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DocuSign Envelope ID:9BFA37E2-D334-4AF6-BE2F-3DEC4FCCF3C4 <br /> RETURNED ACH DEBIT FEE IN THE AMOUNT OF $30.00 TO COUNTY'S <br /> ACCOUNT. <br /> p. Provider Warranty. For as long as County timely makes all payments due hereunder, <br /> Provider warrants throughout the term of this Agreement that it will repair structural or <br /> mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, <br /> fuses/breakers and light bulbs), provided that County notifies Provider in writing of any <br /> defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. <br /> Provider shall have no liability for the repair of any defect or condition resulting from <br /> County's relocation of the Equipment, utilities connection, alteration of the Equipment, <br /> use of the Equipment for a purpose for which it was not intended, vandalism, misuse of <br /> the Equipment, for excessive wear and tear or for which timely notice is not provided to <br /> Provider. The repair of the Equipment by Provider, due to a defect or condition resulting <br /> from any of the preceding causes shall result in additional charges to County. Provider <br /> shall have no liability whatsoever for any consequential, incidental or punitive damages, <br /> costs or expenses. WILIAMS SCOTSMAN DISCLAIMS ANY AND ALL IMPLIED <br /> WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED <br /> WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED <br /> WARRANTY OF MERCHANTABILITY. <br /> q. Return Of Equipment: Prior to the end of the lease term, County must give Provider at <br /> least thirty(30) days advance written notice of its intention to return the Equipment, and <br /> must disconnect all utilities, remove all its possessions from, and vacate the Equipment, <br /> leaving it in a "broom clean" condition. Provider shall arrange for the return of the <br /> Equipment at the County's expense. Provider is not responsible for any property located <br /> in the Equipment upon its return. <br /> r. Default: Any of the following events constitute an Event of Default under this <br /> Agreement: (a) Nonpayment of any monies owed hereunder to Provider within twenty <br /> (20) days after they are due; or (b) County's failure to perform any term or condition of <br /> this Agreement or any other agreement between Provider and County. <br /> s. Remedies: Upon the occurrence of an Event of Default, Provider shall have the right to <br /> exercise any of the following remedies: (a) Declare that the rent for the Minimum Lease <br /> Term and all other unpaid rent, fees, taxes and charges, for any or all Equipment covered <br /> by this Agreement immediately due and payable; (b) repossess any or all of the <br /> Equipment; (c) use, hold, or sell the Equipment upon such terms as Provider determines; <br /> (d) cancel this Agreement with respect to one or more items of Equipment or the entire <br /> Agreement, at Provider's sole option. A termination hereunder shall occur only upon <br /> written notice by Provider to County and only with respect to such items of Equipment <br /> as Provider specifically elects to terminate in such notice. Except as to such items of <br /> Equipment with respect to which there is a termination, this Agreement shall remain in <br /> full force and effect and County shall be and remain liable for the full performance of all <br /> of its obligations hereunder; and/or (e) proceed with any remedies at law or in equity <br /> available to Provider. All such remedies are cumulative and may be enforced separately <br /> or concurrently from time to time. Provider's waiver of any Event of Default shall not <br /> constitute a waiver of any other Event of Default. County shall pay all Provider's legal <br /> fees and all other fees and expenses related to the enforcement of this Agreement. <br /> Revised 12/18 <br /> 9 <br />