'.Ci' IF CUSTOMER that upon the return of each vehicle to Avis, as provided in this Paragraph 8,
IS '10 I I(RNISII LIABILITY AND PROPERTY DAMAGE INSURANCE Avis will cause the vehicle to be inspected by an independent third party in
PURSUANT TO PARAGRAPH 5 (a) OF TIIIS AGREEMENT. order to determine the extent to which the vehicle is in the condition required
1111 Customer shall, as to each of the vehicles, hear all risk of loss or damage and by this Agreement and the costs, if any, of restoring, repairing and servicing the
pay all costs of repairs and replacements, resulting from or caused by any source vehicle so that it may be in such condition. A copy of each inspection report
whatsoever, including, without limitation, casualty, collision, upset, malicious Hill be furnished to Customer. The judgment of such third party as to the
[t.. 1111, vandalism, falling objects, missiles, glass breakage, fire, smoke, water. condition of the vehicle and the costs of repair, service and restoration thereof
•. o i : • • • , h o t 1 1, .'1111V1'1.:11111 by operators or other agents, riot or civil commotion shalt be final and binding on the parties and ('ustonter agrees to pay such suns to
" 11.111 ‘ ' „, "• , 111 ' d 111 11,1' 1111 of omissions of AV'Isl, 111 I111' scam :1115' Avis opal, helm! 11110111'11 tla'rc tlIC. Not withstanding anvthntl: 11) 111' eontt;oy
111 I' ,11 1:1 wtlrl1p• d 1 A\ 14 In be a t01111 loss 111 111 Ito 1'1 l'111 of a 1111'11 contacted 111 Ihts Altleentent, Cusiomcu shall not he requited 111 pay Ilse testota-
•. ,'i• 11 ( "tonal 111151 suhslaIlliale by 1untisiing a pollee 1cpo11 o1 olht'r lion of any item which is the responsibility of Avis under Paragraph .1 of the
',r •ntalIon satisfactory to Avis), Customer will reimburse Avis upon Agreement.
• " •1 bfr the greater of (a) the lair market value (wholesale) thereof
...is preceding such loss, as indicated in the issue of the Automotive 9. Substitution of Vehicles. Avis may from time to time substitute sub -
„' Rtport in effect in the region where the vehicle is garaged, or (b) Avis stantially similar vehicles 105 any of the vehicles. The parties shall with respect
• • 'cc thereof immediately preceding such loss. The rental for the vehicle to such Mills, it vehicle execute a laetivery Receipt which shall constitute a
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pant la rent in place of the Delivery Receipt tot the vehicle replaced for purposes simultaneous or later exercise of any or all such other remedies.
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 11. Advertisements and Accessories. Customer may at its own expense affix
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shall he the date of its delivery to Customer and not the effective date as to the to the vehicles any proper advertisement, accessories or insignia of its own
replaced vehicle; the term of lease of the substituted vehicle shall be defined in
design indicating that it is being used in Customer's service, provided, however,
Paragraph 10 hereof unless otherwise agreed to in writing by Avis. in any such instance, that it has previously obtained written authorization from
10. Termination. (a) Each vehicle is leased for a term of not less than. 20 Avis, and Customer shall, at its own expense, restore the respective vehicle to its
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months ("minimum teen ") or more than 24 months ("maximum teen "). It is mgunal condition prior to the installation thereof and remove all evidence of
the same at the expiration of the respective lease term to the reasonable
contemplated that each vehicle shall be replaced, at the end of the lease term satisfaction Of Avis.
thereof, by another vehicle delivered in accordance with Paragraph I. Should"
either party not wish to so replace a vehicle, it shall inform the other party by 12. Assignment. C'ustomer's interests herein shall not be transferred, whether
written notice at least 90 days prior to the termination date specified in said by way of assignment or by operation of law or otherwise; nor shall Customer
notice, whereupon this lease shall terminate as to such vehicle on the sublet any of the vehicles, except with the advance written consent Of Avis.
termination date so specified or the last day of the maximum lease period for 13. Miscellaneous. EACH VEHICLE IS HEREBY LEASED BY AVIS TO
the vehicle, whichever is later. If no such notice is delivered, the other party (iiSTOMER AS IS, TIIERI BITING NO WARRANTIES, EXPRESS OR
who wishes to deliver or accept a replacement vehicle and who did not receive IMPLIED, \VIIETIIER 01' MERCHANTABILITY OR FITNESS 1'OR A
such notice shall have the right, upon prompt notice, to extend the term of this PARTICULAR PURPOSE OR OTIII•:RWISE, MADE BY AVIS IN OR IN
lease as to any vehicle with respect to which such notice was not given, for a ('ONNI;CI'ION WI"Tii l IIIS AGREEMENT. This document, together with all
period of 90 days from the end of the maximum lease period specified above for Schedules and Delivery Receipts, addenda, if any, and Driver's Manual
such vehicle. constitutes the entire agreement between the parties hereto. Nacre are no other
(h) Upon the occurrence of one or more of the following events: agreements or understandings affecting this instrument. No term or provision of
this Agreement may be changed, waived, supplemented or discharged orally, but
I. Customer shall fail to make any payment of rent due hereunder: or only by an instrument in writing signed by the party sought to be charged
2. Customer shall fail to perform or observe any other term, covenant or thereby and, if such party be Avis, by an executive officer thereof. This is a
agreement contained herein, and such failure shall continue unremedied contract of leasing only, and Customer has acquired and shall assert no right,
for 10 days following written notice thereof by Avis; or title, option or interest in or to any vehicle, except as lessee hereunder.
3. Customer shall become insolvent or bankrupt or fail to pay its debts as Paragraph headings have been inserted for convenience' only and shall not affect
they mature or make an assignment for the benefit of creditors or suffer the construction of this Agreement. The failure of either party hereto in one or
dissolution or the termination of its existence; or a trustee or receiver more instances to insist upon the performance of any of the terms or conditions
shall he appointed for Customer or any or its property; or bankruptcy, of this Agreement, or to exercise any right or privilege by this Agreement
reorganization, insolvency or arrangement proceedings or proceedings a or the waiver of any breach of the tenors or conditions of this
under any other laws relating to the relief of debtors or similar laws shall Agreement, shall not be construed as thereafter waiving any such terms or
be. commenced by or against Customer, including, without limitation, a conditions, rights or privileges, but the same shall continue to remain in full
proceeding for reorganization under Chapter X or for an arrangement force and effect the same as if no forbearance or waiver had occurred. This
under Chapter XI of the Federal Bankruptcy Act; or Agreement in all respects shall be governed by and construed in accordance with
the law of the State of New York.
4. Avis 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
14. Notice. All notices required to be given under the terms of this
thereof, shall not have furnished full liability and damage insurance at Agreement or which either party hereto may desire to give to the other shall be
least equal to that being provided by Avis as well as full collision and in writing, signed by or on behalf of the party giving the same, sent by United
physical damage insurance for all vehicles (at a reduced rental reflecting States registered or certified mail, postage prepaid, addressed to the other party •
decrease in premium expense to Avis); at its address stated above or such other address as either shall hereafter furnish
the other in writing, and shall be effective front the date of mailing.
then Avis may in its discretion, exercise one or more of the following remedies,
' to the extent available under applicable law: (i) terminate this Agreement on 15. Severability. Any provision of this Agreement which is prohibited or
written notice to Customer, whereupon Customer shall pay to Avis, as unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to
liquidated damages and not as a penalty, the entire unpaid rental for the balance the extent of such prohibition or unenl'orreabilily without invalidating the
of the maximum lease period remaining for each vehicle; (ii) refuse to deliver or remaining provisions hereof, and no such prohibition or unenforceability in any
return to Customer any vehicle then in Avis' possession and cause Customer to jurisdiction shall invalidate such provision in any other jurisdiction.
return all vehicles at its expense, as provided in Paragraph 8, or enter upon the 16. Security Deposit. Customer has • deposited with Avis the suer of
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) $ NONE as security for the full and faithful performance by
proceed by appropriate court action to enforce the terms hereof or to recover Customer of all terms, covenants and agreements of This Agreement upon
damages for the breach hereof; or (iv) exercise any other right or remedy Customer's part to be performed, which sum shall be returned to Customer
available under applicable law. In any or all such events Customer shall be liable upon termination of this Agreement provided Customer has fully and faithfully
for all rent or other charges due hereunder before any termination hereof, as carried out all such terms, covenants and agreements. Except as herein set forth,
well as all costs and expenses, including attorneys' fees and disbursements, or as may be required by applicable law, notwithstanding the provisions hereof,
incurred by Avis by reason of any event described in clause (b) above or the - Avis shall be subject to no restfictions or limitations whatsoever with respect to
exercise of any remedies with respect thereto. Each remedy shall be cumulative such funds, nor shall Avis be obligated lo pay or accrue any interest thereon.
and in addition to any other remedy referred to above or otherwise available to IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
Avis; and the exercise of one or more such remedies shall not preclude the duly executed in their behalf the day and year first above written.
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MONROE COUNTY COMMISSIONERS
AVIS RENT A CAR SYSTEM, INC
Customer
�, _ _ Mayor By
y � • Harr/ Harris (Title) (Title)
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Avis
CAR LEASING DIVISION
ADDENDUM
Addendum to Automobile Lease and Service Agreement dated
JULY 30, , 197 , between Avis Rent A Car System, Inc.,
and MONROE COUNTY COMMISSIONERS
Paragraph (3) Maintenance is amended as follows
1. Avis agrees to pay for oil changes and lubrications;
Customer pays for oil between changes.
All other provisions remain in effect.
Dated JULY 30, 1974 AVIS RENT A CAR SYSTEM, INC.
B
MONROE COUNTY COMMISSIONERS
CUSTOMER
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By: Ma o r
Harry liar is - TITLE
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AVIS RENT A CAR SYSTEM, INC., / 5220 BISCAYNE BLVD., MIAMI, FLORIDA 33137 / (305) 759 -4351
I: / �l Y
CAR LEASING DIVISION
ADDENDUM
Addendum to Automobile Lease and Service Agreement dated
JULY 30, , 197 , between Avis Rent A Car System, Inc.,
and MONROE COUNTY COMMISSIONERS
Paragraph (3) Maintenance is amended as follows:
The vehicles shall be equipped at the time of their initial
delivery with five new radial whitewall tires including a spare tire.
Customer shall pay_ the cost of Pnrh nddi tional
adjustment. Al v.e !a stomer's request,
• to replace such tires and ._ahal]._.select the location and manner, fn_ which
such tire replacements shalloccur__
Dated: July 30, 1974
AVIS RENT A CAR SYSTEM, INC. MONROE COUNTY COMMISSIONERS
CUSTOMER
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By: By: � "���� /,�1frc� ayor
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Harry Harris
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AVIS RENT A CAR SYSTEM, INC., / 5220 BISCAYNE BLVD., MIAMI, FLORIDA 33137 / (305) 759-4351
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CAR LEASING DIVISION
Addendum to Lease Agreement dated July 30, 1974 , 1974, between
Avis Rent A Car System, Inc., and Monroe County Commissioners
It is hereby agreed that in the event the factory price of the
referenced vehicle shell be increased or decreased prior to the
time the vehicle is delivered to the Customer, the Monthly Rate
for such vehicle shall be increased or decreased by a sum equal
to the amount of said increase or decrease, divided by a number
equal to 5/6 of the number of months of the lease term. For
the purpose of determining the amount of factory price increase
or decrease the factory cost of a 1974 model, as of the date
first above written, a vehicle comparably equipped, exclusive of
Federal Manufacturer's Excise Tax, shall be considered the basic
factory price.
This addendum dated this 30 th day of July , 1974.
AVIS RENT A CAR SYSTEM, INC. Monroe County Commissioners
Customer
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By:
Harry Harri TITLE
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CAR LEASING DIVISION
SUPPLEMENTAL RATE SCHEDULE
DATE JULY 30, 1974
THIS RATE SCHEDULE IS A PART OF THE AUTOMOBILE LEASE AND SERVICE AGREEMENT
DATED JULY 30, 1974 BETWEEN AVIS RENT A CAR SYSTEM, INC. AND _
MONROE COUNTY COURTHOUSE
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DESCRIPTION OF LEASED VEHICLE BASE MONTHLY RATE 5_ 00
1975 Chevrolet Impala 9-Passenger Station Wagon
YEAR ]�2K�MAKE MFG'S MODEL DESCRIPTION L h g
MFG'S MODEL NUMBER
ALL EQUIPMENT LISTED CHARGES FOR OPTIONAL EQUIPMENT NOT
BELOW IS INCLUDED IN THE INCLUDED IN THE BASE MONTHLY RATE
BASE MONTHLY RATE DESCRIPTION MONTHLY ONE-TIME
ALL FACTORY INSTALLED
STANDARD EQUIPMENT
8 CYL. ENGINE - STANDARD $ • _$ •
AUTOMATIC TRANSMISSION • •
RADIO •
AIR CONDITIONER • •
TINTED WINDSHIELD & ALL GLASS _ •
POWER STEERING & BRAKES -DISC __ •
REMOTE MIRROR ____
BODY SIDE MOLDINGS •
VINYL INTERIOR — _ • _ •
WHITE WALL RADIAL TIRES
WHEEL COVERS
DOOR EDGE GUARDS
HIGH ENERGY ELECTRIC SYSTEM
POWER REAR WINDOW
POWER TZILGATE •
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VEHICLES GARAGED WEST OF THE MISSISSIPPI 5.00
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed this , 30th day of JULY , 197 4 I ' •
AVIS RENT A CAR SYSTEM, INC. CUSTOMER /7
By By H d rry Hari`is
Title REGIONAL MANAGER Title Mayor
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3863,ACLEOE AVENUE • S T �.OUiS. MO 6310 ■
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971 N. E. 172NO STREW
' r.IORT MIAMI REACH, FLORIDA 33162
`• E, �'. JOHN BEAVERS
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