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5 <br />annual Mileage Guarantee, multiplied by the Deficiency Rate per Mile <br />specified on Schedule A. This adjustment shall be prorated in the event <br />of termination, based on the actual amount of time the Property was under <br />lease during the relevant six (6) month period. <br />Customer will be responsible for all costs related to: (1) damage to <br />Property tires, other than normal wear and tear; (2) mired Property; (3) <br />damage due to operation of Property off a paved road; (4) damage to <br />Property resulting from Customer's failure to check and maintain adequate <br />fluid and lubricant levels daily; (5) damage or liability resulting from <br />Customer's failure to properly operate or maintain any trailer or special <br />equipment not maintained by Lessor under this Lease Agreement or other <br />agreement between Customer and Lessor; (6) damage resulting from <br />Customer's failure to plug in engine block heaters in a properly operating <br />electrical outlet when temperature drops below freezing; and (7) <br />overloading, or other abusive or negligent operation of the Property. <br />The foregoing charges are exclusive of any sales or use taxes now or <br />hereafter imposed on the use or operation of the Property, which taxes <br />Customer agrees to pay in addition to the charges specified hereunder. <br />3. OPERATION OF THE PROPERTY. The Property shall be used by Customer <br />only in the normal and customary course of. Customer's business, not in <br />violation of any applicable law, rule, or regulation, including legal weight <br />limitations, and shall be kept free of liens and encumbrances. Customer <br />shall indemnify and hold harmless .Lessor from and against any and all <br />fines, forfeitures, seizures, confiscations, and penalties whatsoever arising <br />out of any such violation, other than a violation caused by Lessor's failure <br />to perform its obligations hereunder. <br />Customer agrees to cause the Property to be operated only by safe, <br />careful, properly licensed drivers, at least twenty one (21) years of age, <br />who shall be employees or agents of Customer, paid by Customer and <br />subject to Customer's exclusive direction and control. Upon receipt of a <br />written complaint from Lessor, specifying reckless, careless, abusive or <br />incompetent operation of the Property, or other breach of this Lease <br />Agreement, by a driver, and requesting the driver's removal as an operator <br />of the Property, Customer immediately shall remove such individual as an <br />operator of the Property. In the event that Customer shall fail to do so for <br />any reason whatsoever, Customer, notwithstanding any other remedies of <br />Lessor or provisions of this Lease Agreement, shall reimburse Lessor in <br />full for any damages, costs, losses or expenses sustained by Lessor <br />