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Form #959Automobile - In General
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Automobile—In general.
This automobile lease made _________[Date],
between _________, having its principal place of business in _________,
_________, lessor, and _________, lessee states as follows:
1. Lessor leases to the lessee and the lessee hires
and takes from lessor for a term of _________ months one or more automobiles at
the rental and with the equipment, specified on the schedule or schedules
attached here and made a part of this agreement. The term and rental shall
commence on the date each respective automobile is delivered to lessee and the
rental shall continue until the automobile is returned to lessor as
subsequently provided.
2. Lessor agrees that:
(A). Lessor on reasonable notice will replace any
automobile leased under this agreement which shall be stolen, become unfit for
operation or which shall have been operated by the lessee for _________ months.
(B). Lessor will furnish license plates registered in
its name under the laws of the state of _________ in which the leased
automobile is to be kept.
(C). Lessor will maintain or cause to be maintained in
good working condition each automobile leased here. Nothing in this agreement,
however, shall require lessor to provide or pay for, or cause to be provided or
paid for, any gasoline, oil, antifreeze, washing or storage for any automobile
leased under this agreement.
(D). Lessor will reimburse lessee for the cost of any
inspection of any automobile leased under this agreement required by laws of
the state of _________.
3. Lessee agrees that:
(A). Lessee will pay to lessor at _________ street,
_________, _________, the rental of each automobile then leased under this
agreement on the first day of each and every calendar month. The rental for the
first and last month of the term, unless the term starts on the first day of
the month and ends on the first day of the month, shall be apportioned on the
basis which the number of days of the term in the month bears to the whole
number of days in such month.
(B). Lessee will pay or cause to be paid any sales,
use or similar tax, or any tax exclusive of income tax, which is now or which
may subsequently be imposed on the letting of any automobile under this
agreement or the use and/or operation of any automobile leased under this
agreement.
(C). Each automobile leased under this agreement will
be used and operated in a careful manner and lessee will pay or cause to be
paid any fines imposed by any governmental authority levied upon any automobile
leased under this agreement and its respective driver as the result of any act
or omission during the term the automobile is leased under this agreement.
(D). Lessee will not use or allow any automobile
leased under this agreement to be used for any illegal purpose and will
reimburse lessor for any automobile leased under this agreement which is
confiscated and for expenses incurred as a result of any confiscation or
attempted confiscation by any governmental authority whatsoever, whenever such
confiscation and expenses or either is caused by the illegal use of such
automobile while the automobile is leased under this agreement.
(E). Lessee will keep and maintain each automobile
leased under this agreement in good running order and will see that the
automobiles are in good repair and properly serviced and greased at the expense
of lessor.
(F). Immediately on the discovery of the need of any
repair or servicing or otherwise of any automobile leased under this agreement
lessee shall cause such automobile to be taken to an authorized service station
of the manufacturer of such automobile. The cost of such repair may be deducted
by the lessee from the next rental payment due lessor under this agreement
provided lessee shall make no repairs the cost of which shall exceed $_____
without the written consent of lessor first obtained. At the time of making
such deduction, lessee shall provide lessor with an itemized invoice evidencing
payment for the repairs for which such deduction is claimed.
(G). Any automobile leased under this agreement will
be examined at such time and place as may be required by the constituted
authorities having jurisdiction and lessor shall reimburse lessee for any fees
required for such examination if provided with the official receipt.
(H). Any automobile leased under this agreement will
be kept and maintained in a garage or other covered storage space except when
in use.
(I). Lessee at his [or her] expense will
provide all gasoline, oil, antifreeze, washing, storing and garaging for any
automobile leased under this agreement.
(J). Lessee will be liable, and pay lessor for all
damage or loss to any automobile leased under this agreement resulting from
collision, upset or overturn to, but not beyond the sum of $_____ for each
collision, upset or overturn notwithstanding any other provision of this lease.
(K). Lessee will effect, pay for and maintain as to
each automobile leased under this agreement while this agreement is in effect
for that automobile indemnity insurance, including public liability and
property damage insurance, issued by a responsible company or companies,
protecting the interests of both lessee and lessor against liability for
damage, personal injury or death caused by any automobile leased under this
agreement, or its operation, to the extent of not less than $_____ per accident
and not less than $_____ per person; and the sum of $_____ per accident against
liability for damage to property caused by the operation of any automobile
leased under this agreement, and the lessee agrees that the policy will include
lessor as a "named insured" and shall not be cancelled until after
_________ days notice to lessor of intention to cancel, and the lessee further
agrees to furnish to lessor prior to the use or operation of any such
automobile a certificate of such insurance.
Should any claim be made or any action be commenced
against lessor arising from any of the causes covered by the insurance referred
to in this paragraph, lessor will promptly notify lessee and lessee will
conduct the defense of any such claim or action at lessee's expense, including
all costs and attorneys' fees.
In the event of the cancellation of any public
liability and property damage insurance or any required of lessee at his [or
her] expense under the terms of this lease, the use by lessee of all
automobiles leased shall cease until all such insurance so cancelled has been
renewed or replaced.
(L). Except as otherwise subsequently provided, upon
the expiration of the term of this lease or its earlier termination for any
reason, any automobile leased under this agreement shall be returned by lessee
to lessor at _________ street, _________, _________.
(M). If any default shall be made by lessee in the
payment punctually when due, of any rent or other moneys due under this
agreement, or in the performance of any other provision, or if lessee is or
becomes unable to pay his [or her] debts from his [or her] own
means as they become due, or if any receiver of the business or of the property
or assets of the lessee shall be appointed by any court, or if the lessee shall
abandon the automobiles or if the lessee shall otherwise, in any manner
whatever, become unable to pay the rent specified here or to perform any of the
provisions to be kept or performed by lessee, then in any of such events lessor
shall have the option, without notice to lessee or demand for performance, to
require lessee to redeliver to lessor at a location designated by lessor but at
lessee's expense, each of the automobiles leased or to repossess each of the
automobiles and either:
(i) With or without terminating or forfeiting this
lease and in either event without in any way affecting any other right or
remedy of lessor or any duties or obligations of lessee under this agreement,
relet one or more or all of the automobiles leased under this agreement as the
agent and for the account of lessee upon such terms and conditions as lessor
may deem advisable, in which event the rents received on any such reletting
shall be applied first to the expenses of reletting and collecting, including
necessary renovation and alteration of the automobiles and thereafter toward
payment of all sums due or to become due to lessor under this agreement, and if
a sufficient sum shall not thus be realized to pay such rent and other charges,
lessee shall pay to lessor monthly any deficiency and lessor may sue for them
as each monthly deficiency shall arise; or
(ii) Terminate this lease, in which event lessee shall
pay to lessor as the amount which shall be presumed to be the amount of damage
sustained by lessor by reason of lessee's breach of this lease (it being agreed
that it would be impracticable or extremely difficult to fix the actual damage)
a sum of money equal to the amount, if any, by which the rent reserved under
this agreement for all automobiles leased under this agreement for the balance
of the term of this lease as to all such automobiles exceeds the then
reasonable rental of all such automobiles for such balance of the term at the
time of such termination, the claim for which sum shall be immediately
enforceable by lessor against lessee by suit, and shall be provable in any
proceedings of any kind concerning lessee.
The foregoing remedies shall not be
exclusive but shall be cumulative and in addition to all other remedies.
(N). In case any litigation of any kind between lessee
and lessor shall arise out of this lease and lessor shall prevail in such
litigation, lessee agrees to pay lessor a reasonable attorney's fee which shall
be taxed by the court as part of the costs of such litigation.
4. Lessor and lessee agree that:
(A). Lessor will not be liable to lessee for any loss
of business or any other damage caused by any interruption of the service
provided for here or otherwise.
(B). Lessor may at any time replace any automobile
leased under this agreement with a new automobile of similar make and body.
(C). Lessee shall have the right, but not the duty, at
lessee's expense to affix or cause to be affixed, to any automobile leased
under this agreement any appropriate advertisement or insignia indicating that
such automobile is being used in the service of lessee.
(D). Lessor does not assume any liability for any acts
or omissions of lessee or of any of lessee's agents, employees or drivers and
lessee specifically releases lessor from all such liability and agrees to hold
lessor harmless of and from any and all such liability, except that lessor (and
not lessee) shall be liable for any loss or damage suffered by any automobile
leased under this agreement from fire or theft or from collision, upset or
overturn in excess of $_____ for each collision, upset or overturn.
(E). This is an automobile lease only, and the lessee
has acquired no right, title or interest in or to the automobiles, except the
right to use the same pursuant to the provisions of this lease.
(F). This lease and the term of it as to any
automobile leased under this agreement shall be extended for an additional term
of _________ months as to such automobile upon all of the terms of this lease,
including this paragraph for renewal, unless either party here at least
_________ days before the end of the term of this lease as to such automobile
gives written notice to the other of intention to terminate this lease as to
such automobile on expiration of the term as to such automobile.
(G). So long as the lessee performs all of the terms
and conditions of this lease including payment of the rental in respect to any
automobile leased under this agreement, lessee shall have the unrestricted
lawful use of such automobile for any lawful purpose except the transportation
of persons or property for hire.
(H). Lessee will not assign, mortgage or hypothecate
this lease, or any interest in it, or permit the use of any automobile leased
under this agreement by any person other than lessee or an adult member of his
or her family or his or her agents or employees, nor sublet any automobile
without the written consent of lessor.
(I). This lease shall terminate as to any automobile
replaced by lessor under this lease when so replaced and the new car shall be
leased for the full term.
(J). The obligations of lessor may be suspended to the
extent it is hindered or prevented from complying by strikes, lockouts, war,
act of God, fires, storms, unavoidable accidents or governmental regulations or
interference or other matters beyond its control.
(K). This lease agreement represents the entire
agreement between the parties here and no provision may be waived or modified,
except by an instrument in writing signed by both of the parties.
(L). The marginal notations on this lease agreement do
not constitute any part of this lease agreement and shall not be considered in
its interpretation.
Executed in duplicate at _________, _________, the day
and year first written above.
_________
By _________, its
_________, Lessor
By _________, Lessee
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to hold this site, its officers, employees and any contributors to this site harmless
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points to consider in different transactions. They are offered with the understanding
that no legal advice, accounting, or other professional service is being offered
by these documents or on this website. Laws vary in the different states. Agreements
acceptable in one state may not be enforced the same way under the laws of another
state. Also, agreements should relate specifically to the particular facts of each
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these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com
is not engaged in recommending or referring members on the site or making claims
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