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Lease Agreement PACIFIC
<br /> Terms and Conditions MOB/LE STRUCTURES
<br /> i.If PMSI does not receive the property insurance certificate as required prior to delivery, or if the RENTER selects the Property Damage Waiver, then the
<br /> RENTER will automatically be enrolled in the Property Damage Waiver Program(Program). PMSI is not an insurance company and the Program is not an
<br /> insurance policy.The Program only covers damage caused by fire,theft,vandalism and malicious mischief.The RENTER is responsible for the first$2,000 in
<br /> damages per unit/per loss occurrence.The Program only covers the unit itself,and RENTER is responsible for insuring the contents.The Program does not
<br /> cover property damage caused by any of the following:(a)acts of God(earthquake,seismic activity,high winds,hurricane,tornado,flood),(b)acts of terrorism,
<br /> (c)building contents,(d)damages caused by RENTER or its employees, (e)collision damage from vehicles and other equipment,(f)collision damage while
<br /> being transported or moved,or(g)abuse or neglect by RENTER.The responsibility for property damage due to these perils is on the RENTER.Either party can
<br /> cancel the Program with ten(10)days prior written notice.If the Program is canceled,the RENTER must provide Property insurance as required under section
<br /> 10(b).All Program fees must be paid in order for this option to be valid.If the RENTER fails to pay their rent or the Program fees,the Program will be terminated
<br /> automatically.Fees will not be refunded in arrears.Claims must be reported to PMSI by fax or email within 48 hours of their occurrence.
<br /> RENTER shall be liable for all deductible portions of all required insurance. RENTER will deliver certificates evidencing all such insurance to PMSI prior to delivery of
<br /> the equipment,provided,however,that PMSI shall be under no duty either to ascertain the existence of or to examine such insurance policies or to advise RENTER in
<br /> the event such insurance coverage shall not comply with the requirements hereof. Each insurer shall agree by endorsement to the policy or policies issued by it or by
<br /> an independent instrument furnished to PMSI,that it will give PMSI at least ten(10)days'prior written notice of cancellation of the policy for nonpayment of premiums
<br /> and at least thirty(30)days'prior written notice for alteration or cancellation due to any other reason or for non-renewal of the policy.If the insurers are unable to or
<br /> unwilling to provide such notice,RENTER shall provide such notice. All required insurance shall be maintained with insurance companies rated A-X or better by AM
<br /> Best(or an equivalent rating by another nationally recognized insurance rating agency of similar standing)or with other insurance companies satisfactory to PMSI.
<br /> 11.Accidents or Claims
<br /> RENTER shall within 24 hours after any property damage or casualty event involving the leased equipment notify PMSI by telephone,and within 48 hours,notify PMSI
<br /> in writing.Said report shall state the time,place,and nature of the event,the damage sustained,the names and addresses of persons involved,persons injured and
<br /> witnesses,and any other information relating to said event and it shall promptly forward to PMSI all correspondence,notices or documents received in connection
<br /> with any claim or demand relating to the leased equipment or its operation,and shall aid in the investigation and defense of all such claims and demands.Nothing
<br /> 12.Maintenance and Damage
<br /> RENTER shall at RENTER's own expense,and at all times,keep the equipment in good and efficient working order,condition and repair and shall maintain thereon
<br /> such identification of ownership as PMSI may require.PMSI will maintain and make any repairs required from normal use to the roof,doors,windows,light fixtures,
<br /> heating,ventilating and air conditioning systems(HVAC),except that RENTER shall replace HVAC fitters,light bulbs and ballasts as required and pay for any damage
<br /> caused by the RENTER.RENTER shall bear the risk of damage,theft or destruction of the leased equipment from every cause,except as outlined in paragraph 10(b)
<br /> (i),if selected and shall make all replacements,repairs or substitution of parts of equipment thereon at its expense,all of which shall constitute RENTER's obligatory
<br /> maintenance of the leased equipment.If RENTER does not adequately maintain the equipment or adequately repair any damage for which RENTER is responsible,
<br /> PMSI shall have the option to perform the maintenance or repair at RENTER's expense.RENTER shall at its expense provide adequate janitorial service to keep the
<br /> leased equipment in good condition,fair wear and tear excepted.On termination of this lease,the leased equipment shall be returned to PMSI in the same condition
<br /> as when delivered,fair wear and tear excepted.
<br /> 13.Inspection by PMSI
<br /> PMSI may inspect the leased equipment at any reasonable time and may provide a notice of non-responsibility or preservation of PMSI's interest.
<br /> 14.Default
<br /> An event of default will have occurred if RENTER:(a)does not pay rent when due,or otherwise fails to perform as required under this Lease or under any other
<br /> agreement with PMSI, (b) becomes insolvent, assigns its assets for the benefit of creditors, or enters(voluntary or involuntarily)into a bankruptcy or receivership
<br /> proceeding or(c)shall suffer an adverse material change in its financial or business condition from the date hereof and as a result PMSI deems itself insecure.
<br /> 15.Remedies
<br /> Upon the occurrence of an event of default,PMSI may,in its sole discretion,(a)do one or more or the following with respect to all or part of the leased equipment,
<br /> concurrently or separately:(i)demand the return of the leased equipment,(ii)enter upon RENTER'S premises and without any court order or other process of law,
<br /> repossess and remove all or part of the leased equipment,or render the leased equipment unusable without removal,either with or without notice to RENTER and
<br /> with or without terminatingthis Lease,and RENTER hereby waives any trespass or other right of action for damages by reason of such entry,removal,or disabling
<br /> of the leased equipment,(ii)proceed by appropriate court action or actions either at law or in equity to enforce performance by RENTER of the applicable covenants
<br /> of the LEASE,(b)demand and recover judgment for the remaining balance of all rent due through the remaining term of the lease,and recover all other amounts due
<br /> hereunder and any other damages caused by such default,and(c)exercise any other remedies available under the Uniform Commercial Code or any other law. All of
<br /> PMSI's rights and remedies hereunder and at law and in equity shall be cumulative;any waiver of such rights or remedies must be in writing,and a waiver of PMSI's
<br /> rights or remedies on one occasion shall not constitute a waiver of any other existing or future right or remedy.Should PMSI be required to take possession of the
<br /> leased equipment,RENTER agrees to pay the cost of repossession,storing,shipping,and repairing the leased equipment.
<br /> 16.RENTER'S Possession on Termination
<br /> If RENTER retains possession of the leased equipment beyond the Rental Order term expiration date without proper written renewal notice,PMSI shall have the option
<br /> of(a)deeming this Lease renewed as a month to month tenancy per PMSI's standard rental rates at such time,as determined by PMSI in its sole discretion,or(b)
<br /> repossessing its leased equipment and other property at any time without notice.
<br /> 17.Attorney's Fees,Collection Fees,Interest
<br /> If RENTER defaults on this Lease, PMSI shall be entitled to recover from RENTER all items of damages, costs and expenses, including court costs, reasonable
<br /> attorney's fees and repossession fees, incurred by PMSI to enforce its rights and remedies hereunder,whether suit is filed or not, and including all attorneys'fees
<br /> and costs incurred in any bankruptcy proceeding.PMSI shall also be entitled to interest on delinquent invoices at the rate of 1.0%per month or the maximum rate
<br /> permitted by law until such invoice is paid in full.
<br /> 18.Miscellaneous;Consent to Jurisdiction;Jury Waiver
<br /> This Lease shall be construed and interpreted under the laws of the state in which the equipment is located.All signed copies shall constitute duplicate originals.
<br /> THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY.RENTER consents to the jurisdiction of state and federal courts located in the state of Washington for the
<br /> determination of all disputes arising under this Lease.
<br /> 19.Entire Agreement
<br /> This Lease,and any Rental Order issued in connection herewith,contains the entire agreement between the PMSI and RENTER and may not be altered,modified,
<br /> terminated or otherwise changed unless agreed to in writing by PMSI.This Lease governs all existing and future Rental Orders unless agreed in writing otherwise
<br /> and,together with such written Rental Orders,contains the entire understanding of the parties and supersedes any other document from the RENTER or any other
<br /> agreement,including verbal,among the parties.
<br /> 20.Notices
<br /> All notices required under the terms and provisions of this Lease shall be in writing and shall become effective three(3)days following mailing if mailed by US certified
<br /> mail,or upon receipt,if given in any other manner,addressed to Pacific Mobile Structures at PO Box 1404,Chehalis WA 98532,and to Renter set forth on the face
<br /> page hereof,or at such other address as either party may designate in writing.The payment remittance address is to Pacific Mobile Structures at P.O.Box 24747,
<br /> Seattle,WA 98124.
<br /> REV.FEB 2020
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