INITIALS. (1) (2) (3) (4) (5) (6) **Initials certify that I have read and agree to all of the above terms, conditions and release of liability. Elevate Backcountry – Agreement COMPANY: ELEVATE BACKCOUNTRY xxx.xxxxxxxxxxxxxxxxxx.xxx Xxxx@xxxxxxxxxxxxxxxxxx.xxx VI. OPERATOR CONSENT TO PAYMENT OF EQUIPMENT LOSSES AND DAMAGES A VALID CREDIT CARD NUMBER SHALL BE RETAINED BY ELEVATE BACKCOUNTRY AND WILL BE USED TO PROVIDE FULL COMPENSATION FOR FAILING TO RETURN SAID EQUIPMENT IN AS GOOD CONDITION AS WHEN RECEIVED BY OPERATOR. COMPENSATION INCLUDES, BUT IS NOT LIMITED TO, REIMBURSEMENT OF ARTICLES DAMAGED, MISSING OR BROKEN. OPERATOR AUTHORIZES ELEVATE BACKCOUNTRY TO CHARGE OPERATORS CREDIT CARD FOR THESE ITEMS IN SUCH CASE. IN THE ALTERNATIVE OR IN ADDITION TO THE CHARGES TO OPERATORS CREDIT CARD, ELEVATE BACKCOUNTRY, IN ITS SOLE DISCRETION, MAY DEMAND THAT OPERATOR PAY SUCH CHARGES IN IMMEDIATELY AVAILABLE FUNDS SUCH AS CASH OR CERTIFIED CHECK. THE AMOUNT AVAILABLE ON THE BALANCE OF THE CREDIT CARD SHALL IN NO WAY BE CONSIDERED A LIMITATION ON THE AMOUNT OF DAMAGES, REIMBURSEMENTS, OR ACTIVITY CHARGES OWED TO ELEVATE BACKCOUNTRY BY THE OPERATOR. ALL UNITS ARE NOT CONSIDERED RENTAL UNITS AND ARE PROVIDED FREE OF CHARGE FOR THE UNIT MANTENENCE AND STORAGE SERVICE, THEREFORE ANY FUNDS RECEIVED BY ELEVATE BACKCOUNTRY ARE SOLEY AS AN NONREFUNDABLE DONATION FOR THE AFORMENTIONED SERVICES. OPERATOR HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT THE UNIT IS WITHOUT DAMAGES OR DEFECTS INCLUDING, BUT NOT LIMITED TO, DENTS, SCRATCHES, TEARS, STAINS AND MECHANICAL DAMAGE. AN INSPECTION OF THE UNIT WILL BE CONDUCTED BY BOTH ELEVATE BACKCOUNTRY AND OPERATOR PRIOR TO THE ACTIVITY PERIOD WHEREBY ANY EXISTING DAMAGES WILL BE NOTED AND ACKNOWLEDGED IN WRITING ON THE ATTACHED AGREEMENT FORM. UPON RETURN OF THE UNIT, ELEVATE BACKCOUNTRY WILL CONDUCT A FINAL INSPECTION. OPERATOR WILL BE HELD RESPONSIBLE AND LIABLE FOR THE TOTAL COST OF ANY AND ALL DAMAGES TO THE UNIT THAT WERE NOT NOTED DURING THE INITIAL INSPECTION. ELEVATE BACKCOUNTRY HAS UP TO 48 HOURS AFTER THIS ACTIVITY & PRIOR TO BEING USED AGAIN TO DISCOVER AND INFORM OPERATOR OF DAMAGE FOUND. OPERATOR ACKNOWLEDGES AND UNDERSTANDS THAT ALL UNITS INCLUDE ACCESSORY ITEMS AND THE REQUIRED SAFETY EQUIPMENT. ALL ITEMS INCLUDING THE VALUES OF EACH ITEM WILL BE NOTED BETWEEN ELEVATE BACKCOUNTRY AND THE OPERATOR PRIOR TO RELEASING THE UNIT. BY SIGNING THE INVENTORY LIST, THE OPERATOR ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY FOR ALL ITEMS LISTED. UPON RETURN OF THE UNIT, ELEVATE BACKCOUNTRY AND THE OPERATOR WILL COUNT ALL RETURNED ITEMS. ANY ITEMS MISSING OR DAMAGED FROM THE SIGNED AGREEMENT WILL BE PAID FOR BY THE OPERATOR AS STATED HEREIN. EARLY RETURNS OR CANCELLATION DUE TO THE NEGLIGENCE OF THE OPERATOR WILL NOT RESULT IN A REFUND. ABSOLUTELY NO REFUNDS WILL BE GIVEN DUE TO MECHANICAL FAILURE UNTIL ELEVATE BACKCOUNTRY HAS HAD THE OPPORTUNITY TO CHECK THE UNIT FOR OPERATOR NEGLIGENCE AND OR ABUSE. IF IT IS DETERMINED THAT THE OPERATOR HAS CAUSED DAMAGE TO THE UNIT, ELEVATE BACKCOUNTRY RESERVES THE RIGHT TO CHARGE THE OPERATOR’S CREDIT CARD WITHOUT ANY FURTHER NOTIFICATION OR AUTHORIZATION FROM ELEVATE BACKCOUNTRY. THE OPERATOR WILL BE RESPONSIBLE FOR ANY LOSS DUE TO UNIT BEING UNAVAILABLE DUE TO DAMAGE CAUSED DURING THIS ACTIVITY PERIOD.
Appears in 1 contract
Samples: Backcountry Agreement
INITIALS. [ILLEGIBLE] ---------------- MULTI-TENANT--GROSS -C- American Industrial Real Estate Association 1993 LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. IF THIS LEASE HAS BEEN FILLED IN, IT HAS BEEN PREPARED FOR YOUR ATTORNEY'S REVIEW AND APPROVAL. FURTHER, EXPERTS SHOULD BE CONSULTED TO EVALUATE THE CONDITION OF THE PROPERTY FOR THE POSSIBLE PRESENCE OF ASBESTOS, UNDERGROUND STORAGE TANKS OR HAZARDOUS SUBSTANCES. NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR BY THE REAL ESTATE BROKERS OR THEIR CONTRACTORS, AGENTS OR EMPLOYEES AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES; THE PARTIES SHALL RELY SOLELY UPON THE ADVICE OF THEIR OWN COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE. IF THE SUBJECT PROPERTY IS IN A STATE OTHER THAN CALIFORNIA, AN ATTORNEY FROM THE STATE WHERE THE PROPERTY IS LOCATED SHOULD BE CONSULTED. The parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. Executed at: Executed at: -------------------------------------- ------------------------------------- on: 4/9/99 on: 4/9/99 ---------------------------------------------- ---------------------------------------------- By LESSOR: By LESSEE: Thornmint I ImageWare Software, Inc. ------------------------------------------------- ------------------------------------------------- a California Limited Partnership ------------------------------------------------- ------------------------------------------------- By: Xxxxx X. Xxxxx By: /s/ [ILLEGIBLE] ---------------------------------------------- ---------------------------------------------- Name Printed: /s/ Xxxxx X. Xxxxx Name Printed: Xxxxx Xxxxxxxxx ------------------------------------- ------------------------------------- Title: General Partner Title: VP & CFO ------------------------------------------- ------------------------------------------- By: By: ---------------------------------------------- ---------------------------------------------- Name Printed: Name Printed: ------------------------------------- ------------------------------------- Title: Title: ------------------------------------------- ------------------------------------------- Address: c/o Price Industries Address: ----------------------------------------- ----------------------------------------- 00000 Xxxxxxxxx Xxxx ------------------------------------------------- ------------------------------------------------- Telephone: (1000) 000-0000 Telephone: (2000) 000-0000 ------------------------------- ------------------------------- Facsimile: (3000) 000-0000 Facsimile: (4000) (5) (6) **Initials certify that I have read 000-0000 ------------------------------- ------------------------------- NOTE: The forms are often modified to meet changing requirements of law and agree to all needs of the above termsindustry. Always write or call to make sure you are utilizing the most current form: AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION, conditions and release of liability000 Xxxxx Xxxxxx Xxxxxx, Xxxxx 000, Xxx Xxxxxxx, XX 00000. Elevate Backcountry – Agreement COMPANY: ELEVATE BACKCOUNTRY xxx.xxxxxxxxxxxxxxxxxx.xxx Xxxx@xxxxxxxxxxxxxxxxxx.xxx VI. OPERATOR CONSENT TO PAYMENT OF EQUIPMENT LOSSES AND DAMAGES A VALID CREDIT CARD NUMBER SHALL BE RETAINED BY ELEVATE BACKCOUNTRY AND WILL BE USED TO PROVIDE FULL COMPENSATION FOR FAILING TO RETURN SAID EQUIPMENT IN AS GOOD CONDITION AS WHEN RECEIVED BY OPERATOR. COMPENSATION INCLUDES, BUT IS NOT LIMITED TO, REIMBURSEMENT OF ARTICLES DAMAGED, MISSING OR BROKEN. OPERATOR AUTHORIZES ELEVATE BACKCOUNTRY TO CHARGE OPERATORS CREDIT CARD FOR THESE ITEMS IN SUCH CASE. IN THE ALTERNATIVE OR IN ADDITION TO THE CHARGES TO OPERATORS CREDIT CARD, ELEVATE BACKCOUNTRY, IN ITS SOLE DISCRETION, MAY DEMAND THAT OPERATOR PAY SUCH CHARGES IN IMMEDIATELY AVAILABLE FUNDS SUCH AS CASH OR CERTIFIED CHECK. THE AMOUNT AVAILABLE ON THE BALANCE OF THE CREDIT CARD SHALL IN NO WAY BE CONSIDERED A LIMITATION ON THE AMOUNT OF DAMAGES, REIMBURSEMENTS, OR ACTIVITY CHARGES OWED TO ELEVATE BACKCOUNTRY BY THE OPERATOR. ALL UNITS ARE NOT CONSIDERED RENTAL UNITS AND ARE PROVIDED FREE OF CHARGE FOR THE UNIT MANTENENCE AND STORAGE SERVICE, THEREFORE ANY FUNDS RECEIVED BY ELEVATE BACKCOUNTRY ARE SOLEY AS AN NONREFUNDABLE DONATION FOR THE AFORMENTIONED SERVICES. OPERATOR HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT THE UNIT IS WITHOUT DAMAGES OR DEFECTS INCLUDING, BUT NOT LIMITED TO, DENTS, SCRATCHES, TEARS, STAINS AND MECHANICAL DAMAGE. AN INSPECTION OF THE UNIT WILL BE CONDUCTED BY BOTH ELEVATE BACKCOUNTRY AND OPERATOR PRIOR TO THE ACTIVITY PERIOD WHEREBY ANY EXISTING DAMAGES WILL BE NOTED AND ACKNOWLEDGED IN WRITING ON THE ATTACHED AGREEMENT FORM. UPON RETURN OF THE UNIT, ELEVATE BACKCOUNTRY WILL CONDUCT A FINAL INSPECTION. OPERATOR WILL BE HELD RESPONSIBLE AND LIABLE FOR THE TOTAL COST OF ANY AND ALL DAMAGES TO THE UNIT THAT WERE NOT NOTED DURING THE INITIAL INSPECTION. ELEVATE BACKCOUNTRY HAS UP TO 48 HOURS AFTER THIS ACTIVITY & PRIOR TO BEING USED AGAIN TO DISCOVER AND INFORM OPERATOR OF DAMAGE FOUND. OPERATOR ACKNOWLEDGES AND UNDERSTANDS THAT ALL UNITS INCLUDE ACCESSORY ITEMS AND THE REQUIRED SAFETY EQUIPMENT. ALL ITEMS INCLUDING THE VALUES OF EACH ITEM WILL BE NOTED BETWEEN ELEVATE BACKCOUNTRY AND THE OPERATOR PRIOR TO RELEASING THE UNIT. BY SIGNING THE INVENTORY LIST, THE OPERATOR ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY FOR ALL ITEMS LISTED. UPON RETURN OF THE UNIT, ELEVATE BACKCOUNTRY AND THE OPERATOR WILL COUNT ALL RETURNED ITEMS. ANY ITEMS MISSING OR DAMAGED FROM THE SIGNED AGREEMENT WILL BE PAID FOR BY THE OPERATOR AS STATED HEREIN. EARLY RETURNS OR CANCELLATION DUE TO THE NEGLIGENCE OF THE OPERATOR WILL NOT RESULT IN A REFUND. ABSOLUTELY NO REFUNDS WILL BE GIVEN DUE TO MECHANICAL FAILURE UNTIL ELEVATE BACKCOUNTRY HAS HAD THE OPPORTUNITY TO CHECK THE UNIT FOR OPERATOR NEGLIGENCE AND OR ABUSE. IF IT IS DETERMINED THAT THE OPERATOR HAS CAUSED DAMAGE TO THE UNIT, ELEVATE BACKCOUNTRY RESERVES THE RIGHT TO CHARGE THE OPERATOR’S CREDIT CARD WITHOUT ANY FURTHER NOTIFICATION OR AUTHORIZATION FROM ELEVATE BACKCOUNTRY. THE OPERATOR WILL BE RESPONSIBLE FOR ANY LOSS DUE TO UNIT BEING UNAVAILABLE DUE TO DAMAGE CAUSED DURING THIS ACTIVITY PERIOD(000) 000-0000.
Appears in 1 contract
Samples: Imageware Software Inc
INITIALS. It is further understood and agreed that the use of or storage of any type of illegal drugs or substances on the demised property will be cause for immediate termination of lease agreement (1INITIALS) GIVEN under our hands and seals this __________day of______________ LANDLORD: 1998, Ltd By. _______________-(Seal TENANT: By: ________________(2SEAL) By: _________________(3SEAL) By:__________________(SEAL) By: ________________(4SEAL) 192 SCHEDULE F BILL OF SALE FOR THE MOTOR CYCLE DIVISION OF CYCLE SPORT UNLIMITED, INC. 193 BILL OF SALE FOR ASSETS OF THE MOTOR CYCLE DIVISION OF CYCLE SPORT UNLIMITED, INC. IN CONSIDERATION for the sum of $300,000.00, the receipt of which is hereby acknowledged, CYCLE SPORT UNLIMITED, INC., a Virginia corporation, (5) "Seller"), hereby does grant, sell, transfer and deliver to V-TWIN ACQUISITIONS, INC., a Virginia corporation, (6) **Initials certify that I have read and agree to "Buyer"), all of Seller's right, title and interest in all assets of Seller for the above termsconduct of a business known as "Cycle Sport Unlimited" located in Herndon and Springfield Virginia, conditions as more fully described in "SCHEDULE A" attached hereto and release the trade name "Cycle Sport Unlimited". Seller warrants that it has good title to the goods sold, free from any security interest or other lien or encumbrance of liability. Elevate Backcountry – Agreement COMPANY: ELEVATE BACKCOUNTRY xxx.xxxxxxxxxxxxxxxxxx.xxx Xxxx@xxxxxxxxxxxxxxxxxx.xxx VI. OPERATOR CONSENT TO PAYMENT OF EQUIPMENT LOSSES AND DAMAGES A VALID CREDIT CARD NUMBER SHALL BE RETAINED BY ELEVATE BACKCOUNTRY AND WILL BE USED TO PROVIDE FULL COMPENSATION FOR FAILING TO RETURN SAID EQUIPMENT IN AS GOOD CONDITION AS WHEN RECEIVED BY OPERATOR. COMPENSATION INCLUDESwhich the Buyer has no knowledge, BUT IS NOT LIMITED TO, REIMBURSEMENT OF ARTICLES DAMAGED, MISSING OR BROKEN. OPERATOR AUTHORIZES ELEVATE BACKCOUNTRY TO CHARGE OPERATORS CREDIT CARD FOR THESE ITEMS IN SUCH CASE. IN THE ALTERNATIVE OR IN ADDITION TO THE CHARGES TO OPERATORS CREDIT CARD, ELEVATE BACKCOUNTRY, IN ITS SOLE DISCRETION, MAY DEMAND THAT OPERATOR PAY SUCH CHARGES IN IMMEDIATELY AVAILABLE FUNDS SUCH AS CASH OR CERTIFIED CHECKand that Seller has the right to sell and transfer the goods. THE AMOUNT AVAILABLE ON THE BALANCE OF THE CREDIT CARD SHALL IN NO WAY BE CONSIDERED A LIMITATION ON THE AMOUNT OF DAMAGESGOODS ARE SOLD "AS IS", REIMBURSEMENTSWITHOUT ANY OTHER WARRANTIES, EXPRESS OR ACTIVITY CHARGES OWED TO ELEVATE BACKCOUNTRY BY THE OPERATOR. ALL UNITS ARE NOT CONSIDERED RENTAL UNITS AND ARE PROVIDED FREE OF CHARGE FOR THE UNIT MANTENENCE AND STORAGE SERVICEIMPLIED, THEREFORE ANY FUNDS RECEIVED BY ELEVATE BACKCOUNTRY ARE SOLEY AS AN NONREFUNDABLE DONATION FOR THE AFORMENTIONED SERVICES. OPERATOR HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT THE UNIT IS WITHOUT DAMAGES OR DEFECTS INCLUDING, BUT NOT LIMITED TO, DENTSIMPLIED WARRANTY OR MERCHANTABILITY AND USAGE OF TRADE OR IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. CYCLE SPORT UNLIMITED, SCRATCHESINC. A Virginia Corporation By: --------------------------------- Davix X. Xxxx, TEARSXxesident ACCEPTED: V-TWIN ACQUISITIONS, STAINS AND MECHANICAL DAMAGEINC. AN INSPECTION OF THE UNIT WILL BE CONDUCTED BY BOTH ELEVATE BACKCOUNTRY AND OPERATOR PRIOR TO THE ACTIVITY PERIOD WHEREBY ANY EXISTING DAMAGES WILL BE NOTED AND ACKNOWLEDGED IN WRITING ON THE ATTACHED AGREEMENT FORM. UPON RETURN OF THE UNITA Virginia Corporation By: --------------------------- Ted X. Xxxxxxxxxxxx, ELEVATE BACKCOUNTRY WILL CONDUCT A FINAL INSPECTION. OPERATOR WILL BE HELD RESPONSIBLE AND LIABLE FOR THE TOTAL COST OF ANY AND ALL DAMAGES TO THE UNIT THAT WERE NOT NOTED DURING THE INITIAL INSPECTION. ELEVATE BACKCOUNTRY HAS UP TO 48 HOURS AFTER THIS ACTIVITY & PRIOR TO BEING USED AGAIN TO DISCOVER AND INFORM OPERATOR OF DAMAGE FOUND. OPERATOR ACKNOWLEDGES AND UNDERSTANDS THAT ALL UNITS INCLUDE ACCESSORY ITEMS AND THE REQUIRED SAFETY EQUIPMENT. ALL ITEMS INCLUDING THE VALUES OF EACH ITEM WILL BE NOTED BETWEEN ELEVATE BACKCOUNTRY AND THE OPERATOR PRIOR TO RELEASING THE UNIT. BY SIGNING THE INVENTORY LIST, THE OPERATOR ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY FOR ALL ITEMS LISTED. UPON RETURN OF THE UNIT, ELEVATE BACKCOUNTRY AND THE OPERATOR WILL COUNT ALL RETURNED ITEMS. ANY ITEMS MISSING OR DAMAGED FROM THE SIGNED AGREEMENT WILL BE PAID FOR BY THE OPERATOR AS STATED HEREIN. EARLY RETURNS OR CANCELLATION DUE TO THE NEGLIGENCE OF THE OPERATOR WILL NOT RESULT IN A REFUND. ABSOLUTELY NO REFUNDS WILL BE GIVEN DUE TO MECHANICAL FAILURE UNTIL ELEVATE BACKCOUNTRY HAS HAD THE OPPORTUNITY TO CHECK THE UNIT FOR OPERATOR NEGLIGENCE AND OR ABUSE. IF IT IS DETERMINED THAT THE OPERATOR HAS CAUSED DAMAGE TO THE UNIT, ELEVATE BACKCOUNTRY RESERVES THE RIGHT TO CHARGE THE OPERATOR’S CREDIT CARD WITHOUT ANY FURTHER NOTIFICATION OR AUTHORIZATION FROM ELEVATE BACKCOUNTRY. THE OPERATOR WILL BE RESPONSIBLE FOR ANY LOSS DUE TO UNIT BEING UNAVAILABLE DUE TO DAMAGE CAUSED DURING THIS ACTIVITY PERIOD.XXO 194 SCHEDULE G
Appears in 1 contract
Samples: Agreement (V Twin Acquisitions Inc)
INITIALS. Landlord ______ Tenant ______ EXHIBIT E ATTACHED TO AND FORMING A PART OF LEASE AGREEMENT DATED AS OF MARCH 10, 2000 BETWEEN PARKSIDE TOWERS CO-TENANCY, AS LANDLORD, AND INKTOMI CORPORATION, AS TENANT (1"LEASE") APPROVED LETTER OF CREDIT FORM [LETTERHEAD OF ISSUING BANK] [MUST BE A BANK WHOSE LOCATION, CREDIT AND PRACTICES LANDLORD HAS APPROVED] RE: IRREVOCABLE COMMERCIAL LETTER OF CREDIT NO. _________ TO: [NAME OF PROJECT OWNER] (2) "Landlord"), __________________________________ __________________ [LANDLORD'S ADDRESS] Gentlemen: We hereby issue our Irrevocable Commercial Letter of Credit in your favor, for the account of _____________________________ [NAME OF TENANT AND TYPE OF ENTITY (3) E.G. "ABC CORPORATION, A CALIFORNIA CORPORATION")] (4) "Tenant"), in the amount of ______________________________ Dollars (5) (6) **Initials certify $__________). This amount is available to you on presentation of your sight draft drawn upon us referring to the above letter of credit number, date and amount being drawn hereunder, accompanied by the signed statement of you or your authorized agent, Cornerstone Properties Limited Partnership dba Xxxxxx Cornerstone Properties Limited Partnership, that I have read and agree the amount drawn hereunder is being drawn pursuant to all the terms of the above terms_______________ [TITLE OF LEASE DOCUMENT (E.G. OFFICE LEASE, conditions LEASE AGREEMENT, ETC.)] dated as of __________, between Tenant, as tenant, and release Landlord, as landlord, for certain premises located at _______________ __________________________ (the "Lease"). Any draft presented for payment must be presented on or before ________________ [TERM SHOULD BE AT LEAST ONE YEAR], the date this Letter of liabilityCredit expires. Elevate Backcountry – Agreement COMPANY: ELEVATE BACKCOUNTRY xxx.xxxxxxxxxxxxxxxxxx.xxx Xxxx@xxxxxxxxxxxxxxxxxx.xxx VI. OPERATOR CONSENT TO PAYMENT OF EQUIPMENT LOSSES AND DAMAGES A VALID CREDIT CARD NUMBER SHALL BE RETAINED BY ELEVATE BACKCOUNTRY AND WILL BE USED TO PROVIDE FULL COMPENSATION FOR FAILING TO RETURN SAID EQUIPMENT IN AS GOOD CONDITION AS WHEN RECEIVED BY OPERATOR. COMPENSATION INCLUDES, BUT IS NOT LIMITED TO, REIMBURSEMENT OF ARTICLES DAMAGED, MISSING OR BROKEN. OPERATOR AUTHORIZES ELEVATE BACKCOUNTRY TO CHARGE OPERATORS CREDIT CARD FOR THESE ITEMS IN SUCH CASE. IN THE ALTERNATIVE OR IN ADDITION TO THE CHARGES TO OPERATORS CREDIT CARD, ELEVATE BACKCOUNTRY, IN ITS SOLE DISCRETION, MAY DEMAND THAT OPERATOR PAY SUCH CHARGES IN IMMEDIATELY AVAILABLE FUNDS SUCH AS CASH OR CERTIFIED CHECK. THE AMOUNT AVAILABLE ON THE BALANCE OF THE CREDIT CARD SHALL IN NO WAY BE CONSIDERED A LIMITATION ON THE AMOUNT OF DAMAGES, REIMBURSEMENTS, OR ACTIVITY CHARGES OWED TO ELEVATE BACKCOUNTRY BY THE OPERATOR. ALL UNITS ARE NOT CONSIDERED RENTAL UNITS AND ARE PROVIDED FREE OF CHARGE FOR THE UNIT MANTENENCE AND STORAGE SERVICE, THEREFORE ANY FUNDS RECEIVED BY ELEVATE BACKCOUNTRY ARE SOLEY AS AN NONREFUNDABLE DONATION FOR THE AFORMENTIONED SERVICES. OPERATOR HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT THE UNIT IS WITHOUT DAMAGES OR DEFECTS INCLUDING, BUT NOT LIMITED TO, DENTS, SCRATCHES, TEARS, STAINS AND MECHANICAL DAMAGE. AN INSPECTION OF THE UNIT WILL BE CONDUCTED BY BOTH ELEVATE BACKCOUNTRY AND OPERATOR PRIOR TO THE ACTIVITY PERIOD WHEREBY ANY EXISTING DAMAGES WILL BE NOTED AND ACKNOWLEDGED IN WRITING ON THE ATTACHED AGREEMENT FORM. UPON RETURN OF THE UNIT, ELEVATE BACKCOUNTRY WILL CONDUCT A FINAL INSPECTION. OPERATOR WILL BE HELD RESPONSIBLE AND LIABLE FOR THE TOTAL COST OF ANY AND ALL DAMAGES TO THE UNIT THAT WERE NOT NOTED DURING THE INITIAL INSPECTION. ELEVATE BACKCOUNTRY HAS UP TO 48 HOURS AFTER THIS ACTIVITY & PRIOR TO BEING USED AGAIN TO DISCOVER AND INFORM OPERATOR OF DAMAGE FOUND. OPERATOR ACKNOWLEDGES AND UNDERSTANDS THAT ALL UNITS INCLUDE ACCESSORY ITEMS AND THE REQUIRED SAFETY EQUIPMENT. ALL ITEMS INCLUDING THE VALUES OF EACH ITEM WILL BE NOTED BETWEEN ELEVATE BACKCOUNTRY AND THE OPERATOR PRIOR TO RELEASING THE UNIT. BY SIGNING THE INVENTORY LIST, THE OPERATOR ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY FOR ALL ITEMS LISTED. UPON RETURN OF THE UNIT, ELEVATE BACKCOUNTRY AND THE OPERATOR WILL COUNT ALL RETURNED ITEMS. ANY ITEMS MISSING OR DAMAGED FROM THE SIGNED AGREEMENT WILL BE PAID FOR BY THE OPERATOR AS STATED HEREIN. EARLY RETURNS OR CANCELLATION DUE TO THE NEGLIGENCE OF THE OPERATOR WILL NOT RESULT IN A REFUND. ABSOLUTELY NO REFUNDS WILL BE GIVEN DUE TO MECHANICAL FAILURE UNTIL ELEVATE BACKCOUNTRY HAS HAD THE OPPORTUNITY TO CHECK THE UNIT FOR OPERATOR NEGLIGENCE AND OR ABUSE. IF IT IS DETERMINED THAT THE OPERATOR HAS CAUSED DAMAGE TO THE UNIT, ELEVATE BACKCOUNTRY RESERVES THE RIGHT TO CHARGE THE OPERATOR’S CREDIT CARD WITHOUT ANY FURTHER NOTIFICATION OR AUTHORIZATION FROM ELEVATE BACKCOUNTRY. THE OPERATOR WILL BE RESPONSIBLE FOR ANY LOSS DUE TO UNIT BEING UNAVAILABLE DUE TO DAMAGE CAUSED DURING THIS ACTIVITY PERIODPartial drawings are permitted.
Appears in 1 contract
Samples: Lease Agreement (Inktomi Corp)
INITIALS. DP ----- MULTI-TENANT--MODIFIED NET RAM ----- (1Copyright) (2) (3) (4) (5) (6) **Initials certify that I have read and agree to all of the above termsAmerican Industrial Real Estate Association 1993 IF THIS LEASE HAS BEEN FILLED IN, conditions and release of liabilityIT HAS BEEN PREPARED FOR YOUR ATTORNEY'S REVIEW AND APPROVAL. Elevate Backcountry – Agreement COMPANY: ELEVATE BACKCOUNTRY xxx.xxxxxxxxxxxxxxxxxx.xxx Xxxx@xxxxxxxxxxxxxxxxxx.xxx VIFURTHER, EXPERTS SHOULD BE CONSULTED TO EVALUATE THE CONDITION OF THE PROPERTY FOR THE POSSIBLE PRESENCE OF ASBESTOS, UNDERGROUND STORAGE TANKS OR HAZARDOUS SUBSTANCES. OPERATOR CONSENT TO PAYMENT OF EQUIPMENT LOSSES AND DAMAGES A VALID CREDIT CARD NUMBER SHALL BE RETAINED NO REPRESENTATION OR RECOMMENDATION IS MADE BY ELEVATE BACKCOUNTRY AND WILL BE USED TO PROVIDE FULL COMPENSATION FOR FAILING TO RETURN SAID EQUIPMENT IN THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR BY THE REAL ESTATE BROKERS OR THEIR CONTRACTORS, AGENTS OR EMPLOYEES AS GOOD CONDITION AS WHEN RECEIVED BY OPERATOR. COMPENSATION INCLUDES, BUT IS NOT LIMITED TO, REIMBURSEMENT OF ARTICLES DAMAGED, MISSING OR BROKEN. OPERATOR AUTHORIZES ELEVATE BACKCOUNTRY TO CHARGE OPERATORS CREDIT CARD FOR THESE ITEMS IN SUCH CASE. IN THE ALTERNATIVE OR IN ADDITION TO THE CHARGES TO OPERATORS CREDIT CARDLEGAL SUFFICIENCY, ELEVATE BACKCOUNTRY, IN ITS SOLE DISCRETION, MAY DEMAND THAT OPERATOR PAY SUCH CHARGES IN IMMEDIATELY AVAILABLE FUNDS SUCH AS CASH OR CERTIFIED CHECK. THE AMOUNT AVAILABLE ON THE BALANCE OF THE CREDIT CARD SHALL IN NO WAY BE CONSIDERED A LIMITATION ON THE AMOUNT OF DAMAGES, REIMBURSEMENTSLEGAL EFFECT, OR ACTIVITY CHARGES OWED TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO ELEVATE BACKCOUNTRY BY WHICH IT RELATES; THE OPERATOR. ALL UNITS ARE NOT CONSIDERED RENTAL UNITS AND ARE PROVIDED FREE PARTIES SHALL RELY SOLELY UPON THE ADVICE OF CHARGE FOR THE UNIT MANTENENCE AND STORAGE SERVICE, THEREFORE ANY FUNDS RECEIVED BY ELEVATE BACKCOUNTRY ARE SOLEY THEIR OWN COUNSEL AS AN NONREFUNDABLE DONATION FOR THE AFORMENTIONED SERVICES. OPERATOR HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT THE UNIT IS WITHOUT DAMAGES OR DEFECTS INCLUDING, BUT NOT LIMITED TO, DENTS, SCRATCHES, TEARS, STAINS AND MECHANICAL DAMAGE. AN INSPECTION OF THE UNIT WILL BE CONDUCTED BY BOTH ELEVATE BACKCOUNTRY AND OPERATOR PRIOR TO THE ACTIVITY PERIOD WHEREBY ANY EXISTING DAMAGES WILL BE NOTED LEGAL AND ACKNOWLEDGED TAX CONSEQUENCES OF THIS LEASE. IF THE SUBJECT PROPERTY IS IN WRITING ON THE ATTACHED AGREEMENT FORM. UPON RETURN OF THE UNITA STATE OTHER THAN CALIFORNIA, ELEVATE BACKCOUNTRY WILL CONDUCT A FINAL INSPECTION. OPERATOR WILL BE HELD RESPONSIBLE AND LIABLE FOR THE TOTAL COST OF ANY AND ALL DAMAGES TO THE UNIT THAT WERE NOT NOTED DURING THE INITIAL INSPECTION. ELEVATE BACKCOUNTRY HAS UP TO 48 HOURS AFTER THIS ACTIVITY & PRIOR TO BEING USED AGAIN TO DISCOVER AND INFORM OPERATOR OF DAMAGE FOUND. OPERATOR ACKNOWLEDGES AND UNDERSTANDS THAT ALL UNITS INCLUDE ACCESSORY ITEMS AND THE REQUIRED SAFETY EQUIPMENT. ALL ITEMS INCLUDING THE VALUES OF EACH ITEM WILL BE NOTED BETWEEN ELEVATE BACKCOUNTRY AND THE OPERATOR PRIOR TO RELEASING THE UNIT. BY SIGNING THE INVENTORY LIST, THE OPERATOR ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY FOR ALL ITEMS LISTED. UPON RETURN OF THE UNIT, ELEVATE BACKCOUNTRY AND THE OPERATOR WILL COUNT ALL RETURNED ITEMS. ANY ITEMS MISSING OR DAMAGED AN ATTORNEY FROM THE SIGNED AGREEMENT WILL STATE WHERE THE PROPERTY IS LOCATED SHOULD BE PAID FOR BY THE OPERATOR AS STATED HEREINCONSULTED. EARLY RETURNS OR CANCELLATION DUE TO THE NEGLIGENCE OF THE OPERATOR WILL NOT RESULT IN A REFUNDThe parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. ABSOLUTELY NO REFUNDS WILL BE GIVEN DUE TO MECHANICAL FAILURE UNTIL ELEVATE BACKCOUNTRY HAS HAD THE OPPORTUNITY TO CHECK THE UNIT FOR OPERATOR NEGLIGENCE AND OR ABUSE. IF IT IS DETERMINED THAT THE OPERATOR HAS CAUSED DAMAGE TO THE UNITExecuted at: Executed at: -------------------------- -------------------------- on: on: ----------------------------------- ----------------------------------- By LESSOR: By LESSEE: Richxxx xxx Donnx Xxxxxx, ELEVATE BACKCOUNTRY RESERVES THE RIGHT TO CHARGE THE OPERATOR’S CREDIT CARD WITHOUT ANY FURTHER NOTIFICATION OR AUTHORIZATION FROM ELEVATE BACKCOUNTRY. THE OPERATOR WILL BE RESPONSIBLE FOR ANY LOSS DUE TO UNIT BEING UNAVAILABLE DUE TO DAMAGE CAUSED DURING THIS ACTIVITY PERIOD.Xxustees of Skechers U.S.A., Inc. -------------------------------------- -------------------------------------- the Piazza Family Trust -------------------------------------- -------------------------------------- By: /s/ Richxxx Xxxxxx By: /s/ Rogex X. Xxxx ----------------------------------- ----------------------------------- Name Printed: Richxxx Xxxxxx, Xxustee Name Printed: Rogex X. Xxxx ------------------------- ------------------------- Title: Owner Title: Director of Real Estate -------------------------------- -------------------------------- By: Donnx Xxxxxx By: ----------------------------------- ----------------------------------- Name Printed: Donnx Xxxxxx, Xxustee Name Printed: ------------------------- ------------------------- Title: Owner Title: -------------------------------- -------------------------------- Address: 2612 Pine Address: ------------------------------ ------------------------------ Manhxxxxx Xxxxx XX 00000 -------------------------------------- -------------------------------------- Telephone: (310) 000-0000 Telephone: ( ) ---------------------------- ---------------------------- Facsimile: ( ) Facsimile: ( ) ---------------------------- ---------------------------- BROKER: BROKER: Executed at: Executed at: -------------------------- -------------------------- on: on: ----------------------------------- ----------------------------------- by: by: ----------------------------------- ----------------------------------- Name Printed: Name Printed: ------------------------- ------------------------- Title: Title: -------------------------------- -------------------------------- Address: Address: ------------------------------ ------------------------------ -------------------------------------- -------------------------------------- Telephone: ( ) Telephone: ( ) ---------------------------- ---------------------------- Facsimile: ( ) Facsimile: ( ) ---------------------------- ----------------------------
Appears in 1 contract
Samples: Skechers Usa Inc
INITIALS. EG --------- --------- MULTI-TENANT--GROSS 'c' American Industrial Real Estate Association 1993 LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. IF THIS LEASE HAS BEEN FILLED IN, IT HAS BEEN PREPARED FOR YOUR ATTORNEY'S REVIEW AND APPROVAL. FURTHER, EXPERTS SHOULD BE CONSULTED TO EVALUATE THE CONDITION OF THE PROPERTY FOR THE POSSIBLE PRESENCE OF ASBESTOS, UNDERGROUND STORAGE TANKS OR HAZARDOUS SUBSTANCES. NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR BY THE REAL ESTATE BROKERS OR THEIR CONTRACTORS, AGENTS OR EMPLOYEES AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES; THE PARTIES SHALL RELY SOLELY UPON THE ADVICE OF THEIR OWN COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE. IF THE SUBJECT PROPERTY IS IN A STATE OTHER THAN CALIFORNIA, AN ATTORNEY FROM THE STATE WHERE THE PROPERTY IS LOCATED SHOULD BE CONSULTED. The parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. Executed at: San Francisco, CA Executed at: San Francisco, CA --------------------------- -------------------------- on: March 18, 1999 on: March 18, 1999 ------------------------------------ ----------------------------------- By LESSOR: By LESSEE: AMPAC Technology LLC American Pacific Technology --------------------------------------- -------------------------------------- Corporation --------------------------------------- -------------------------------------- By: By: ------------------------------------ ----------------------------------- Name Printed: Xxxx Xxxxxxx Name Printed: Xxxx Xxxxxxx -------------------------- ------------------------- Title: Title: President --------------------------------- -------------------------------- By: /s/ Xxxx Xxxxxxx By: /s/ Xxxx Xxxxxxx ------------------------------------ ----------------------------------- Name Printed: Name Printed: -------------------------- ------------------------- Title: Title: --------------------------------- -------------------------------- Address: Xxx Xxxxxxx Xxxxxx, 00xx Xxxxx Address: 0000 Xxxxx Xxxxx Drive ------------------------------- ------------------------------ Xxx Xxxxxxxxx, XX 00000 Xxx Xxxxx, XX 00000 --------------------------------------- -------------------------------------- Telephone: (1000) 000-0000 Telephone: (2000) 000-0000 ----------------------------- ---------------------------- Facsimile: (3000) 000-0000 Facsimile: (4000) (5000-0000 ----------------------------- ---------------------------- BROKER: BROKER Executed at: Executed at: --------------------------- -------------------------- on: on: ------------------------------------ ----------------------------------- By: By: ------------------------------------ ----------------------------------- Name Printed: Name Printed: -------------------------- ------------------------- Title: Title: --------------------------------- -------------------------------- Address: Address: ------------------------------- ------------------------------ --------------------------------------- -------------------------------------- Telephone: ( ) (6Telephone: ( ) **Initials certify that I have read ----------------------------- ---------------------------- Facsimile: ( ) Facsimile: ( ) ----------------------------- ---------------------------- NOTE: These forms are often modified to meet changing requirements of law and agree to all needs of the above termsindustry. Always write or call to make sure you are utilizing the most current form: AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION, conditions and release of liability000 Xx. Elevate Backcountry – Agreement COMPANYXxxxxxxx Xx., M-1, Los Angeles, CA 90071. (000) 000-0000. Initials: ELEVATE BACKCOUNTRY xxx.xxxxxxxxxxxxxxxxxx.xxx Xxxx@xxxxxxxxxxxxxxxxxx.xxx VI. OPERATOR CONSENT TO PAYMENT OF EQUIPMENT LOSSES AND DAMAGES A VALID CREDIT CARD NUMBER SHALL BE RETAINED BY ELEVATE BACKCOUNTRY AND WILL BE USED TO PROVIDE FULL COMPENSATION FOR FAILING TO RETURN SAID EQUIPMENT IN AS GOOD CONDITION AS WHEN RECEIVED BY OPERATOR. COMPENSATION INCLUDES, BUT IS NOT LIMITED TO, REIMBURSEMENT OF ARTICLES DAMAGED, MISSING OR BROKEN. OPERATOR AUTHORIZES ELEVATE BACKCOUNTRY TO CHARGE OPERATORS CREDIT CARD FOR THESE ITEMS IN SUCH CASE. IN THE ALTERNATIVE OR IN ADDITION TO THE CHARGES TO OPERATORS CREDIT CARD, ELEVATE BACKCOUNTRY, IN ITS SOLE DISCRETION, MAY DEMAND THAT OPERATOR PAY SUCH CHARGES IN IMMEDIATELY AVAILABLE FUNDS SUCH AS CASH OR CERTIFIED CHECK. THE AMOUNT AVAILABLE ON THE BALANCE OF THE CREDIT CARD SHALL IN NO WAY BE CONSIDERED A LIMITATION ON THE AMOUNT OF DAMAGES, REIMBURSEMENTS, OR ACTIVITY CHARGES OWED TO ELEVATE BACKCOUNTRY BY THE OPERATOR. ALL UNITS ARE NOT CONSIDERED RENTAL UNITS AND ARE PROVIDED FREE OF CHARGE FOR THE UNIT MANTENENCE AND STORAGE SERVICE, THEREFORE ANY FUNDS RECEIVED BY ELEVATE BACKCOUNTRY ARE SOLEY AS AN NONREFUNDABLE DONATION FOR THE AFORMENTIONED SERVICES. OPERATOR HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT THE UNIT IS WITHOUT DAMAGES OR DEFECTS INCLUDING, BUT NOT LIMITED TO, DENTS, SCRATCHES, TEARS, STAINS AND MECHANICAL DAMAGE. AN INSPECTION OF THE UNIT WILL BE CONDUCTED BY BOTH ELEVATE BACKCOUNTRY AND OPERATOR PRIOR TO THE ACTIVITY PERIOD WHEREBY ANY EXISTING DAMAGES WILL BE NOTED AND ACKNOWLEDGED IN WRITING ON THE ATTACHED AGREEMENT FORM. UPON RETURN OF THE UNIT, ELEVATE BACKCOUNTRY WILL CONDUCT A FINAL INSPECTION. OPERATOR WILL BE HELD RESPONSIBLE AND LIABLE FOR THE TOTAL COST OF ANY AND ALL DAMAGES TO THE UNIT THAT WERE NOT NOTED DURING THE INITIAL INSPECTION. ELEVATE BACKCOUNTRY HAS UP TO 48 HOURS AFTER THIS ACTIVITY & PRIOR TO BEING USED AGAIN TO DISCOVER AND INFORM OPERATOR OF DAMAGE FOUND. OPERATOR ACKNOWLEDGES AND UNDERSTANDS THAT ALL UNITS INCLUDE ACCESSORY ITEMS AND THE REQUIRED SAFETY EQUIPMENT. ALL ITEMS INCLUDING THE VALUES OF EACH ITEM WILL BE NOTED BETWEEN ELEVATE BACKCOUNTRY AND THE OPERATOR PRIOR TO RELEASING THE UNIT. BY SIGNING THE INVENTORY LIST, THE OPERATOR ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY FOR ALL ITEMS LISTED. UPON RETURN OF THE UNIT, ELEVATE BACKCOUNTRY AND THE OPERATOR WILL COUNT ALL RETURNED ITEMS. ANY ITEMS MISSING OR DAMAGED FROM THE SIGNED AGREEMENT WILL BE PAID FOR BY THE OPERATOR AS STATED HEREIN. EARLY RETURNS OR CANCELLATION DUE TO THE NEGLIGENCE OF THE OPERATOR WILL NOT RESULT IN A REFUND. ABSOLUTELY NO REFUNDS WILL BE GIVEN DUE TO MECHANICAL FAILURE UNTIL ELEVATE BACKCOUNTRY HAS HAD THE OPPORTUNITY TO CHECK THE UNIT FOR OPERATOR NEGLIGENCE AND OR ABUSE. IF IT IS DETERMINED THAT THE OPERATOR HAS CAUSED DAMAGE TO THE UNIT, ELEVATE BACKCOUNTRY RESERVES THE RIGHT TO CHARGE THE OPERATOR’S CREDIT CARD WITHOUT ANY FURTHER NOTIFICATION OR AUTHORIZATION FROM ELEVATE BACKCOUNTRY. THE OPERATOR WILL BE RESPONSIBLE FOR ANY LOSS DUE TO UNIT BEING UNAVAILABLE DUE TO DAMAGE CAUSED DURING THIS ACTIVITY PERIOD.EG -------- MULTI-TENANT--GROSS 'c' American Industrial Real Estate Association 1993 --------
Appears in 1 contract
Samples: Chipcards Inc
INITIALS. KEO ----- SD MULTI-TENANT--MODIFIED NET -10- ----- -C- American Industrial Real Estate Association 1993 LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. IF THIS LEASE HAS BEEN FILLED IN, IT HAS BEEN PREPARED FOR YOUR ATTORNEY'S REVIEW AND APPROVAL. FURTHER, EXPERTS SHOULD BE CONSULTED TO EVALUATE THE CONDITION OF THE PROPERTY FOR THE POSSIBLE PRESENCE OF ASBESTOS, UNDERGROUND STORAGE TANKS OR HAZARDOUS SUBSTANCES. NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR BY THE REAL ESTATE BROKERS OR THEIR CONTRACTORS, AGENTS OR EMPLOYEES AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES; THE PARTIES SHALL RELY SOLELY UPON THE ADVICE OF THEIR OWN COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE. IF THE SUBJECT PROPERTY IS IN A STATE OTHER THAN CALIFORNIA, AN ATTORNEY FROM THE STATE WHERE THE PROPERTY IS LOCATED SHOULD BE CONSULTED. The parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. Executed at: Sacramento, California Executed at: Brookland Park, Minnesota -------------------------------------- ------------------------------------- on: 5-1-98 on: May 1, 1998 ---------------------------------------------- ---------------------------------------------- By LESSOR: By LESSEE: SUN RIVER PROPERTIES, INC. A CALIFORNIA NORTHSTAR COMPUTER FORMS, INC. A ------------------------------------------------- ------------------------------------------------- CORPORATION. MINNESOTA CORPORATION ------------------------------------------------- ------------------------------------------------- By: /s/ Xxxxx X. Xxxxxx By: /s/ Xxxxxxx X. Xxxxxxxxxx ---------------------------------------------- ---------------------------------------------- Name Printed: Xxxxx X. Xxxxxx Name Printed: Xxxxxxx X. Xxxxxxxxxx ------------------------------------- ------------------------------------- Title: President Title: President ------------------------------------------- ------------------------------------------- By: By: ---------------------------------------------- ---------------------------------------------- Name Printed: Name Printed: ------------------------------------- ------------------------------------- Title: Title: ------------------------------------------- ------------------------------------------- Address: 000 Xxxx Xxxxxx, Ste 500 Address: 0000 Xxxxxxxxx Xxxxxx, Xxxxx ----------------------------------------- ----------------------------------------- Xxxxxxxxxx, XX 00000 Xxxxxxxxx Xxxx, XX 00000 ------------------------------------------------- ------------------------------------------------- Telephone: (1000) 000-0000 Telephone: (2000) 000-0000 --------------------------------- --------------------------------- Facsimile: (3000) 000-0000 Facsimile: (4000) 000-0000 --------------------------------- --------------------------------- ALL NOTICES TO LESSOR SENT TO: Panattoni & Xxxxxxx at Address Below. BROKER: CB COMMERCIAL REAL ESTATE GROUP BROKER: CORPORATE FACILITY CONSULTING (5CFC) CRESA Executed at: Denver, Colorado Executed at: Englewood, Colorado -------------------------------------- ------------------------------------- on: on: ---------------------------------------------- ---------------------------------------------- By: By: ---------------------------------------------- ---------------------------------------------- Name Printed: Xxxxx X. Xxxx Name Printed: Xxxxx X. Cloud, CCIM ------------------------------------- ------------------------------------- Title: Sr. Vice President Title: ------------------------------------------- ------------------------------------------- Address: 0000 Xxxxxxxxxxx Xx., Xxx 000 Address: 0000 Xxxx Xxxxxxx Xx., Xxx 000X ----------------------------------------- ----------------------------------------- Xxxxxx, XX 00000 Xxxxxxxxx, XX 00000 ------------------------------------------------- ------------------------------------------------- Telephone: (6000) **Initials certify that I have read 000-0000 Telephone: (000) 000-0000 ---------------------------------- --------------------------------- Facsimile: (000) 000-0000 Facsimile: (000) 000-0000 ---------------------------------- --------------------------------- NOTE: These forms are often modified to meet changing requirements of law and agree to all needs of the above termsindustry. Always write or call to make sure you are utilizing the most current form: AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION, conditions 000 Xxxxx Xxxxxx Xxxxxx, Xxxxx 000, Xxx Xxxxxxx, XX 00000. (000) 000-0000. NOTCES FOR LESSOR SENT TO: Panattoni & Xxxxxxx Phone: (000) 000-0000 ATTN: Bolder Property Management Facsimile: (000) 000-0000 0000 Xxx Xxxxxx Xxxxx, Xxx #0 Xxxxxxxxxx, XX 00000 INITIALS: KEO ----- SD MULTI-TENANT--MODIFIED NET -11- ----- -C- American Industrial Real Estate Association 1993 FIRST LEASE ADDENDUM TO STANDARD AIR INDUSTRIAL/COMMERCIAL MULTI-TENANT LEASE-MODIFIED NET In the event of a conflict between the terms of this Addendum and release the provisions of liabilitythe printed form of the AIR Lease, the provisions of the Addendum shall govern. Elevate Backcountry – Agreement COMPANY: ELEVATE BACKCOUNTRY xxx.xxxxxxxxxxxxxxxxxx.xxx Xxxx@xxxxxxxxxxxxxxxxxx.xxx VI. OPERATOR CONSENT TO PAYMENT OF EQUIPMENT LOSSES AND DAMAGES A VALID CREDIT CARD NUMBER SHALL BE RETAINED BY ELEVATE BACKCOUNTRY AND WILL BE USED TO PROVIDE FULL COMPENSATION FOR FAILING TO RETURN SAID EQUIPMENT IN AS GOOD CONDITION AS WHEN RECEIVED BY OPERATOR. COMPENSATION INCLUDESTherefore, BUT IS NOT LIMITED TOthe following provisions shall amend that certain Lease agreement between Sun River Properties, REIMBURSEMENT OF ARTICLES DAMAGEDInc. as "Lessor" and Northstar Computer Forms, MISSING OR BROKEN. OPERATOR AUTHORIZES ELEVATE BACKCOUNTRY TO CHARGE OPERATORS CREDIT CARD FOR THESE ITEMS IN SUCH CASE. IN THE ALTERNATIVE OR IN ADDITION TO THE CHARGES TO OPERATORS CREDIT CARDInc. as "Lessee", ELEVATE BACKCOUNTRYdated for reference purposes only, IN ITS SOLE DISCRETIONMay 1, MAY DEMAND THAT OPERATOR PAY SUCH CHARGES IN IMMEDIATELY AVAILABLE FUNDS SUCH AS CASH OR CERTIFIED CHECK. THE AMOUNT AVAILABLE ON THE BALANCE OF THE CREDIT CARD SHALL IN NO WAY BE CONSIDERED A LIMITATION ON THE AMOUNT OF DAMAGES1998 and affecting that certain Property known as 0000 Xxxxx Xxxxxxxx Xxxxx, REIMBURSEMENTSXxxxx "X", OR ACTIVITY CHARGES OWED TO ELEVATE BACKCOUNTRY BY THE OPERATOR. ALL UNITS ARE NOT CONSIDERED RENTAL UNITS AND ARE PROVIDED FREE OF CHARGE FOR THE UNIT MANTENENCE AND STORAGE SERVICEXxxxxx, THEREFORE ANY FUNDS RECEIVED BY ELEVATE BACKCOUNTRY ARE SOLEY AS AN NONREFUNDABLE DONATION FOR THE AFORMENTIONED SERVICES. OPERATOR HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT THE UNIT IS WITHOUT DAMAGES OR DEFECTS INCLUDINGXxxxxxxx, BUT NOT LIMITED TO, DENTS, SCRATCHES, TEARS, STAINS AND MECHANICAL DAMAGE. AN INSPECTION OF THE UNIT WILL BE CONDUCTED BY BOTH ELEVATE BACKCOUNTRY AND OPERATOR PRIOR TO THE ACTIVITY PERIOD WHEREBY ANY EXISTING DAMAGES WILL BE NOTED AND ACKNOWLEDGED IN WRITING ON THE ATTACHED AGREEMENT FORM. UPON RETURN OF THE UNIT, ELEVATE BACKCOUNTRY WILL CONDUCT A FINAL INSPECTION. OPERATOR WILL BE HELD RESPONSIBLE AND LIABLE FOR THE TOTAL COST OF ANY AND ALL DAMAGES TO THE UNIT THAT WERE NOT NOTED DURING THE INITIAL INSPECTION. ELEVATE BACKCOUNTRY HAS UP TO 48 HOURS AFTER THIS ACTIVITY & PRIOR TO BEING USED AGAIN TO DISCOVER AND INFORM OPERATOR OF DAMAGE FOUND. OPERATOR ACKNOWLEDGES AND UNDERSTANDS THAT ALL UNITS INCLUDE ACCESSORY ITEMS AND THE REQUIRED SAFETY EQUIPMENT. ALL ITEMS INCLUDING THE VALUES OF EACH ITEM WILL BE NOTED BETWEEN ELEVATE BACKCOUNTRY AND THE OPERATOR PRIOR TO RELEASING THE UNIT. BY SIGNING THE INVENTORY LIST, THE OPERATOR ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY FOR ALL ITEMS LISTED. UPON RETURN OF THE UNIT, ELEVATE BACKCOUNTRY AND THE OPERATOR WILL COUNT ALL RETURNED ITEMS. ANY ITEMS MISSING OR DAMAGED FROM THE SIGNED AGREEMENT WILL BE PAID FOR BY THE OPERATOR AS STATED HEREIN. EARLY RETURNS OR CANCELLATION DUE TO THE NEGLIGENCE OF THE OPERATOR WILL NOT RESULT IN A REFUND. ABSOLUTELY NO REFUNDS WILL BE GIVEN DUE TO MECHANICAL FAILURE UNTIL ELEVATE BACKCOUNTRY HAS HAD THE OPPORTUNITY TO CHECK THE UNIT FOR OPERATOR NEGLIGENCE AND OR ABUSE. IF IT IS DETERMINED THAT THE OPERATOR HAS CAUSED DAMAGE TO THE UNIT, ELEVATE BACKCOUNTRY RESERVES THE RIGHT TO CHARGE THE OPERATOR’S CREDIT CARD WITHOUT ANY FURTHER NOTIFICATION OR AUTHORIZATION FROM ELEVATE BACKCOUNTRY. THE OPERATOR WILL BE RESPONSIBLE FOR ANY LOSS DUE TO UNIT BEING UNAVAILABLE DUE TO DAMAGE CAUSED DURING THIS ACTIVITY PERIOD.Xxxxxxxxx Xxxxxx:
Appears in 1 contract
Samples: Northstar Computer Forms Inc/Mn
INITIALS. RH ------ WJM ------ LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. IF THIS LEASE HAS BEEN FILLED IN, IT HAS BEEN PREPARED FOR YOUR ATTORNEY'S REVIEW AND APPROVAL. FURTHER, EXPERTS SHOULD BE CONSULTED TO EVALUATE THE CONDITION OF THE PROPERTY FOR THE POSSIBLE PRESENCE OF ASBESTOS, UNDERGROUND STORAGE TANKS OR HAZARDOUS SUBSTANCES. NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR BY THE REAL ESTATE BROKERS OR THEIR CONTRACTORS, AGENTS OR EMPLOYEES AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES; THE PARTIES SHALL RELY SOLELY UPON THE ADVICE OF THEIR OWN COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE. IF THE SUBJECT PROPERTY IS IN A STATE OTHER THAN CALIFORNIA, AN ATTORNEY FROM THE STATE WHERE THE PROPERTY IS LOCATED SHOULD BE CONSULTED. The parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. Executed at: Executed at: 000 Xxxxxxxxx Xx, Santa Xxxxxxx -------------------------------- ------------------------------- on: 4/30/98 on: 4/28/98 ----------------------------------------- ---------------------------------------- BY LESSOR: BY LESSEE: ORIX SBAP GOLETA VENTURE, EARTHSHELL CORPORATION, a General Partnership a Delaware corporation By: ORIX GOLETA, INC., a General Partner By: /s/ Xxxxxxx X. Xxxxx ---------------------------------------- By: /s/ Xxxxx X. Xxxxxxxx Name Printed: Xxxxxxx X. Xxxxx ------------------------------------ ------------------------------ Xxxxx X. Xxxxxxxx, President Title: Executive Vice President c/o ORIX GOLETA, INC. ------------------------------------- c/o ORIX Real Estate Equities, Inc. By: 000 Xxxxx Xxxxxxxxx Xxxxx, X-0000 ---------------------------------------- Xxxxxxx, Xxxxxxxx 00000 Name Printed: ------------------------------ By: SANTA XXXXXXX AIRPORT PLAZA, L.P., Title: General Partner ------------------------------------- Address: By: /s/ Xxxxxxx X. Xxxxx, Xx. ------------------------------------ ----------------------------------- Xxxxxxx X. Xxxxx, Xx., President* -------------------------------------------- 000 Xxxx Xxxxx Xxxxxx Telephone: ( ) Xxxxxx, Xxxxxxxxxx 00000 ------------------------- Telephone: (1000) 000-0000 Facsimile: ( ) Facsimile: (2000) (3000-0000 ------------------------- * Xxxxx Properties, Inc. General Partner of Santa Xxxxxxx Airport Plaza, L.P. BROKER: Executed at Covina, California April 30, 1998 Executed at: ------------------------------- on: ---------------------------------------- By: ---------------------------------------- Name Printed: ------------------------------ Title: ------------------------------------- Address: ----------------------------------- -------------------------------------------- Telephone: ( ) (4-------------------------- Facsimile: ( ) (5) (6) **Initials certify that I have read -------------------------- NOTE: These forms are often modified to meet changing requirements of law and agree to all needs of the above termsindustry. Always write or call to make sure you are utilizing the most current form. AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION, conditions and release of liability000 Xx. Elevate Backcountry – Agreement COMPANY: ELEVATE BACKCOUNTRY xxx.xxxxxxxxxxxxxxxxxx.xxx Xxxx@xxxxxxxxxxxxxxxxxx.xxx VI. OPERATOR CONSENT TO PAYMENT OF EQUIPMENT LOSSES AND DAMAGES A VALID CREDIT CARD NUMBER SHALL BE RETAINED BY ELEVATE BACKCOUNTRY AND WILL BE USED TO PROVIDE FULL COMPENSATION FOR FAILING TO RETURN SAID EQUIPMENT IN AS GOOD CONDITION AS WHEN RECEIVED BY OPERATOR. COMPENSATION INCLUDESXxxxxxxx Xx., BUT IS NOT LIMITED TOM-1, REIMBURSEMENT OF ARTICLES DAMAGEDLos Angeles, MISSING OR BROKEN. OPERATOR AUTHORIZES ELEVATE BACKCOUNTRY TO CHARGE OPERATORS CREDIT CARD FOR THESE ITEMS IN SUCH CASE. IN THE ALTERNATIVE OR IN ADDITION TO THE CHARGES TO OPERATORS CREDIT CARDCA 90071, ELEVATE BACKCOUNTRY, IN ITS SOLE DISCRETION, MAY DEMAND THAT OPERATOR PAY SUCH CHARGES IN IMMEDIATELY AVAILABLE FUNDS SUCH AS CASH OR CERTIFIED CHECK. THE AMOUNT AVAILABLE ON THE BALANCE OF THE CREDIT CARD SHALL IN NO WAY BE CONSIDERED A LIMITATION ON THE AMOUNT OF DAMAGES, REIMBURSEMENTS, OR ACTIVITY CHARGES OWED TO ELEVATE BACKCOUNTRY BY THE OPERATOR. ALL UNITS ARE NOT CONSIDERED RENTAL UNITS AND ARE PROVIDED FREE OF CHARGE FOR THE UNIT MANTENENCE AND STORAGE SERVICE, THEREFORE ANY FUNDS RECEIVED BY ELEVATE BACKCOUNTRY ARE SOLEY AS AN NONREFUNDABLE DONATION FOR THE AFORMENTIONED SERVICES. OPERATOR HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT THE UNIT IS WITHOUT DAMAGES OR DEFECTS INCLUDING, BUT NOT LIMITED TO, DENTS, SCRATCHES, TEARS, STAINS AND MECHANICAL DAMAGE. AN INSPECTION OF THE UNIT WILL BE CONDUCTED BY BOTH ELEVATE BACKCOUNTRY AND OPERATOR PRIOR TO THE ACTIVITY PERIOD WHEREBY ANY EXISTING DAMAGES WILL BE NOTED AND ACKNOWLEDGED IN WRITING ON THE ATTACHED AGREEMENT FORM. UPON RETURN OF THE UNIT, ELEVATE BACKCOUNTRY WILL CONDUCT A FINAL INSPECTION. OPERATOR WILL BE HELD RESPONSIBLE AND LIABLE FOR THE TOTAL COST OF ANY AND ALL DAMAGES TO THE UNIT THAT WERE NOT NOTED DURING THE INITIAL INSPECTION. ELEVATE BACKCOUNTRY HAS UP TO 48 HOURS AFTER THIS ACTIVITY & PRIOR TO BEING USED AGAIN TO DISCOVER AND INFORM OPERATOR OF DAMAGE FOUND. OPERATOR ACKNOWLEDGES AND UNDERSTANDS THAT ALL UNITS INCLUDE ACCESSORY ITEMS AND THE REQUIRED SAFETY EQUIPMENT. ALL ITEMS INCLUDING THE VALUES OF EACH ITEM WILL BE NOTED BETWEEN ELEVATE BACKCOUNTRY AND THE OPERATOR PRIOR TO RELEASING THE UNIT. BY SIGNING THE INVENTORY LIST, THE OPERATOR ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY FOR ALL ITEMS LISTED. UPON RETURN OF THE UNIT, ELEVATE BACKCOUNTRY AND THE OPERATOR WILL COUNT ALL RETURNED ITEMS. ANY ITEMS MISSING OR DAMAGED FROM THE SIGNED AGREEMENT WILL BE PAID FOR BY THE OPERATOR AS STATED HEREIN. EARLY RETURNS OR CANCELLATION DUE TO THE NEGLIGENCE OF THE OPERATOR WILL NOT RESULT IN A REFUND. ABSOLUTELY NO REFUNDS WILL BE GIVEN DUE TO MECHANICAL FAILURE UNTIL ELEVATE BACKCOUNTRY HAS HAD THE OPPORTUNITY TO CHECK THE UNIT FOR OPERATOR NEGLIGENCE AND OR ABUSE. IF IT IS DETERMINED THAT THE OPERATOR HAS CAUSED DAMAGE TO THE UNIT, ELEVATE BACKCOUNTRY RESERVES THE RIGHT TO CHARGE THE OPERATOR’S CREDIT CARD WITHOUT ANY FURTHER NOTIFICATION OR AUTHORIZATION FROM ELEVATE BACKCOUNTRY. THE OPERATOR WILL BE RESPONSIBLE FOR ANY LOSS DUE TO UNIT BEING UNAVAILABLE DUE TO DAMAGE CAUSED DURING THIS ACTIVITY PERIOD(000) 000-0000.
Appears in 1 contract
Samples: Earthshell Container Corp
INITIALS. (1) (2) (3) (4) (5) (6) **Initials certify that I have read and agree to all of the above termsACKNOWLEDGE AND UNDERSTAND THAT THE XXXXXX CREEK ATV TRAIL IS A RIDE AT YOUR OWN RISK REACREATION FACILITY, conditions and release of liabilityXXXXXX CREEK ATV TRAIL, XXXXXX CREEK PARK AND XXX XXXXXXXX WATERWAY DISTRICT DOES NOT SUPERVISE ATV, FOUR XXXXXXX, THREE XXXXXXX, MOTORCYCLE, DUNE BUGGY, DIRT BIKE OR BICYCLE USE OR USERS AND ASSUMES NO RESPONSIBILITIES FOR THEM. Elevate Backcountry – Agreement COMPANY: ELEVATE BACKCOUNTRY xxx.xxxxxxxxxxxxxxxxxx.xxx Xxxx@xxxxxxxxxxxxxxxxxx.xxx VII ACKNOWLEDGE AND UNDERSTAND THAT THIS AGREEMENT AFFORDS XXXXXX CREEK ATV TRAIL, XXXXXX CREEK PARK AND XXX XXXXXXXX WATERWAY DISTRICT BROADER RIGHTS AND PROTECTIONS THAT PROVIDED STATUE AND STATE LAW AND WILLINGLY AGREE TO SUCH BROADER RIGHTS AND PROTECTIONS FOR XXXXXX CREEK ATV TRAIL, XXXXXX CREEK PARK AND XXX XXXXXXXX WATERWAY DISTRICT. OPERATOR CONSENT I AGREE THAT THIS AGREEMENT IS INTENDED TO PAYMENT BE AT LEAST AS BROAD AND INCLUSIVE AS IS PERMITTED BY LAWS OF EQUIPMENT LOSSES THE STATE OF MISSISSIPPI AND DAMAGES A VALID CREDIT CARD NUMBER THAT IF ANY PORTION OF THE AGREEMENT IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL BE RETAINED BY ELEVATE BACKCOUNTRY CONTINUE IN FULL LEGAL FORCE AND WILL BE USED EFFECT. I CERTIFY THAT I HAVE NO MEDICAL CONDITION THAT WOULD CAUSE PARTICIPATION IN ANY ACTIVITIES AAT THE RECREATION AREA TO INCREASE THE RISK OF HAZARDS TO MY HEALTH, IN ADDITION, I AUTHORIZE XXXXXX CREEK ATV TRAIL, XXXXXX CREEK PARK AND XXX XXXXXXXX WATERWAY DISTRICT TO PROVIDE OR CUASE TO BE PROVIDED SUCH MEDICAL TREATMENT THAT MAY BE NECESSARY OR APPROPRIATE IF I AM INJURED WHILE AT THE RECREATION AREA WITHOUT THERE BEING ANY ADMISSION OR IMPLICATION OF RESPONSIBILITY ON XXXXXX CREEK ATV TRAIL, XXXXXX CREEK PARK AND XXX XXXXXXXX WATERWAY DISTRICT BY BEING SO. I UNDERSTAND AND AGREE THAT THIS AGREEMENT SHALL REMAIN IN FULL COMPENSATION FORCE AND EFFECT AND BIND ME, MY HEIRS, ESTATE AND ASSIGNS FOR FAILING TO RETURN SAID EQUIPMENT IN AS GOOD CONDITION AS WHEN RECEIVED BY OPERATOR. COMPENSATION INCLUDES, BUT IS NOT LIMITED TO, REIMBURSEMENT OF ARTICLES DAMAGED, MISSING OR BROKEN. OPERATOR AUTHORIZES ELEVATE BACKCOUNTRY TO CHARGE OPERATORS CREDIT CARD FOR THESE ITEMS IN SUCH CASE. IN THE ALTERNATIVE OR IN ADDITION TO THE CHARGES TO OPERATORS CREDIT CARD, ELEVATE BACKCOUNTRY, IN ITS SOLE DISCRETION, MAY DEMAND THAT OPERATOR PAY SUCH CHARGES IN IMMEDIATELY AVAILABLE FUNDS SUCH AS CASH OR CERTIFIED CHECK. THE AMOUNT AVAILABLE ON THE BALANCE OF THE CREDIT CARD SHALL IN NO WAY BE CONSIDERED A LIMITATION ON THE AMOUNT OF DAMAGES, REIMBURSEMENTS, OR ACTIVITY CHARGES OWED TO ELEVATE BACKCOUNTRY BY THE OPERATOR. ALL UNITS ARE NOT CONSIDERED RENTAL UNITS AND ARE PROVIDED FREE OF CHARGE FOR THE UNIT MANTENENCE AND STORAGE SERVICE, THEREFORE ANY FUNDS RECEIVED BY ELEVATE BACKCOUNTRY ARE SOLEY AS AN NONREFUNDABLE DONATION FOR THE AFORMENTIONED SERVICES. OPERATOR HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT THE UNIT IS WITHOUT DAMAGES OR DEFECTS INCLUDING, BUT NOT LIMITED TO, DENTS, SCRATCHES, TEARS, STAINS AND MECHANICAL DAMAGE. AN INSPECTION OF THE UNIT WILL BE CONDUCTED BY BOTH ELEVATE BACKCOUNTRY AND OPERATOR PRIOR TO THE ACTIVITY PERIOD WHEREBY ANY EXISTING DAMAGES WILL BE NOTED AND ACKNOWLEDGED IN WRITING ON THE ATTACHED AGREEMENT FORM. UPON RETURN OF THE UNIT, ELEVATE BACKCOUNTRY WILL CONDUCT A FINAL INSPECTION. OPERATOR WILL BE HELD RESPONSIBLE AND LIABLE FOR THE TOTAL COST OF ANY AND ALL DAMAGES TO THE UNIT THAT WERE NOT NOTED DURING THE INITIAL INSPECTION. ELEVATE BACKCOUNTRY HAS UP TO 48 HOURS AFTER THIS ACTIVITY & PRIOR TO BEING USED AGAIN TO DISCOVER PRESENT AND INFORM OPERATOR OF DAMAGE FOUND. OPERATOR ACKNOWLEDGES AND UNDERSTANDS THAT ALL UNITS INCLUDE ACCESSORY ITEMS AND THE REQUIRED SAFETY EQUIPMENT. ALL ITEMS INCLUDING THE VALUES OF EACH ITEM WILL BE NOTED BETWEEN ELEVATE BACKCOUNTRY AND THE OPERATOR PRIOR TO RELEASING THE UNIT. BY SIGNING THE INVENTORY LIST, THE OPERATOR ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY FOR ALL ITEMS LISTED. UPON RETURN FUTURE ALLOWED OR UNAUTHORIZED USE OF THE UNIT, ELEVATE BACKCOUNTRY AND THE OPERATOR WILL COUNT ALL RETURNED ITEMS. ANY ITEMS MISSING OR DAMAGED FROM THE SIGNED AGREEMENT WILL BE PAID FOR RECREATION AREA BY THE OPERATOR AS STATED HEREIN. EARLY RETURNS OR CANCELLATION DUE TO THE NEGLIGENCE OF THE OPERATOR WILL NOT RESULT IN A REFUND. ABSOLUTELY NO REFUNDS WILL BE GIVEN DUE TO MECHANICAL FAILURE UNTIL ELEVATE BACKCOUNTRY HAS HAD THE OPPORTUNITY TO CHECK THE UNIT FOR OPERATOR NEGLIGENCE AND OR ABUSE. IF IT IS DETERMINED THAT THE OPERATOR HAS CAUSED DAMAGE TO THE UNIT, ELEVATE BACKCOUNTRY RESERVES THE RIGHT TO CHARGE THE OPERATOR’S CREDIT CARD WITHOUT ANY FURTHER NOTIFICATION OR AUTHORIZATION FROM ELEVATE BACKCOUNTRY. THE OPERATOR WILL BE RESPONSIBLE FOR ANY LOSS DUE TO UNIT BEING UNAVAILABLE DUE TO DAMAGE CAUSED DURING THIS ACTIVITY PERIODME.
Appears in 1 contract
Samples: Annual Convenant
INITIALS. (1) (2) (3) (4) (5) (6) **Initials certify that I have read and agree to all of the above terms, conditions and release of liability. Elevate Backcountry – Agreement COMPANY: ELEVATE BACKCOUNTRY xxx.xxxxxxxxxxxxxxxxxx.xxx Xxxx@xxxxxxxxxxxxxxxxxx.xxx VII EXPRESSLY WARRANT AND REPRESENT THAT BEFORE EXECUTING THIS AGREEMENT I HAVE FULLY INFORMED MYSELF OF THE TERMS, CONDITIONS AND EFFECT OF THE AGREEMENT, AND THAT I HAVE REILED SOLELY ON MY OWN JUDGMENT IN EXECUTING THE DOCUMENT. OPERATOR CONSENT I HAVE READ THE TERMS OF THIS AGREEMENT, WAIVER AND RELEASE OF ALL CLAIMS INCLUDING THE PROVISIONS REGARDING ASSUMPTION OF RISK, RELEASE OF LIABILITY, DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES AND THE COVENANT NOT TO PAYMENT SUE, AND I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS IN CONSIDERATION FOR MY USE OF EQUIPMENT LOSSES THE UNIT AND DAMAGES A VALID CREDIT CARD NUMBER SHALL BE RETAINED EQUIPMENT. I ENTER INTO THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I AGREE TO ASSUME RESPONSIBILITY, EVEN THOSE RISKS ARISING OUT OF NEGLIGENCE BY ELEVATE BACKCOUNTRY AND WILL BE USED TO PROVIDE FULL COMPENSATION FOR FAILING TO RETURN SAID EQUIPMENT IN AS GOOD CONDITION AS WHEN RECEIVED BY OPERATOR. COMPENSATION INCLUDES, BUT IS NOT LIMITED TO, REIMBURSEMENT OF ARTICLES DAMAGED, MISSING OR BROKEN. OPERATOR AUTHORIZES ELEVATE BACKCOUNTRY TO CHARGE OPERATORS CREDIT CARD FOR THESE ITEMS IN SUCH CASE. IN THE ALTERNATIVE OR IN ADDITION TO THE CHARGES TO OPERATORS CREDIT CARD, ELEVATE BACKCOUNTRY, IN ITS SOLE DISCRETIONOTHER PASSENGERS, MAY DEMAND THAT OPERATOR PAY SUCH CHARGES IN IMMEDIATELY AVAILABLE FUNDS SUCH AS CASH RIDERS, AND/OR CERTIFIED CHECK. THE AMOUNT AVAILABLE ALL PARTICIPANTS ON THE BALANCE OF THE CREDIT CARD SHALL UNIT. MY AND OUR PARTICIPATION IN NO WAY BE CONSIDERED A LIMITATION ON THE AMOUNT OF DAMAGES, REIMBURSEMENTS, OR ACTIVITY CHARGES OWED TO ELEVATE BACKCOUNTRY BY THE OPERATOR. ALL UNITS ARE NOT CONSIDERED RENTAL UNITS AND ARE PROVIDED FREE OF CHARGE FOR THE UNIT MANTENENCE AND STORAGE SERVICE, THEREFORE ANY FUNDS RECEIVED BY ELEVATE BACKCOUNTRY ARE SOLEY AS AN NONREFUNDABLE DONATION FOR THE AFORMENTIONED SERVICES. OPERATOR HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT THE UNIT IS WITHOUT DAMAGES OR DEFECTS INCLUDING, BUT NOT LIMITED TO, DENTS, SCRATCHES, TEARS, STAINS AND MECHANICAL DAMAGE. AN INSPECTION OF THE UNIT WILL BE CONDUCTED BY BOTH ELEVATE BACKCOUNTRY AND OPERATOR PRIOR TO THE ACTIVITY PERIOD WHEREBY ANY EXISTING DAMAGES WILL BE NOTED IS PURELY VOLUNTARY. I ASSUME FULL RESPONSIBILITY FOR MYSELF AND ACKNOWLEDGED IN WRITING ALL PASSENGERS ON THE ATTACHED AGREEMENT FORM. UPON RETURN OF THE UNIT, ELEVATE BACKCOUNTRY WILL CONDUCT A FINAL INSPECTION. OPERATOR WILL BE HELD RESPONSIBLE INCLUDING ANY MINOR CHILDREN, FOR ANY BODILY INJURY, ACCIDENT, ILLNESS, PARALYSIS, DEATH OR LOSS OF PERSONAL PROPERTY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OR OTHER FAULT OF PASSENGERS, RIDERS, GUESTS AND LIABLE FOR THE TOTAL COST OF ANY AND ALL DAMAGES TO OTHER PASSENGERS ON THE UNIT THAT WERE NOT NOTED DURING THE INITIAL INSPECTION. ELEVATE BACKCOUNTRY HAS UP TO 48 HOURS AFTER THIS ACTIVITY & PRIOR TO BEING USED AGAIN TO DISCOVER AND INFORM OPERATOR OF DAMAGE FOUND. OPERATOR ACKNOWLEDGES AND UNDERSTANDS THAT ALL UNITS INCLUDE ACCESSORY ITEMS AND THE REQUIRED SAFETY EQUIPMENT. ALL ITEMS INCLUDING THE VALUES OF EACH ITEM WILL BE NOTED BETWEEN ELEVATE BACKCOUNTRY AND THE OPERATOR PRIOR TO RELEASING THE UNIT. BY SIGNING THE INVENTORY LISTEVEN IF CAUSED, THE OPERATOR ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY FOR ALL ITEMS LISTED. UPON RETURN OF THE UNIT, ELEVATE BACKCOUNTRY AND THE OPERATOR WILL COUNT ALL RETURNED ITEMS. ANY ITEMS MISSING IN WHOLE OR DAMAGED FROM THE SIGNED AGREEMENT WILL BE PAID FOR IN PART BY THE OPERATOR AS STATED HEREINNEGLIGENCE OR OTHER FAULT OF ELEVATE BACKCOUNTRY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, LEGAL REPRESENTATIVE AND ASSIGNS (COLLECTIVELY THE “RELEASEES”). EARLY RETURNS OR CANCELLATION DUE TO THE NEGLIGENCE OF THE OPERATOR WILL NOT RESULT IN A REFUNDCAUTION!!! READ THIS ENTIRE DOCUMENT BEFORE SIGNING. ABSOLUTELY NO REFUNDS WILL BE GIVEN DUE TO MECHANICAL FAILURE UNTIL ELEVATE BACKCOUNTRY HAS HAD THE OPPORTUNITY TO CHECK THE UNIT FOR OPERATOR NEGLIGENCE THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND OR ABUSE. IF IT IS DETERMINED THAT THE OPERATOR HAS CAUSED DAMAGE TO THE UNIT, ELEVATE BACKCOUNTRY RESERVES THE RIGHT TO CHARGE THE OPERATOR’S CREDIT CARD WITHOUT ANY FURTHER NOTIFICATION OR AUTHORIZATION FROM RELEASES ALL LIABILITY AGAINST ELEVATE BACKCOUNTRY. SIGNATURE BELOW INDICATES THAT YOU HAVE READ THIS ENTIRE DOCUMENT AND AGREE TO ITS TERMS AND CONDITIONS AND ARE SIGNING THIS DOCUMENT ON BEHALF OF ALL THE OPERATOR OPERATORS/PASSENGERS AS LISTED BELOW. FURTHERMORE, ANY PASSENGER/OPERATORS NOT LISTED ON THIS DOCUMENT. OPERATOR: 1. PRINT NAME SIGNATURE DATE OPERATORS/PASSENGERS; ALL OPERATORS AND PASSENGERS MUST SIGN AND BE PRESENT FOR SAFTEY AND OPERATIONAL PROCEDURE EACH PARTICIPANT: PRINT NAME, SIGN AND DATE (GIVE AGE IF UNDER 18) OPERATOR: 2. PRINT NAME SIGNATURE DATE OPERATOR: 3. PRINT NAME SIGNATURE DATE OPERATOR: 4. PRINT NAME SIGNATURE DATE OPERATOR: 5. PRINT NAME SIGNATURE DATE OPERATOR: 6. PRINT NAME SIGNATURE DATE Cancellation Policy ALL RESERVATIONS ARE FINAL. ALL RESERVAITIONS MUST BE MADE AT LEAST 48HRS IN ADVANCE TO SECURE A RESERVATION OR YOUR TENTATIVE RESERVATION SLOT MAY BE AUTOMATICALLY FORFEITED TO A PERSON ON OUR WAIT LIST. ALL RESERVATIONS ARE FINAL DURING HOLIDAY WEEKENDS, EXCEPT FOR WHEN THERE'S INCLEMENT WEATHER DURING THE RESERVATION TIME. IF THIS OCCURS, THEN A GIFT CERTIFICATE WILL BE RESPONSIBLE ISSUED FOR ANY LOSS DUE 75% OF THE FULL VALUE OF THE DONATION IF THE INCLEMENT WEATHER BEGINS PRIOR TO UNIT BEING UNAVAILABLE DUE TO DAMAGE CAUSED DURING THIS HALFWAY THROUGH THE ACTIVITY PERIOD.. Elevate Backcountry – Safety Rules and Regulations COMPANY: ELEVATE BACKCOUNTRY xxx.xxxxxxxxxxxxxxxxxx.xxx Xxxx@xxxxxxxxxxxxxxxxxx.xxx Safety Rules and Regulations Snowmobiles, ATV’s, and Rangers are increasingly popular recreational vessels in the mountains. Inexperienced operators may not always recognize potential dangers and consequently are involved in a high percentage of accidents. To improve and promote safe and responsible operation in the backcountry, the United States Forest Service (USFS) enforces the regulations explained in this agreement. It is important for you to read and understand the regulations explained in this agreement and other materials before operating a recreational unit. You must be 18 or over to operate the unit Fast Facts • Allow long distances for stopping • You must maintain some throttle to maneuver • Remember the 100-foot rule. Most accidents are collisions. Stay at least 100 feet from everything • Avoid tunnel syndrome. Don't just look forward, continually look to both sides and behind while riding • Obtain a recreation pass if required at the area you plan to explore • Do not approach or feed wildlife • Do not operate the unit under the influence of drugs or alcohol • You can only operate between the hours of sunrise and sunset • Your unit must be equipped with a self-circling device or engine cut-off switch, which has not been altered in any way • You cannot operate at a speed greater than 15mph when within 100 feet of another vehicle • You cannot refuel the unit while a person is aboard • Negligent operation is not permitted (see page 8) Age Requirements YOU MUST BE 18 YEARS OF AGE OR OLDER TO OPERATE THE PERSONAL UNITS AND MUST POSSESS A CURRENT VALID DRIVER’S LICENSE!!! EACH PARTICIPANT INITIAL ONE NUMBER ONLY. INITIALS:_(1) (2) (3) (4) (5) (6) **Initials certify that I have read and agree to all of the above terms and conditions Elevate Backcountry – Safety Rules and Regulations COMPANY: ELEVATE BACKCOUNTRY xxx.xxxxxxxxxxxxxxxxxx.xxx Xxxx@xxxxxxxxxxxxxxxxxx.xxx Do not operate your unit in any of the following negligent manners: (Any violation will result in termination of activity time) • Operating a personal unit under the influence of drugs or alcohol • Jumping or attempting to jump off stumps and side humps • Riding backwards and/or standing on the seat of the unit while riding • Weaving through and recklessly operating in areas of congestion • Speeding in restricted areas such as parking lots, slow zones, environmentally sensitive areas, or operating in a manner that endangers the life, limb, or property of any person, including the operator. •Operating a unit between the hours of sunset and sunrise • Allowing children under the age of 6 to ride behind an adult • Exceeding the number of people or weight limits listed on the capacity plate • Littering •Operating a unit outside the designated boundary area • Operating a unit in a circular course around other vehicles or people •Operating a unit within an area designated as bathing, fishing, swimming, or otherwise restricted • Driving or skiing, snowboarding or other similar activity in avalanche prone areas •Fueling the unit with any person aboard • Failing to comply with the U.S. Forest Service Rules SIGNATURE BELOW INDICATES THAT YOU HAVE READ THIS ENTIRE DOCUMENT AND AGREE TO ITS TERMS AND CONDITIONS AND ARE SIGNING THIS DOCUMENT ON BEHALF OF ALL THE OPERATORS/PASSENGERS AS LISTED BELOW. FURTHERMORE, ANY PASSENGER/OPERATORS NOT LISTED ON THIS DOCUMENT. OPERATOR: 1. OPERATOR: 2. OPERATOR: 3. OPERATOR: 4. OPERATOR: 5. OPERATOR: 6. OPERATORS/PASSENGERS; ALL OPERATORS AND PASSENGERS MUST SIGN AND BE PRESENT FOR SAFTEY AND OPERATIONAL PROCEDURE Elevate Backcountry – Tours COMPANY: ELEVATE BACKCOUNTRY xxx.xxxxxxxxxxxxxxxxxx.xxx Xxxx@xxxxxxxxxxxxxxxxxx.xxx Acknowledgement of Tour Member Responsibility, Express Assumption of Risk, and Release of Liability I understand that during my participation in this Elevate Backcountry tour, I may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in each tour and cannot be eliminated without destroying the unique character of the tour. These inherent risks include, but are not limited to, the dangers of serious personal injury, property damage, and death (“Injuries and Damages”) from exposure to the hazards of travel and Elevate Backcountry has not tried to contradict or minimize my understanding of these risks. I know that Injuries and Damages can occur by natural causes or activities of other persons, animals, trip members, trip leaders and assistants or third parties, either as a result of negligence or because of other reasons. I understand that risks of such Injuries and Damages are involved in adventure travel such as Elevate Backcountry Tours and I appreciate that I may have to exercise extra care for my own person and for others around me in the face of such hazards. I further understand that on this tour there may not be rescue or medical facilities or expertise necessary to deal with the Injuries and Damages to which I may be exposed. In consideration for my acceptance as a participant on this tour, and the services and amenities to be provided by the Elevate Backcountry in connection with the tour, I confirm my understanding that: • I have read any rules and conditions applicable to the tour made available to me; the tour is provided free of charge; and I acknowledge my participation is at the discretion of the leader. Any funds received are solely as a donation. • The tour officially begins and ends at the location(s) designated by Elevate Backcountry. The tour does not include carpooling, transportation, or transit to and from the tour, and I am personally responsible for all risks associated with this travel if provided by Elevate Backcountry. • If I decide to leave early and not to complete the tour as planned, I assume all risks inherent in my decision to leave and waive all liability against Elevate Backcountry arising from that decision. Likewise, if the leader has concluded the tour, and I decide to go forward without the leader, I assume all risks inherent in my decision to go forward and waive all liability against Elevate Backcountry arising from that decision. • This Agreement is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this Agreement is held to be invalid or legally unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable. • To the fullest extent allowed by law, I agree to WAIVE, DISCHARGE CLAIMS, AND RELEASE FROM LIABILITY Elevate Backcountry, its officers, directors, employees, agents, hosts and leaders from any and all liability on account of, or in any way resulting from Injuries and Damages, even if caused by negligence of Elevate Backcountry its officers, directors, employees, agents, hosts, and leaders, in any way connected with this tour. I further agree to hold harmless Elevate Backcountry, its officers, directors, employees, agents, hosts, and leaders from any claims, damages, injuries or losses caused by my own negligence while a participant on the tour. I understand and intend that this assumption of risk and release is binding upon my heirs, executors, administrators and assigns, and includes any minors accompanying me on the tour. • I have read this document in its entirety and I freely and voluntarily assume all risks of such Injuries and Damages and notwithstanding such risks, I agree to participate in the tour. • I have read, I understand, and I agree to the enclosed Elevate Backcountry Tours Reservation and Cancellation Policy. SIGNATURE BELOW INDICATES THAT YOU HAVE READ THIS ENTIRE DOCUMENT AND AGREE TO ITS TERMS AND CONDITIONS AND ARE SIGNING THIS DOCUMENT ON BEHALF OF ALL THE OPERATORS/PASSENGERS AS LISTED BELOW. FURTHERMORE, ANY PASSENGER/OPERATORS NOT LISTED ON THIS DOCUMENT. PARTIPICIPANT: 1. PARTIPICIPANT: 2. PARTIPICIPANT: 3. PARTIPICIPANT: 4. PARTIPICIPANT: 5. PARTIPICIPANT: 6. Elevate Backcountry – Damage Protection Policy COMPANY: ELEVATE BACKCOUNTRY xxx.xxxxxxxxxxxxxxxxxx.xxx Xxxx@xxxxxxxxxxxxxxxxxx.xxx
Appears in 1 contract
Samples: Backcountry Agreement
INITIALS. [illegible] ----------- [illegible] ----------- - 10 - MULTI-TENANT--GROSS (1C) (2) (3) (4) (5) (6) **Initials certify that I have read and agree to all of the above termsAmerican Industrial Real Estate Association 1993 LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, conditions and release of liabilityAND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. Elevate Backcountry – Agreement COMPANY: ELEVATE BACKCOUNTRY xxx.xxxxxxxxxxxxxxxxxx.xxx Xxxx@xxxxxxxxxxxxxxxxxx.xxx VI. OPERATOR CONSENT TO PAYMENT THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF EQUIPMENT LOSSES THIS LEASE ARE COMMERCIALLY REASONABLE AND DAMAGES A VALID CREDIT CARD NUMBER SHALL BE RETAINED BY ELEVATE BACKCOUNTRY EFFECTUATE THE INTENT AND WILL BE USED TO PROVIDE FULL COMPENSATION FOR FAILING TO RETURN SAID EQUIPMENT IN AS GOOD CONDITION AS WHEN RECEIVED BY OPERATOR. COMPENSATION INCLUDES, BUT IS NOT LIMITED TO, REIMBURSEMENT PURPOSE OF ARTICLES DAMAGED, MISSING OR BROKEN. OPERATOR AUTHORIZES ELEVATE BACKCOUNTRY TO CHARGE OPERATORS CREDIT CARD FOR THESE ITEMS IN SUCH CASE. IN THE ALTERNATIVE OR IN ADDITION LESSOR AND LESSEE WITH RESPECT TO THE CHARGES PREMISES. IF THIS LEASE HAS BEEN FILLED IN, IT HAS BEEN PREPARED FOR YOUR ATTORNEY'S REVIEW AND APPROVAL. FURTHER, EXPERTS SHOULD BE CONSULTED TO OPERATORS CREDIT CARD, ELEVATE BACKCOUNTRY, IN ITS SOLE DISCRETION, MAY DEMAND THAT OPERATOR PAY SUCH CHARGES IN IMMEDIATELY AVAILABLE FUNDS SUCH AS CASH OR CERTIFIED CHECK. EVALUATE THE AMOUNT AVAILABLE ON THE BALANCE CONDITION OF THE CREDIT CARD SHALL IN PROPERTY FOR THE POSSIBLE PRESENCE OF ASBESTOS, UNDERGROUND STORAGE TANKS OR HAZARDOUS SUBSTANCES. NO WAY BE CONSIDERED A LIMITATION ON REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMOUNT OF DAMAGESAMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR BY THE REAL ESTATE BROKERS OR THEIR CONTRACTORS, REIMBURSEMENTSAGENTS OR EMPLOYEES AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR ACTIVITY CHARGES OWED TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO ELEVATE BACKCOUNTRY BY WHICH IT RELATES; THE OPERATOR. ALL UNITS ARE NOT CONSIDERED RENTAL UNITS AND ARE PROVIDED FREE PARTIES SHALL RELY SOLELY UPON THE ADVICE OF CHARGE FOR THE UNIT MANTENENCE AND STORAGE SERVICE, THEREFORE ANY FUNDS RECEIVED BY ELEVATE BACKCOUNTRY ARE SOLEY THEIR OWN COUNSEL AS AN NONREFUNDABLE DONATION FOR THE AFORMENTIONED SERVICES. OPERATOR HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT THE UNIT IS WITHOUT DAMAGES OR DEFECTS INCLUDING, BUT NOT LIMITED TO, DENTS, SCRATCHES, TEARS, STAINS AND MECHANICAL DAMAGE. AN INSPECTION OF THE UNIT WILL BE CONDUCTED BY BOTH ELEVATE BACKCOUNTRY AND OPERATOR PRIOR TO THE ACTIVITY PERIOD WHEREBY ANY EXISTING DAMAGES WILL BE NOTED LEGAL AND ACKNOWLEDGED TAX CONSEQUENCES OF THIS LEASE. IF THE SUBJECT PROPERTY IS IN WRITING ON THE ATTACHED AGREEMENT FORM. UPON RETURN OF THE UNITA STATE OTHER THAN CALIFORNIA, ELEVATE BACKCOUNTRY WILL CONDUCT A FINAL INSPECTION. OPERATOR WILL BE HELD RESPONSIBLE AND LIABLE FOR THE TOTAL COST OF ANY AND ALL DAMAGES TO THE UNIT THAT WERE NOT NOTED DURING THE INITIAL INSPECTION. ELEVATE BACKCOUNTRY HAS UP TO 48 HOURS AFTER THIS ACTIVITY & PRIOR TO BEING USED AGAIN TO DISCOVER AND INFORM OPERATOR OF DAMAGE FOUND. OPERATOR ACKNOWLEDGES AND UNDERSTANDS THAT ALL UNITS INCLUDE ACCESSORY ITEMS AND THE REQUIRED SAFETY EQUIPMENT. ALL ITEMS INCLUDING THE VALUES OF EACH ITEM WILL BE NOTED BETWEEN ELEVATE BACKCOUNTRY AND THE OPERATOR PRIOR TO RELEASING THE UNIT. BY SIGNING THE INVENTORY LIST, THE OPERATOR ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY FOR ALL ITEMS LISTED. UPON RETURN OF THE UNIT, ELEVATE BACKCOUNTRY AND THE OPERATOR WILL COUNT ALL RETURNED ITEMS. ANY ITEMS MISSING OR DAMAGED AN ATTORNEY FROM THE SIGNED AGREEMENT WILL STATE WHERE THE PROPERTY IS LOCATED SHOULD BE PAID FOR BY THE OPERATOR AS STATED HEREINCONSULTED. EARLY RETURNS OR CANCELLATION DUE TO THE NEGLIGENCE OF THE OPERATOR WILL NOT RESULT IN A REFUNDThe parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. ABSOLUTELY NO REFUNDS WILL BE GIVEN DUE TO MECHANICAL FAILURE UNTIL ELEVATE BACKCOUNTRY HAS HAD THE OPPORTUNITY TO CHECK THE UNIT FOR OPERATOR NEGLIGENCE AND OR ABUSEExecuted at: ________________________________________________ Executed at: __________________________________________________ on: June 22, 1994 on: June 21, 1994 By LESSOR: By LESSEE: Northgate Assembly of God of North Sacramento, Total Information Management Corporation dba Arena Christian Center _______________________________________________________________ By: /s/ Xxx. IF IT IS DETERMINED THAT THE OPERATOR HAS CAUSED DAMAGE TO THE UNITXxxxx Xxxxx By: /s/ Xxxxx Xxxxxx Name Printed: Pastor Xxxxx Xxxxx Name Printed: Xxxxx Xxxxxx Title: ______________________________________________________ Title: ________________________________________________________ Address: 0000 Xxxxx Xxxxxxx Xxxxxxxxx Address: 0000 Xxxx Xxxxxx Xxxxxxxxxx, ELEVATE BACKCOUNTRY RESERVES THE RIGHT TO CHARGE THE OPERATOR’S CREDIT CARD WITHOUT ANY FURTHER NOTIFICATION OR AUTHORIZATION FROM ELEVATE BACKCOUNTRY. THE OPERATOR WILL BE RESPONSIBLE FOR ANY LOSS DUE TO UNIT BEING UNAVAILABLE DUE TO DAMAGE CAUSED DURING THIS ACTIVITY PERIOD.XX 00000 Xxxxxxxxxx, XX Telephone: ( ) ____________________________________________ Telephone: (000) 000-0000 Facsimile: ( ) ____________________________________________ Facsimile: ( ) _____________________________________________
Appears in 1 contract
Samples: Imagemax Inc
INITIALS. (1) (2) (3) (4) (5) (6) **Initials certify that I have read . That this Waiver and agree Release is intended to all of be only as broad and inclusive as permitted by Florida Statute Section 744.301. Any court interpreting this Waiver and Release shall construe the above termssame as being only as broad and inclusive as permitted by such statute. NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, conditions and release of liability. Elevate Backcountry – Agreement COMPANY: ELEVATE BACKCOUNTRY xxx.xxxxxxxxxxxxxxxxxx.xxx Xxxx@xxxxxxxxxxxxxxxxxx.xxx VI. OPERATOR CONSENT TO PAYMENT OF EQUIPMENT LOSSES EVEN IF SEAWORLD PARKS & ENTERTAINMENT LLC AND DAMAGES ITS PARENT, SUBSIDIARIES, INSURERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, VOLUNTEERS, AGENTS, SUCCESSORS AND ASSIGNS USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A VALID CREDIT CARD NUMBER SHALL CHANCE YOUR CHILD MAY BE RETAINED SERIOUSLY INJURED OR KILLED BY ELEVATE BACKCOUNTRY AND WILL BE USED TO PROVIDE FULL COMPENSATION FOR FAILING TO RETURN SAID EQUIPMENT PARTICIPATING IN AS GOOD CONDITION AS WHEN RECEIVED BY OPERATOR. COMPENSATION INCLUDES, BUT IS NOT LIMITED TO, REIMBURSEMENT OF ARTICLES DAMAGED, MISSING OR BROKEN. OPERATOR AUTHORIZES ELEVATE BACKCOUNTRY TO CHARGE OPERATORS CREDIT CARD FOR THESE ITEMS IN SUCH CASE. THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ALTERNATIVE ACTIVITY WHICH CANNOT BE AVOIDED OR IN ADDITION TO THE CHARGES TO OPERATORS CREDIT CARD, ELEVATE BACKCOUNTRY, IN ITS SOLE DISCRETION, MAY DEMAND THAT OPERATOR PAY SUCH CHARGES IN IMMEDIATELY AVAILABLE FUNDS SUCH AS CASH OR CERTIFIED CHECK. THE AMOUNT AVAILABLE ON THE BALANCE OF THE CREDIT CARD SHALL IN NO WAY BE CONSIDERED A LIMITATION ON THE AMOUNT OF DAMAGES, REIMBURSEMENTS, OR ACTIVITY CHARGES OWED TO ELEVATE BACKCOUNTRY BY THE OPERATOR. ALL UNITS ARE NOT CONSIDERED RENTAL UNITS AND ARE PROVIDED FREE OF CHARGE FOR THE UNIT MANTENENCE AND STORAGE SERVICE, THEREFORE ANY FUNDS RECEIVED BY ELEVATE BACKCOUNTRY ARE SOLEY AS AN NONREFUNDABLE DONATION FOR THE AFORMENTIONED SERVICES. OPERATOR HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT THE UNIT IS WITHOUT DAMAGES OR DEFECTS INCLUDING, BUT NOT LIMITED TO, DENTS, SCRATCHES, TEARS, STAINS AND MECHANICAL DAMAGE. AN INSPECTION OF THE UNIT WILL BE CONDUCTED BY BOTH ELEVATE BACKCOUNTRY AND OPERATOR PRIOR TO THE ACTIVITY PERIOD WHEREBY ANY EXISTING DAMAGES WILL BE NOTED AND ACKNOWLEDGED IN WRITING ON THE ATTACHED AGREEMENT FORM. UPON RETURN OF THE UNIT, ELEVATE BACKCOUNTRY WILL CONDUCT A FINAL INSPECTION. OPERATOR WILL BE HELD RESPONSIBLE AND LIABLE FOR THE TOTAL COST OF ANY AND ALL DAMAGES TO THE UNIT THAT WERE NOT NOTED DURING THE INITIAL INSPECTION. ELEVATE BACKCOUNTRY HAS UP TO 48 HOURS AFTER THIS ACTIVITY & PRIOR TO BEING USED AGAIN TO DISCOVER AND INFORM OPERATOR OF DAMAGE FOUND. OPERATOR ACKNOWLEDGES AND UNDERSTANDS THAT ALL UNITS INCLUDE ACCESSORY ITEMS AND THE REQUIRED SAFETY EQUIPMENT. ALL ITEMS INCLUDING THE VALUES OF EACH ITEM WILL BE NOTED BETWEEN ELEVATE BACKCOUNTRY AND THE OPERATOR PRIOR TO RELEASING THE UNITELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM SEAWORLD PARKS & ENTERTAINMENT LLC AND ITS PARENT, SUBSIDIARIES, INSURERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, VOLUNTEERS, AGENTS, SUCCESSORS AND ASSIGNS IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE INVENTORY LIST, THE OPERATOR ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY FOR ALL ITEMS LISTED. UPON RETURN RISKS THAT ARE A NATURAL PART OF THE UNIT, ELEVATE BACKCOUNTRY AND THE OPERATOR WILL COUNT ALL RETURNED ITEMSACTIVITY. ANY ITEMS MISSING OR DAMAGED FROM THE SIGNED AGREEMENT WILL BE PAID FOR BY THE OPERATOR AS STATED HEREIN. EARLY RETURNS OR CANCELLATION DUE TO THE NEGLIGENCE OF THE OPERATOR WILL NOT RESULT IN A REFUND. ABSOLUTELY NO REFUNDS WILL BE GIVEN DUE TO MECHANICAL FAILURE UNTIL ELEVATE BACKCOUNTRY HAS HAD THE OPPORTUNITY TO CHECK THE UNIT FOR OPERATOR NEGLIGENCE AND OR ABUSE. IF IT IS DETERMINED THAT THE OPERATOR HAS CAUSED DAMAGE TO THE UNIT, ELEVATE BACKCOUNTRY RESERVES YOU HAVE THE RIGHT TO CHARGE REFUSE TO SIGN THIS FORM, AND SEAWORLD PARKS & ENTERTAINMENT LLC (AND ITS EMPLOYEES, VOLUNTEERS, AGENTS) HAS THE OPERATOR’S CREDIT CARD WITHOUT ANY FURTHER NOTIFICATION OR AUTHORIZATION FROM ELEVATE BACKCOUNTRYRIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. I HAVE READ AND UNDERSTAND THE OPERATOR WILL BE RESPONSIBLE FOR ANY LOSS DUE FOREGOING WAIVER AND RELEASE AND ACCEPT AND AGREE TO UNIT BEING UNAVAILABLE DUE ITS TERMS. Signature of Guardian: Date: Printed Name of Guardian: Printed Name of Minor Participant: EXHIBIT G PARTICIPANT AGREEMENT Publicity Rights (For Parent/Legal Guardian of Participants Under 18 Years of Age) For any participant under the age of 18 (the “Minor Participant” or the “Minor”), the parent and/or legal guardian of the Minor Participant (the “Guardian”), as material consideration for the Minor being allowed to participate in the Run for Wildlife 5k run on , (the “Event”), expressly and freely agrees that SeaWorld Parks & Entertainment LLC d/b/a Xxxxx Gardens Tampa and its subsidiaries, affiliates, insurers, directors, members, officers, shareholders, employees, volunteers, agents, successors and assigns (collectively, the “Released Parties”) are hereby granted the irrevocable right and permission to photograph or otherwise record the Minor Participant in connection with the Event, and to use the photograph or recording (“Photograph”) for all purposes, including advertising and promotional purposes, in any manner in any and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. Guardian and Minor Participant waive any right to inspect and approve the use of the Photograph, and acknowledge and agree that the rights granted by this release are without compensation of any kind. Guardian and Minor Participant acknowledge and agree that neither of them have any right, title or interest in the Photographs and agree that such Photographs and the copyright therein are the exclusive property of the Released Parties. Guardian and Minor Participant agree to release and discharge the Released Parties from any claims, actions, damages, demands, costs, expenses (including attorneys’ fees) or lawsuits of any kind (excluding gross negligence or intentional torts) by reason of the sale, distribution or use of such photographs or recordings. I HAVE READ AND UNDERSTAND THE FOREGOING WAIVER AND RELEASE AND ACCEPT AND AGREE TO DAMAGE CAUSED DURING THIS ACTIVITY PERIOD.ITS TERMS. Signature of Guardian: Date: Printed Name of Guardian: Printed Name of Minor Participant:
Appears in 1 contract
Samples: Participant Agreement
INITIALS. HH ----- -00 XXX ----- LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. IF THIS LEASE HAS BEEN FILLED IN, IT HAS BEEN PREPARED FOR YOUR ATTORNEY'S REVIEW AND APPROVAL. FURTHER, EXPERTS SHOULD BE CONSULTED TO EVALUATE THE CONDITION OF THE PROPERTY FOR THE POSSIBLE PRESENCE OF ASBESTOS, UNDERGROUND STORAGE TANKS OR HAZARDOUS SUBSTANCES. NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR BY THE REAL ESTATE BROKERS OR THEIR CONTRACTORS, AGENTS OR EMPLOYEES AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES; THE PARTIES SHALL RELY SOLELY UPON THE ADVICE OF THEIR OWN COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE. IF THE SUBJECT PROPERTY IS IN A STATE OTHER THAN CALIFORNIA, AN ATTORNEY FROM THE STATE WHERE THE PROPERTY IS LOCATED SHOULD BE CONSULTED. The parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. Executed at: San Diego, California Executed at: San Diego, California -------------------------------------- ------------------------------------- on: July 28, 1998 on: ---------------------------------------------- ---------------------------------------------- By LESSOR: By LESSEE: GENERAL ATOMICS RAJYABIOTICS CORPORATION ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- By: By: ---------------------------------------------- ---------------------------------------------- Name Printed: Name Printed: ------------------------------------- ------------------------------------- Title: Title: ------------------------------------------- ------------------------------------------- By: /s/ Xxxxxx X. Dalry By: /s/ Xxxxx Xxxxxx ---------------------------------------------- ---------------------------------------------- Name Printed: Xxxxxx X. Dalry Name Printed: Xxxxx Xxxxxx ------------------------------------- ------------------------------------- Title: Director Facilities Title: Chief Executive Officer and Co-Founder ------------------------------------------- ------------------------------------------- Address: 3550 General Atomics Ct. Address: ----------------------------------------- ----------------------------------------- Xxx Xxxxx, XX 00000-0000 ------------------------------------------------- ------------------------------------------------- Telephone: (1000) 000-0000 Telephone: (2000) 000-0000 ------------------------------- ------------------------------- Facsimile: (3000) 000-0000 Facsimile: (4000) (5000-0000 ------------------------------- ------------------------------- BROKER: BROKER: Executed at: Executed at: -------------------------------------- ------------------------------------- on: on: ---------------------------------------------- ---------------------------------------------- By: By: ---------------------------------------------- ---------------------------------------------- Name Printed: Name Printed: ------------------------------------- ------------------------------------- Title: Title: ------------------------------------------- ------------------------------------------- Address: Address: ----------------------------------------- ----------------------------------------- ------------------------------------------------- ------------------------------------------------- Telephone: ( ) (6Telephone: ( ) **Initials certify that I have read ------------------------------- ------------------------------- Facsimile: ( ) Facsimile: ( ) ------------------------------- ------------------------------- NOTE: These forms are often modified to meet changing requirements of law and agree to all needs of the above termsindustry. Always write or call to make sure you are utilizing the most current form: AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION, conditions and release of liability000 Xx. Elevate Backcountry – Agreement COMPANY: ELEVATE BACKCOUNTRY xxx.xxxxxxxxxxxxxxxxxx.xxx Xxxx@xxxxxxxxxxxxxxxxxx.xxx VIXxxxxxxx Xx., M-1, Los Angeles, CA 90017. OPERATOR CONSENT TO PAYMENT OF EQUIPMENT LOSSES AND DAMAGES A VALID CREDIT CARD NUMBER SHALL BE RETAINED BY ELEVATE BACKCOUNTRY AND WILL BE USED TO PROVIDE FULL COMPENSATION FOR FAILING TO RETURN SAID EQUIPMENT IN AS GOOD CONDITION AS WHEN RECEIVED BY OPERATOR. COMPENSATION INCLUDES, BUT IS NOT LIMITED TO, REIMBURSEMENT OF ARTICLES DAMAGED, MISSING OR BROKEN. OPERATOR AUTHORIZES ELEVATE BACKCOUNTRY TO CHARGE OPERATORS CREDIT CARD FOR THESE ITEMS IN SUCH CASE. IN THE ALTERNATIVE OR IN ADDITION TO THE CHARGES TO OPERATORS CREDIT CARD, ELEVATE BACKCOUNTRY, IN ITS SOLE DISCRETION, MAY DEMAND THAT OPERATOR PAY SUCH CHARGES IN IMMEDIATELY AVAILABLE FUNDS SUCH AS CASH OR CERTIFIED CHECK. THE AMOUNT AVAILABLE ON THE BALANCE OF THE CREDIT CARD SHALL IN NO WAY BE CONSIDERED A LIMITATION ON THE AMOUNT OF DAMAGES, REIMBURSEMENTS, OR ACTIVITY CHARGES OWED TO ELEVATE BACKCOUNTRY BY THE OPERATOR. ALL UNITS ARE NOT CONSIDERED RENTAL UNITS AND ARE PROVIDED FREE OF CHARGE FOR THE UNIT MANTENENCE AND STORAGE SERVICE, THEREFORE ANY FUNDS RECEIVED BY ELEVATE BACKCOUNTRY ARE SOLEY AS AN NONREFUNDABLE DONATION FOR THE AFORMENTIONED SERVICES. OPERATOR HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT THE UNIT IS WITHOUT DAMAGES OR DEFECTS INCLUDING, BUT NOT LIMITED TO, DENTS, SCRATCHES, TEARS, STAINS AND MECHANICAL DAMAGE. AN INSPECTION OF THE UNIT WILL BE CONDUCTED BY BOTH ELEVATE BACKCOUNTRY AND OPERATOR PRIOR TO THE ACTIVITY PERIOD WHEREBY ANY EXISTING DAMAGES WILL BE NOTED AND ACKNOWLEDGED IN WRITING ON THE ATTACHED AGREEMENT FORM. UPON RETURN OF THE UNIT, ELEVATE BACKCOUNTRY WILL CONDUCT A FINAL INSPECTION. OPERATOR WILL BE HELD RESPONSIBLE AND LIABLE FOR THE TOTAL COST OF ANY AND ALL DAMAGES TO THE UNIT THAT WERE NOT NOTED DURING THE INITIAL INSPECTION. ELEVATE BACKCOUNTRY HAS UP TO 48 HOURS AFTER THIS ACTIVITY & PRIOR TO BEING USED AGAIN TO DISCOVER AND INFORM OPERATOR OF DAMAGE FOUND. OPERATOR ACKNOWLEDGES AND UNDERSTANDS THAT ALL UNITS INCLUDE ACCESSORY ITEMS AND THE REQUIRED SAFETY EQUIPMENT. ALL ITEMS INCLUDING THE VALUES OF EACH ITEM WILL BE NOTED BETWEEN ELEVATE BACKCOUNTRY AND THE OPERATOR PRIOR TO RELEASING THE UNIT. BY SIGNING THE INVENTORY LIST, THE OPERATOR ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY FOR ALL ITEMS LISTED. UPON RETURN OF THE UNIT, ELEVATE BACKCOUNTRY AND THE OPERATOR WILL COUNT ALL RETURNED ITEMS. ANY ITEMS MISSING OR DAMAGED FROM THE SIGNED AGREEMENT WILL BE PAID FOR BY THE OPERATOR AS STATED HEREIN. EARLY RETURNS OR CANCELLATION DUE TO THE NEGLIGENCE OF THE OPERATOR WILL NOT RESULT IN A REFUND. ABSOLUTELY NO REFUNDS WILL BE GIVEN DUE TO MECHANICAL FAILURE UNTIL ELEVATE BACKCOUNTRY HAS HAD THE OPPORTUNITY TO CHECK THE UNIT FOR OPERATOR NEGLIGENCE AND OR ABUSE. IF IT IS DETERMINED THAT THE OPERATOR HAS CAUSED DAMAGE TO THE UNIT, ELEVATE BACKCOUNTRY RESERVES THE RIGHT TO CHARGE THE OPERATOR’S CREDIT CARD WITHOUT ANY FURTHER NOTIFICATION OR AUTHORIZATION FROM ELEVATE BACKCOUNTRY. THE OPERATOR WILL BE RESPONSIBLE FOR ANY LOSS DUE TO UNIT BEING UNAVAILABLE DUE TO DAMAGE CAUSED DURING THIS ACTIVITY PERIOD(000) 000-0000.
Appears in 1 contract
INITIALS. (1) (2) (3) (4) (5) (6) **Initials certify that I have read and agree to all of the above terms, conditions and release of liability. Elevate Backcountry – Agreement COMPANY: ELEVATE BACKCOUNTRY xxx.xxxxxxxxxxxxxxxxxx.xxx Xxxx@xxxxxxxxxxxxxxxxxx.xxx VI. OPERATOR CONSENT TO PAYMENT PURPOSE OF EQUIPMENT LOSSES LESSOR AND DAMAGES A VALID CREDIT CARD NUMBER SHALL BE RETAINED BY ELEVATE BACKCOUNTRY AND WILL BE USED TO PROVIDE FULL COMPENSATION FOR FAILING TO RETURN SAID EQUIPMENT IN AS GOOD CONDITION AS WHEN RECEIVED BY OPERATOR. COMPENSATION INCLUDES, BUT IS NOT LIMITED TO, REIMBURSEMENT OF ARTICLES DAMAGED, MISSING OR BROKEN. OPERATOR AUTHORIZES ELEVATE BACKCOUNTRY TO CHARGE OPERATORS CREDIT CARD FOR THESE ITEMS IN SUCH CASE. IN THE ALTERNATIVE OR IN ADDITION LESSEE WITH RESPECT TO THE CHARGES PREMISES. IF THIS LEASE HAS BEEN FILLED IN, IT HAS BEEN PREPARED FOR YOUR ATTORNEY'S REVIEW AND APPROVAL. FURTHER, EXPERTS SHOULD BE CONSULTED TO OPERATORS CREDIT CARD, ELEVATE BACKCOUNTRY, IN ITS SOLE DISCRETION, MAY DEMAND THAT OPERATOR PAY SUCH CHARGES IN IMMEDIATELY AVAILABLE FUNDS SUCH AS CASH OR CERTIFIED CHECK. EVALUATE THE AMOUNT AVAILABLE ON THE BALANCE CONDITION OF THE CREDIT CARD SHALL IN PROPERTY FOR THE POSSIBLE PRESENCE OF ASBESTOS, UNDERGROUND STORAGE TANKS OR HAZARDOUS SUBSTANCES. NO WAY BE CONSIDERED A LIMITATION ON REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMOUNT OF DAMAGESAMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR BY THE REAL ESTATE BROKERS OR THEIR CONTRACTORS, REIMBURSEMENTSAGENTS OR EMPLOYEES AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR ACTIVITY CHARGES OWED TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO ELEVATE BACKCOUNTRY BY WHICH IT RELATES; THE OPERATOR. ALL UNITS ARE NOT CONSIDERED RENTAL UNITS AND ARE PROVIDED FREE PARTIES SHALL RELY SOLELY UPON THE ADVICE OF CHARGE FOR THE UNIT MANTENENCE AND STORAGE SERVICE, THEREFORE ANY FUNDS RECEIVED BY ELEVATE BACKCOUNTRY ARE SOLEY THEIR OWN COUNSEL AS AN NONREFUNDABLE DONATION FOR THE AFORMENTIONED SERVICES. OPERATOR HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT THE UNIT IS WITHOUT DAMAGES OR DEFECTS INCLUDING, BUT NOT LIMITED TO, DENTS, SCRATCHES, TEARS, STAINS AND MECHANICAL DAMAGE. AN INSPECTION OF THE UNIT WILL BE CONDUCTED BY BOTH ELEVATE BACKCOUNTRY AND OPERATOR PRIOR TO THE ACTIVITY PERIOD WHEREBY ANY EXISTING DAMAGES WILL BE NOTED LEGAL AND ACKNOWLEDGED TAX CONSEQUENCES OF THIS LEASE. IF THE SUBJECT PROPERTY IS IN WRITING ON THE ATTACHED AGREEMENT FORM. UPON RETURN OF THE UNITA STATE OTHER THAN CALIFORNIA, ELEVATE BACKCOUNTRY WILL CONDUCT A FINAL INSPECTION. OPERATOR WILL BE HELD RESPONSIBLE AND LIABLE FOR THE TOTAL COST OF ANY AND ALL DAMAGES TO THE UNIT THAT WERE NOT NOTED DURING THE INITIAL INSPECTION. ELEVATE BACKCOUNTRY HAS UP TO 48 HOURS AFTER THIS ACTIVITY & PRIOR TO BEING USED AGAIN TO DISCOVER AND INFORM OPERATOR OF DAMAGE FOUND. OPERATOR ACKNOWLEDGES AND UNDERSTANDS THAT ALL UNITS INCLUDE ACCESSORY ITEMS AND THE REQUIRED SAFETY EQUIPMENT. ALL ITEMS INCLUDING THE VALUES OF EACH ITEM WILL BE NOTED BETWEEN ELEVATE BACKCOUNTRY AND THE OPERATOR PRIOR TO RELEASING THE UNIT. BY SIGNING THE INVENTORY LIST, THE OPERATOR ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY FOR ALL ITEMS LISTED. UPON RETURN OF THE UNIT, ELEVATE BACKCOUNTRY AND THE OPERATOR WILL COUNT ALL RETURNED ITEMS. ANY ITEMS MISSING OR DAMAGED AN ATTORNEY FROM THE SIGNED AGREEMENT WILL STATE WHERE THE PROPERTY IS LOCATED SHOULD BE PAID FOR CONSULTED. The Parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. Executed at: San Diego, California Executed at: San Diego, California ------------------------- --------------------------- on: April , 2000 on: April 21, 2000 ---------------------------------- ----------------------------------- BY THE OPERATOR AS STATED HEREIN. EARLY RETURNS OR CANCELLATION DUE TO THE NEGLIGENCE OF THE OPERATOR WILL NOT RESULT IN LESSOR: BY LESSEE: SORRENTO WEST PARTNERS, L.P., ELITRA PHARMACEUTICALS, INC., ------------------------------------- ------------------------------------- A REFUND. ABSOLUTELY NO REFUNDS WILL BE GIVEN DUE TO MECHANICAL FAILURE UNTIL ELEVATE BACKCOUNTRY HAS HAD THE OPPORTUNITY TO CHECK THE UNIT FOR OPERATOR NEGLIGENCE AND OR ABUSE. IF IT IS DETERMINED THAT THE OPERATOR HAS CAUSED DAMAGE TO THE UNITCalifornia limited partnership a Delaware corporation ------------------------------------- ------------------------------------- By: By: /s/ Xxxxx Xxxxxx ---------------------------------- ----------------------------------- Name Printed: (See Attached Lessor Name Printed: Xxxxx Xxxxxx Signature Page ------------------------ -------------------------- Title: Title: CEO ------------------------------- -------------------------------- By: By: /s/ Xxxx Xxxxxxx ---------------------------------- ----------------------------------- Name Printed: Name Printed: Xxxx Xxxxxxx ------------------------ -------------------------- Title: Title: Director of Finance ------------------------------- -------------------------------- Address: Address: 0000 Xxxxxxx Xx ----------------------------- ------------------------------ Xxx Xxxxx, ELEVATE BACKCOUNTRY RESERVES THE RIGHT TO CHARGE THE OPERATOR’S CREDIT CARD WITHOUT ANY FURTHER NOTIFICATION OR AUTHORIZATION FROM ELEVATE BACKCOUNTRY. THE OPERATOR WILL BE RESPONSIBLE FOR ANY LOSS DUE TO UNIT BEING UNAVAILABLE DUE TO DAMAGE CAUSED DURING THIS ACTIVITY PERIOD.XX 00000 ------------------------------------- --------------------------------------- Telephone: ( ) Telephone: (000) 000 0000 --- --------------------- --- ----------------------- Facsimile: ( ) Facsimile: (000) 000 0000 --- --------------------- --- ----------------------- BROKER: BROKER: Executed at: Executed at: ------------------------- --------------------------- on: on: ---------------------------------- ----------------------------------- By: By: ---------------------------------- ----------------------------------- Name Printed: Name Printed: ------------------------ -------------------------- Title: Title: ------------------------------- -------------------------------- Address: Address: ----------------------------- ------------------------------ ------------------------------------- --------------------------------------- Telephone: ( ) Telephone: ( ) --- --------------------- --- ----------------------- Facsimile: ( ) Facsimile: ( ) --- --------------------- --- -----------------------
Appears in 1 contract
