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DocuSign Envelope ID: 3F0F44D1-0249-418D-A8C6-A7EDC761 CC87
<br /> nterprise
<br /> FLEET MANAGEMENT
<br /> MASTER WALKAWAY LEASE AGREEMENT
<br /> 4 Au i+
<br /> This Master Walkaway Lease Agreement is entered into this Y 'i day of ,2017,by and between Enterprise FM Trust,a Delaware statutory trust("Lessor"),and.
<br /> the lessee whose name and address is set forth on the signature page below("Lessee").
<br /> 1. LEASE OF VEHICLES:LessorherebyleasestoLesseeandLesseeherebyleasesfromLessorthevehicles(individually,a"Vehicle"and collectively,the"Vehicles")
<br /> described in the schedules from time to time delivered by Lessor to Lessee as set forth below("Schedule(s)')for the rentals and on the terms set forth in this
<br /> Agreement and In the applicable Schedule.References to this"Agreement"shall include this Master Walkaway Lease Agreement and the various Schedules and
<br /> addenda to this Master Walkaway Lease Agreement. Lessor will,on or about the date of delivery of each Vehicle to Lessee,send Lessee a Schedule covering the
<br /> Vehicle,which will include,among other things,a description of the Vehicle,the lease term and the monthly rental and other payments due with respect to the Vehicle,
<br /> The terms contained in each such Schedule will be binding on Lessee unless Lessee objects in writing to such Schedule within ten(10)days after the date of delivery
<br /> of the Vehicle covered by such Schedule.Lessor is the sole legal owner of each Vehicle.This Agreement is a lease only and Lessee will have no right,title or interest
<br /> in or to the Vehicles except for the use of the Vehicles as described in this Agreement.This Agreement shall be treated as a true lease for federal and applicable state
<br /> Income tax purposes with Lessor having all benefits of ownership of the Vehicles,It is understood and agreed that Enterprise Fleet Management,Inc.or an affiliate
<br /> thereof(together with any subservicer,agent,successor or assign as servicer on behalf of Lessor,"Service')may administer this Agreement on behalf of Lessor
<br /> and may perform the service functions herein provided to be performed byLessor.
<br /> 2. TERM: The term of this Agreement('Term")for each Vehicle begins on the date such Vehicle is delivered to Lessee(the'Delivery Date")and,unless terminated
<br /> earlier In accordance with the terms of this Agreement,continues for the"Lease Term"as described in the applicable Schedule.
<br /> 3. RENT AND OTHER CHARGES:
<br /> (a)Lessee agrees to pay Lessor monthly rental and other payments according to the Schedules and this Agreement.The monthly payments will be in the amount
<br /> listed as the'Total Monthly Rental Including Additional Services'on the applicable Schedule(with any portion of such amount Identified as a charge for maintenance
<br /> services under Section 4 of the applicable Schedule being payable to Lessor as agent for Enterprise Fleet Management,Inc.)and will be due and payable In advance
<br /> on the first day of each month.If a Vehicle is delivered to Lessee on any day other than the first day of a month, monthly rental payments will begin on the first
<br /> day of the next month. In addition to the monthly rental payments,Lessee agrees to pay Lessor a pro-rated rental charge for the number of days that the Delivery
<br /> Date precedes the first monthly rental payment date. Lessee agrees to pay Lessor the'Total Initial Charges'set forth In each Schedule on the due date of the first
<br /> monthly rental payment under such Schedule.Lessee agrees to pay Lessor the'Service Charge Due at Lease Termination'set forth in each Schedule at the end of
<br /> the applicable Tenn(whether by reason of expiration,early termination or otherwise).
<br /> (b)The monthly rental rate allows the number of miles per month as set forth in the applicable Schedule,Lessee agrees to pay Lessor at the end of the applicable
<br /> Term(whether by reason of expiration,early termination or otherwise)an excess mileage charge for any miles in excess of this average amount per month at the rate
<br /> set forth in the applicable Schedule,
<br /> (c)Any security deposit of Lessee will be returned to Lessee at the end of the applicable Term,except that the deposit will first be applied to any losses and/or
<br /> damages suffered by Lessor as a result of Lessee's breach of or default under this Agreement and/or to any other amounts then owed by Lessee to Lessor.
<br /> (d)Any rental payment or other amount owed by Lessee to Lessor which is not paid within twenty(20)days after its due date will accrue interest,payable on
<br /> demand of Lessor,from the date due until paid in full at a rate per annum equal to the lesser of(i)Eighteen Percent(18%)per annum or(II)the highest rate permitted
<br /> by applicable law(the"Default Rate"),
<br /> (e)If Lessee fails to pay any amount due under this Agreement or to comply with any of the covenants contained in this Agreement,Lessor,Servicer or any other
<br /> agent of Lessor may,at its option,pay such amounts or perform such covenants and all sums paid or incurred by Lessor in connection therewith will be repayable
<br /> by Lessee to Lessor upon demand together with interest thereon at the Default Rate.
<br /> (I) Lessee's obligations to make all payments of rent and other amounts under this Agreement are absolute and unconditional and such payments shall be made
<br /> in immediately available funds without setoff,counterclaim or deduction of any kind.Lessee acknowledges and agrees that neither any Casualty Occurrence to any
<br /> Vehicle nor any defect,unfitness or lack of governmental approval in,of,or with respect to,any Vehicle regardless of the cause or consequence nor any breach by
<br /> EnterpriseFleetManagement,Inc.ofanymaintenanceagreementbetween Enterprise FleetManagement,Inc.andLesseecoveringanyVehicleregardiessofthecause
<br /> or consequence will relieve Lessee from the performance of any of its obligations under this Agreement,including,without limitation,the payment of rent and other
<br /> amounts under this Agreement.
<br /> 4. USE AND SURRENDER OF VEHICLES:Lessee agrees to allowonly duly authorized,licensed and insured drivers louse and operate the Vehicles.Lessee agrees
<br /> to comply with,and cause its drivers to comply with,all laws,statutes,rules,regulations and ordinances and the provisions of all insurance policies affecting or
<br /> covering the Vehicles or their use or operation.Lessee agrees to keep the Vehicles free of all liens,charges and encumbrances.Lessee agrees that in no eventwill any
<br /> Vehicle be used or operated for transporting hazardous substances or persons for hire,for any illegal purpose or to pull trailers that exceed the manufacturer's trailer
<br /> towing recommendations. Lessee agrees that no Vehicle is intended to be or will be utilized as a"school bus°as defined in the Code of Federal Regulations or any
<br /> applicable state or municipal statute or regulation.Lessee agrees not to remove any Vehicle from the continental United States without first obtaining Lessor's written
<br /> consent.At the expiration or earlier termination of this Agreement with respect to each Vehicle,or upon demand by Lessor made pursuant to Section 14,Lessee grits
<br /> risk and expense agrees to return such Vehicle to Lessor at such place and by such reasonable means as maybe designated by Lessor,In the same repair,condition
<br /> and working order as at the commencement of the applicable Term,reasonable wear and tear resuldng from proper use excepted. If a Vehicle is not returned in the
<br /> required condition,Lessee agrees to pay Lessor,at Lessor's option,the estimated cost to restore such Vehicle to such condition,or the actual cost of restoration,
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