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DocuSign Envelope ID: 3F0F44D1-0249-418D-A8C6-A7EDC761 CC87
<br /> if the Vehicle is restored. If for any reason Lessee fails to return any Vehicle to Lessor as and when required in accordance with this Section,Lessee agrees to pay
<br /> Lessor additional rent for such Vehicle at twice the normal prorated daily rent. Acceptance of such additional rent by Lessor will in no way limit Lessor's remedies
<br /> with respect to Lessee's failure to return any Vehicle as required hereunder.
<br /> 5. COSTS,EXPENSES,FEES AND CHARGES:Lessee agraestopay ail costs,expenses,fees,charges,fines,lickets,penaltiesand taxes(otherthanfederalandslate
<br /> income taxes on the income of Lessor)incurred in connection with the titling,registration,delivery,purchase,sale,rental,use or operation of the Vehicles during the
<br /> Term, If Lessor,Servicer or any other agent of Lessor incurs any such costs or expenses,Lessee agrees to promptly reimburse Lessor for the same.
<br /> 6. LICENSE AND CHARGES:Each Vehicle will be tilled and licensed in the name designated by Lessor at Lessee's expense. Certain other charges relating to the
<br /> acquisition of each Vehicle and paid or satisfied by Lessor have been capitalized in determining the monthly rental,treated as an Initial charge or otherwise charged
<br /> to Lessee. Such charges have been determined without reduction for trade-in,exchange allowance or other credit attributable to any Lessor-owned vehicle,
<br /> 7. REGISTRATION PLATES,ETC.: Lessee agrees,at its expense,to obtain in the name designated by Lessor all registration plates and other plates,permits,
<br /> inspections and/or licenses required in connection with the Vehicles,except for the initial registration plates which Lessor will obtain at Lessee's expense.The parties
<br /> agree to cooperate and to furnish any and all information or documentation,which may be reasonably necessary for compliance with the provisions of this Section or
<br /> any federal,state orlocal law,rule,regulation or ordinance. Lessee agrees that it wi't not permit any Vehicle to be located in a state other than the state in which such
<br /> Vehicle Is then titled for any continuous period of time that would require such Vehicle to become subject to the titling and/or registration laws of such other stale,
<br /> 8. MAINTENANCE OF AND IMPROVEMENTS TO VEHICLES:
<br /> (a)Lessee agrees,at its expense,to(I)maintain the Vehicles in good condition,repair,maintenance and running order and in accordance with all manufacturer's
<br /> instructions and warranty requirements and all legal requirements and(ii)furnish all labor,materials,parts and other essentials required for the proper operation
<br /> and maintenance of the Vehicles,Any alterations,additions,replacement parts or improvements to a Vehicle will become and remain the property of Lessor and will
<br /> be returned with such Vehicle upon such Vehicle's return pursuant to Section 4, Notwithstanding the foregoing,so long as no Event of Default has occurred and is
<br /> continuing,Lessee shall have the right to remove any additional equipment installed by Lessee on a Vehicle prior to returning such Vehicle to Lessor under Section 4
<br /> so long as Lessee repairs any damage to such Vehicle caused by such removal,The value of such alterations,additions,replacement parts and improvements will in
<br /> no Instance be regarded as rent. Without the prior written consent of Lessor,Lessee will not make any alterations,additions,replacement parts or Improvements to
<br /> any Vehicle which detract from its economic value or functional utility. Lessor will not be required to make any repairs or replacements of any nature or description
<br /> with respect to any Vehicle,to maintain or repair any Vehicle or to make any expenditure whatsoever in connection with any Vehicle or this Agreement.
<br /> (b)Lessor and Lessee acknowledge and agree that if Section 4 of a Schedule includes a charge for maintenance,(i)the Vehicle(s)covered by such Schedule are
<br /> subject to a separate maintenance agreement between Enterprise Fleet Management,Inc,and Lessee and(ii)Lessor shall have no liability or responsibility for any
<br /> failure of Enterprise Fleet Management,Inc.to perform any of its obligations thereunder or to pay or reimburse Lessee for its payment of any costs and expenses
<br /> incurred in connection with the maintenance or repair of any such Vehicle(s).
<br /> 9. SELECTION OF VEHICLES AND DISCLAIMER OF WARRANTIES:
<br /> (a)LESSEE ACCEPTANCE OF DELIVERY AND USE OF EACH VEHICLE WILL CONCLUSIVELY ESTABLISH THAT SUCH VEHICLE IS OF A SIZE,DESIGN,CAPACITY,
<br /> TYPE AND MANUFACTURE SELECTED BY LESSEE AND THAT SUCH VEHICLE IS IN GOOD CONDITION AND REPAIR AND IS SATISFACTORY IN ALL RESPECTS AND
<br /> IS SUITABLE FOR LESSEE'S PURPOSE.LESSEE ACKNOWLEDGES THAT LESSOR IS NOTA MANUFACTURER OF ANY VEHICLE OR AN AGENT OF A MANUFACTURER
<br /> OF ANY VEHICLE.
<br /> (b) LESSOR MAKES NOREPRESENTATION OR WARRANTY OF ANY KIND,EXPRESS OR IMPLIED,WITH RESPECT TO ANY VEHICLE,INCLUDING,WITHOUT
<br /> LIMITATION,ANY REPRESENTATION OR WARRANTY AS TO CONDITION,MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE,IT BEING AGREED
<br /> THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE,THE VEHICLES ARE LEASED'AS IS,"'WITH ALL FAULTS,'Ali warranties made by any supplier,vendor
<br /> and/or manufacturer of a Vehicle are hereby assigned by Lessor to Lessee for the applicable Term and Lessee's only remedy,if any,is against the supplier,vendor or
<br /> manufacturer of the Vehicle.
<br /> (c)None of Lessor,Servicer or any other agent of Lessor will be liable to Lessee for any liability,claim,loss,damage(direct,incidental or consequential)or
<br /> expense of any kind or nature,caused directly or indirectly,by any Vehicle or any inadequacy of any Vehicle for any purpose or any defect(latent or patent)in any
<br /> Vehicle or the use or maintenance of any Vehicle or any repair,servicing or adjustment of or to any Vehicle,or any delay In providing or failure to provide any Vehicle,
<br /> or any interruption or loss of service or use of any Vehicle,or any loss of business or any damage whatsoever and however caused,In addition,none of Lessor,
<br /> Servicer or any other agent of Lessor will have any liability to Lessee under this Agreement or under any order authorization form executed by Lessee if Lessor is
<br /> unable to locate or purchase a Vehicle ordered by Lessee or for any delay in delivery of any Vehicle ordered by Lessee.
<br /> 10. RISK OF LOSS:Lessee assumes and agrees to bear the entire risk of loss of,theft of,damage to or destruction of any Vehicle from any cause whatsoever
<br /> (°Casualty Occurrence").In the event of a Casualty Occurrence to a Vehicle,Lessee shall give Lessor prompt notice of the Casualty Occurrence and thereafter will
<br /> place the applicable Vehicle in good repair,condition and working order;provided,however,that If the applicable Vehicle Is determined by Lessor to be lost,stolen,
<br /> destroyed or damaged beyond repair(a"Totaled Vehicle"),Lessee agrees to pay Lessor no later than the due date of the next following monthly rent payment with
<br /> respect to such Totaled Vehicle the total of(i)all rent and other amounts,if any,due at the time of such payment and allocable to the Totaled Vehicle plus(ii)the
<br /> replacement value,as determined by Lessor in good faith,of the Totaled Vehicle immediately prior to the Casualty Occurrence.Upon such payment,this Agreement
<br /> will terminate with respect to such Totaled Vehicle.
<br /> 11. INSURANCE:
<br /> (a)Lessee agrees to purchase and maintain in force during the Term,insurance policies in at least the amounts listed below covering each Vehicle,to be written
<br /> by an Insurance company or companies satisfactory to Lessor,insuring Lessee,Lessor and any other person or entity designated by Lessor against any damage,
<br />
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