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APS Inc. Lease Agreement PO Box 3915
<br />Spokane, WA 99220
<br />Ph# 206.428.6180 or 509.299.6144
<br />Upper Kittitas County District Court
<br />Address City State Zip County
<br />700 E. 1 st St Cie Elum WA 98922
<br />Equipment location Address: Acce tance Signature: X
<br />Same Date:
<br />TERMS AND CONDITIONS • PLEASE READ CAREFULLY BEFORE SIGNING
<br />DESCRIPTION OF EQUIPMENT LEASED - See attached schedule for additional equipr
<br />Quantity Type, Make, Model Number and included accessories
<br />1 Postbase VISION A5 auto feeder sealer w/10# integrated scale. Equipment Only. _
<br />Maintenance Coverage Included
<br />60 Monthly Rental Payment Of: $ 50.00 plus tax ❑ ❑
<br />Billino Ootion: (Check One) annual, semi annual
<br />LEASE AGREEMENT AND FEES: This Lease Agreement OWNERSHIP, TITLE AND UCC's: Except for any software
<br />(this Lease) will begin on the date the Equipment is delivered covered by this Lease the "Software", We are the owner of the
<br />to You (or any later date We designate). This Lease is NOW Equipment and have title to it. You appoint Us as attomey-in-
<br />CANCELLABLE FOR THE ENTIRE LEASE TERM AND fact to execute and file on your behalf, and at your cost,
<br />YOUR PROMISE TO PAY US UNDER THE TERMS OF THIS Uniform Commercial Code (UCC) financing statement(s) to
<br />LEASE. If any amount payable to Us is not paid when due, show our interest in the Equipment.
<br />You will pay a "late charge" equal to: 1) greater of ten (10) SOFTWARE: We do not have title to the Software. We are not
<br />cents for each dollar overdue or twenty-six dollars ($26.00); or responsible for the Software or the obligations owed by either
<br />2) the highest lawful charge, whichever is less. You or the licensor under any License Agreement for the
<br />POSTAGE METER. Under USPS regulations any postage Software. If You properly exercise the purchase option, if any,
<br />meter(s) provided You in connection with this Lease ("Postage for the Equipment, You understand that We do not own the
<br />Meters") shall at all times remain the property of the FP Software and cannot transfer it to You. Except as provided in
<br />Mailing Solutions, Inc. ("FP"). The Postage meters are not part this paragraph, all references to "Equipment" in this Lease
<br />of the Equipment under this Lease and are instead governed includes the Software.
<br />by Your meter rental agreement ("MRA") with FP. INSURANCE: You agree: (a) to keep the Equipment fully
<br />NO WARRANTY: We are leasing the Equipment to You AS IS. insured against loss at its replacement cost, with Us named as
<br />We do not manufacture the Equipment. You selected the loss payee; (b) to maintain comprehensive public liability
<br />Equipment and the Vendor, based on your own judgment. You insurance acceptable to Us; (c) to provide proof of insurance
<br />may contact the Vendor for a statement of the warranties, if satisfactory to Us no later than thirty (30) days following the
<br />any, that the Vendor or manufacturer is providing. We hereby commencement of this Lease, and thereafter upon Our written
<br />assign to You the warranties given to Us, if any. WE MAKE request; (d) if You fail to obtain and maintain property loss
<br />NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING insurance satisfactory to Us and/or You fail to provide proof of
<br />WARRANTIES OF MERCHANTABILITY OR FITNESS FOR such insurance to Us within thirty (30) days of the
<br />A PARTICULAR PURPOSE, IN CONNECTION WITH THIS commencement of the Lease, We have the option, but not the
<br />LEASE. You agree to settle any dispute You may have obligation, to secure property loss insurance on the Equipment
<br />regarding performance of the Equipment directly with the from a carrier of Our choosing in such forms and amounts as
<br />manufacturer or Vendor in addition to the other amounts owed We deem reasonable to protect Our interests; (a) if We place
<br />under this Lease, an early termination fee equal to an insurance on the Equipment, We will not name You as an
<br />additional fifteen percent (15%) of total amount of monthly insured and Your interests may not be fully protected; (f) if We
<br />payments is due for early termination. secure insurance on the Equipment, You will pay Us an amount
<br />EQUIPMENT USE AND REPAIR: You agree the Equipment for the premium which may be higher than the premium that
<br />will be used for business purposes only. You are responsible You would pay if You placed the insurance independently and
<br />for keeping the Equipment in good working order. Except for may result in a profit to Us through an investment in
<br />normal wear and tear, You are responsible for any damage or reinsurance. Any insurance proceeds received will be applied,
<br />losses to the Equipment. We are not responsible for, and You at Our option, (i) to repair, restore or replace the Equipment, or
<br />will indemnify Us against, any claims, losses or damages, (ii) to pay Us the remaining balance of the Lease plus Our
<br />including attorney fees, related to your use or possession of estimated residual value, both discounted at 6%per year.
<br />the Equipment. IN NO EVENT SHALL WE BE TAXES: You agree that You will pay when due all taxes relating
<br />RESPONSIBLE FOR ANY CONSEQUENTIAL OR INDIRECT to this Lease and the Equipment.
<br />DAMAGES.
<br />THIS LEASE IS NOT BINDING ON US UNTIL WE SIGN BELOW.
<br />LESSOR: APS Inc.
<br />(Signature)
<br />Print
<br />Date Accepted:
<br />ASSIGNMENT: You have no right to sell, assign or sublease the
<br />Equipment or this Lease.
<br />RENEWAL: This agreement and the terms & conditions attached
<br />hereto shall automatically and without any further action by either
<br />party hereto renew for automatic one year period following the
<br />expiration of the initial term unless and until either party hereto
<br />provides written notice to the other party of its intent to cancel. Such
<br />written notice must be delivered no later than (90) days prior to the
<br />end of the current term.
<br />DEFAULT: If You do not pay any sum by its due date, or You breach
<br />any other term of this Lease or any other agreement with Us, then
<br />You will be in default of this Lease. If You default, We may require
<br />that You pay 1) all past due amounts under this Lease, and 2) all
<br />future amounts owed for the unexpired term. Upon a default, we may
<br />also choose to repossess the equipment. If We do not choose to
<br />repossess the equipment, you will also pay to Us our booked
<br />residual value for the Equipment. We can also use any and all
<br />remedies available to Us under the UCC or any other law. You agree
<br />to pay all the costs and expenses, including attorney's fees, We incur
<br />in any dispute related to this Lease or the Equipment. You also
<br />agree to pay interest on all past due amounts, from the due date until
<br />paid, at the lower of one and one-half percent (1.59/6) per month or
<br />the highest lawful rate.
<br />WAIVER OF ARTICLE 2A RIGHTS: You agree that this Lease is a
<br />"finance lease" as that term is defined in Article 2A of the UCC. You
<br />hereby agree to waive any and all rights and remedies granted to
<br />You by Sections 2A-508 through 2A-522 of the UCC, including the
<br />right to reject or revoke acceptance of the Equipment.
<br />MISCELLANEOUS: You agree that this Lease is the entire
<br />agreement between You and Us regarding the lease of the
<br />Equipment and supersedes any purchase order You issue. Any
<br />change must be in writing and signed by each party. We may accept
<br />a facsimile copy of this Lease as an original. ANY CLAIM RELATED,
<br />TO THIS LEASE WILL BE GOVERNED BY WASHINGTON LAW
<br />AND WILL BE ADJUDICATED IN A STATE OR FEDERAL COURT
<br />LOCATED IN SPOKANE, WASHINGTON. YOU HEREBYI
<br />CONSENT TO PERSONAL JURISDICTION AND VENUE IN SUCH
<br />COURT AND WAIVE ANY RIGHT TO TRANSFER VENUE. EACH
<br />PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY.
<br />THIS LEASE IS NONCANCELLABLE FOR THE FULL LEASE TERM.
<br />LESSEE: (As Stated Above)
<br />X Date:
<br />(Signature)
<br />
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