영문 책임임차계약서 MASTERLEASE AGREEMENT
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MASTER LEASE AGREEMENT
THIS MASTER LEASE AGREEMENT is dated and effective as of
_________,_________,_________(M,D,Y) , (the "Effective Date"), by and
between AAA Inc., a _________ corporation, located at _________ (together with
any successors or assigns, the "Lessor"), and the Lessee indicated
below (the "Lessee").
LESSEE
Full Legal Name Trade Name BBB
Mailing Address City State Zip
_________ _________ CITY _________ _________
Type of Legal Entity State of Organization Date of Establishment
CORPORATION _________ _________
1. LEASE.
Lessor hereby leases to Lessee and Lessee hereby leases from Lessor all of the
tangible personal property listed on each Equipment Schedule executed from time
to time pursuant to this Agreement (each, an "Equipment Schedule").
Each Equipment Schedule shall be substantially in the form annexed hereto as
Annex A, shall incorporate by reference therein all of the terms and conditions
of this Agreement and shall include such other terms and conditions upon which
the parties have agreed (each Equipment Schedule, together with this Agreement
as it relates to such Schedule, is referred to herein as a "Lease").
With respect to each Lease, capitalized terms not defined in this Agreement
shall have the meanings stated in the applicable Equipment Schedule.
2. NET
LEASE. EACH LEASE IS A NET LEASE, AND LESSEE SHALL PAY ALL COSTS AND EXPENSES
OF EVERY CHARACTER, WHETHER FORESEEN OR UNFORESEEN, ORDINARY OR EXTRAORDINARY,
IN CONNECTION WITH THE USE, POSSESSION, STORAGE, MAINTENANCE AND REPAIR OF THE
EQUIPMENT. LESSEE IS UNCONDITIONALLY OBLIGATED TO PAY PERIODIC RENT AND ALL
OTHER AMOUNTS DUE UNDER EACH LEASE REGARDLESS OF ANY DEFECT IN OR DAMAGE TO THE
EQUIPMENT, LOSS OF POSSESSION OR USE OF THE EQUIPMENT OR DESTRUCTION OF THE
EQUIPMENT FROM ANY CAUSE WHATSOEVER. LESSEES OBLIGATIONS UNDER EACH LEASE
SHALL CONTINUE UNTIL SPECIFICALLY TERMINATED AS PROVIDED THEREIN. LESSEE IS NOT
ENTITLED TO ANY ABATEMENT, REDUCTION, RECOUPMENT, DEFENSE, OR SET-OFF AGAINST
PERIODIC RENT OR OTHER AMOUNTS DUE TO LESSOR UNDER EACH LEASE, WHETHER ARISING
OUT OF SUCH LEASE (INCLUDING ANY BREACH, DEFAULT OR MISREPRESENTATION OF
LESSOR) OR OUT OF LESSORS STRICT LIABILITY OR NEGLIGENCE, OR OTHERWISE.
3. TERM. The
term of this Agreement shall commence on the Effective Date and shall continue
in effect thereafter as long as any Lease remains in effect. The term of each
Lease shall commence on the Lease Commencement Date as set forth in a Delivery
and Acceptance Certificate signed by the Lessee in substantially the form
annexed hereto as Annex B (the "Lease Commencement Date") and shall
continue thereafter for the lease term set forth in the applicable Equipment
Schedule (the "Lease Term"). Unless Lessee shall have given due
notice of the exercise of one of the options available to Lessee under Section
13 hereof or shall have given Lessor written notice of nonrenewal at least 30
days prior to the expiration of any Lease Term, such Lease Term shall
automatically renew for successive monthly periods until terminated by Lessee
or Lessor upon at least 30 days prior written notice.
4. RENT.
Lessee agrees to pay Periodic Rent in the amount specified in each Equipment
Schedule (the "Periodic Rent"). The initial Periodic Rent payment for
each Lease shall be due on the date the Equipment is accepted by Lessee and
subsequent Periodic Rent payments shall be due as specified on the applicable
Equipment Schedule. All Periodic Rent and other amounts payable under each
Lease (collectively referred to herein as "Rent") shall be paid to
Lessor at the address specified on the applicable Equipment Schedule or at such
other address as Lessor may specify thereafter in writing. If any Periodic Rent
or other Rent payment is not paid within 10 days of its due date, Lessee agrees
to pay as additional Rent a late charge equal to 5% of such unpaid Rent payment
plus 1 1/2% per month of any amount due and unpaid for more than 30 days, or,
if less, the maximum amount permitted under applicable law. Periodic Rent
payable during any automatic renewal period described in Section 3 hereof shall
be equal to the highest Periodic Rent payable during the initial Lease Term.
Lessee hereby agrees that the amount of the Periodic Rent
payments and Purchase Option Price under each Lease shall be adjusted to
reflect any change in the Cost to Lessor set forth in the applicable Equipment
Schedule as a result of Equipment change orders or returns, invoicing errors or
other similar events. In the event of any such adjustment, Lessor will furnish
to Lessee a written notice stating the final Cost to Lessor, Periodic Rent and
Purchase Option Price.
5.
DISCLAIMER OF WARRANTIES. LESSEE ACKNOWLEDGES AND AGREES THAT: (a) EACH ITEM OF
EQUIPMENT IS OF A TYPE, DESIGN, QUALITY AND MANUFACTURE SELECTED BY LESSEE,
ACCEPTABLE TO LESSEE AND SUITABLE FOR LESSEES PURPOSES; (b) LESSOR IS NOT THE
MANUFACTURER OR SUPPLIER OF THE EQUIPMENT OR THE REPRESENTATIVE OF EITHER; (c)
LESSOR IS NOT
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