HomeMy WebLinkAboutResolution - 1260 - Lease Agreements - CIC Inc - Exxon Office Systems Equipment - 11/11/19821\0
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RESOLUTION
RESOLUTION 1260 - 11/11/82
WHEREAS, the City Council of the City of Lubbock has considered
proposals to furnish word processing equipment to the City of Lubbock on
an "as needed" basis; and
WHEREAS, the City Council deems.the proposal submitted by Exxon
Office Systems for lease of such equipment' -to the City of Lubbock through
Citicorp Industrial Credit, Inc., to be the best proposal and in the
public interest; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor BE and is hereby authorized and directed to execute
lease agreements with Citicorp Industrial Credit, Inc., for Exxon Office
Systems equipment, not to exceed the number of units authorized by the
City Council in the annual budget. A copy of the lease agreement docu-
ments to be used is attached hereto and they, shall be spread upon the
minutes of the Council and as spread upon the minutes of the Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by City Council this 11th day of Novembe , 1982•
BILY McALISTER, MAYOR
ATTEST:
E elyn7G fga, ity c t y -Treasurer
APPROVED AS TO CONTENT:
_ N%R Gg
Bob Cass, Assistant City Manager
APPROVED AS TO FORM:
A
G. Vandiver, Assistant City Att
LESSEE TERMS AND CONDITIONS AGREEMENT NO.
000992176
E,%OFFICE
^N SYSTEMS
EOSC is contractually obligated to The Third Party Leasing Company to provide the following rights directly to the Lessee of the Equipment:
1. MAINTENANCE
Following the warranty period, EOSC will offer to provide maintenance coverage of the Equipment at Its standard rates then In effect provided the
Equipment is located in a designated maintenance zone.
2. PATENT INDEMNIFICATION
EOSC agrees, at Its own expense, to defend the Lessee in any suit, claim or proceeding brought against the Lessee alleging that the Equipment/Supplies
hereunder purchased infringes a U.S. patent provided, however, that the Lessee (a) promptly notifies EOSC in writing of such suit, claim or proceeding,
(b) gives EOSC full information and assistance required to defend such suit, claim or proceeding, and (c) allows EOSC at EOSC's expense, to direct the
defense. Further, EOSC agrees to pay any judgment based on such infringement rendered in such suit by final judgment of a court of last resort; provided
that EOSC shall have no liability to indemnify Lessee in any suit, claim or proceeding brought against Lessee in which and to the extent the alleged in-
fringement arises from any modification of the Equipment/Supplies as originally supplied by EOSC, or arises from the use of other Equipment/Supplies
not provided by EOSC In conjunction with Equipment/Supplies supplied by EOSC and the claim for such Infringement would have been avoided if such
non-EOSC Equipment/Supplies had not been used. If the Lessee's use of the Equipment/Supplles is enjoined, or In the event that EOSC desires to mini-
mize its liabilities hereunder, EOSC may, at its option, either substitute other equally suitable Equipment/Supplies, modify the Equlpment/Supplies so
that it no longer infringes, or obtain for the Lessee the right to continue its Use.
3. WARRANTY/LIMITATION OF LIABILITY
All Equipment shall be manufactured from parts meeting EOSC's quality and inspection standards.
EOSC warrants that parts and service will be available for a period of five years from the date of this order for the units leased herein, provided the
equipment is in new production. For equipment not in new production, parts and service will be available for a period of five years from the date the
equipment ceased to be in new production.
Lessee's sole remedy will be that EOSC will make any adjustments, or replacements of parts where it determines that the parts are defective and do
not conform to this Warranty. All replaced parts will become the property of EOSC on an exchange basis.
EOSC's warranty does not cover damage to the Equipment caused by accident, misuse, acts of third parties, environmental conditions, any force of
nature, or for repairs by any other than EOSC authorized service personnel, or any other causes beyond EOSC's control, or by any alterations to the
Equipment at Lessee's direction, or to consumable parts such as ribbons, printwheels, or rubberized parts. EOSC shall not be required to make repairs or
replace parts if impractical to do so because of Equipment connection to other devices, or the existence of safety hazards.
EOSC's warranty shall apply only to machines sold and used in the United States.
THERE ARE NO WARRANTIES ON THE EQUIPMENT WHICH EXTEND BEYOND THIS AGREEMENT, AND EOSC MAKES NO WARRANTY
EXPRESS OR IMPLIED, OF FITNESS FOR A PARTICULAR USE OR MERCHANTABILITY. EOSC SHALL NOT BE LIABLE FOR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR OTHER ECONOMIC LOSS.
A DIVISION OF EXXON ENTERPRISES, A DIVISION OF EXXON CORPORATION
LESSEE TERMS AND CONDITIONS
11000 Rev. 2126/82
Citicorp industrial
EQUIPMENT LEASE:
LESSOR: CITICORP INDUSTRIAL CREDIT, INC. (herein called "Lessor")
ADDRESS: 450 MAMARONECK AVENUE
HARRISON, NEW YORK 10528
I/ ty
TERMS AND CONDITIONS OF LEASE
1. LEASE. Lessor hereby leases to Lessee and Lessee leases from Lessor the personal property described above together with all replacements, parts,
repairs, additions and accessories incorporated therein or affixed thereto (hereinafter called the "Equipment').
2. TERMS AND RENTALS. This Lease shall commence on the date which manufacturer specifies to Lessor is the date of installation of the equipment
and shall continue for the Rental Term set forth above (Rental Commencement Date). For said Term Lessee agrees to pay Lessor aggregate rentals equal to the
sum of all rental payments (including advance rents) specified above. The first rental payment is due on the Rental Commencement Date and remaining rents
on the same day of each consecutive month or quarter thereafter as designed above. To the extent permitted by applicable law Lessee will pay on demand, as a
late charge, an amount equal to ten percent (1047o) of each installment of rent which remains overdue for more than 30 days. This Lease cannot be terminated
except as expressly provided herein. All payments provided for herein shall be payable at the office of Lessor at 450 Mamaroneck Avenue, Harrison, New
York 10528, or at any place otherwise designated by Lessor.
(CONTINUED ON REVERSE SIDE)
This Lease consisting of the foregoing, and THE REVERSE SIDE HEREOF, correctly sets forth the entire agreement between Lessor and
Lessee with respect to the use, possession and lease of the Equipment. No agreements or understandings concerning the foregoing shall be
binding on either of the parties hereto unless specifically set forth In this Lease. The term "Lessee" as used herein shall mean and include
any and all Lessees who sign hereunder, each of whom shall be jointly and severally bound thereby. This lease will not be binding on Lessor
until accepted below.
By execution hereof, the signer hereby certifies that he has read this
Lease, INCLUDING THE REVERSE SIDE HEREOF, and that he is duly
authorized to execute this lease on behalf of Lessee.
CIC 1001 (1182)
LESSEE:
NAME OF COMPANY
By A
AUTHORIZED SIGNATURE AND TITLE
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EASE NO.
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CITY
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❑YES O NO
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TYPE OF BUSINESS
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ZIP CODE
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PERSON TO CONTACT AND TITLE
TEL NO. (INC. AREA CODE)
YEARS IN USINESS
SUPPLIER
E)XON OFFICE SYSTEMS COMPANY
BANK
SALES AREA
NAME
ADDRESS
ADDRESS
SALES REPRESENTATIVE
ACCT. CONTACT.
LOCATION OF EQUIPMENT (IF DIFFERENT THAN ABOVE)
LESSEE
NAME AND ADDRESS OF LANDLORD IF EQUIPMENT IS TO BE PLACED IN RENTED PREMISES
OWNS
PREMISES O
QUANTITY
EQUIPMENT DESCRIPTION (INCLUDING MODEL AND SERIAL NO.(S) OR OTHER PERTINENT INDENTIFICATION)
NO.OF
NO.OF
NO.OF
RENTAL AMOUNT
TAX EXEMPT NO.
USE/SALES TAX
TOTAL PAYMENT
MONTHS
PAYMENTS
WILL ❑MONTHLY
WICOPIES
PAYMENTS
INVOICE
(IF APPLICABLE)
BE [I QUARTERLY
❑ 1
REQ'D. C1 2
MADE
❑ ANNUALLY
0 3
TERMS AND CONDITIONS OF LEASE
1. LEASE. Lessor hereby leases to Lessee and Lessee leases from Lessor the personal property described above together with all replacements, parts,
repairs, additions and accessories incorporated therein or affixed thereto (hereinafter called the "Equipment').
2. TERMS AND RENTALS. This Lease shall commence on the date which manufacturer specifies to Lessor is the date of installation of the equipment
and shall continue for the Rental Term set forth above (Rental Commencement Date). For said Term Lessee agrees to pay Lessor aggregate rentals equal to the
sum of all rental payments (including advance rents) specified above. The first rental payment is due on the Rental Commencement Date and remaining rents
on the same day of each consecutive month or quarter thereafter as designed above. To the extent permitted by applicable law Lessee will pay on demand, as a
late charge, an amount equal to ten percent (1047o) of each installment of rent which remains overdue for more than 30 days. This Lease cannot be terminated
except as expressly provided herein. All payments provided for herein shall be payable at the office of Lessor at 450 Mamaroneck Avenue, Harrison, New
York 10528, or at any place otherwise designated by Lessor.
(CONTINUED ON REVERSE SIDE)
This Lease consisting of the foregoing, and THE REVERSE SIDE HEREOF, correctly sets forth the entire agreement between Lessor and
Lessee with respect to the use, possession and lease of the Equipment. No agreements or understandings concerning the foregoing shall be
binding on either of the parties hereto unless specifically set forth In this Lease. The term "Lessee" as used herein shall mean and include
any and all Lessees who sign hereunder, each of whom shall be jointly and severally bound thereby. This lease will not be binding on Lessor
until accepted below.
By execution hereof, the signer hereby certifies that he has read this
Lease, INCLUDING THE REVERSE SIDE HEREOF, and that he is duly
authorized to execute this lease on behalf of Lessee.
CIC 1001 (1182)
LESSEE:
NAME OF COMPANY
By A
AUTHORIZED SIGNATURE AND TITLE
(CONTINUED FROM OTHER SIDE)
Citicorp Industrial Credit, Inc.
3. INSTALLATION AND DELIVERY. The Lessee agrees to provide a suitable installation environment for the Equipment as specified in the applicable
manufacturer's manual, if any, and, except as otherwise specified by manufacturer, to furnish all labor required for unpacking and placing each item of
Equipment in the desired location. Lessee shall be responsible for any delivery, rigging, destination, or other amounts charged by manufacturer with respect to
the Equipment.
4. WARRANTIES. Lessee acknowledges that it has made the selection of each item of Equipment based upon its own judgement and expressly disclaims
any reliance upon statements made by Lessor. LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANT-
ABILITY OR FITNESS FOR A PARTICULAR USE WITH RESPECT TO THE EQUIPMENT AND HEREBY DISCLAIMS THE SAME. Lessor agrees
that Lessee shall be entitled to the benefit of any manufacturer's Warranties on the Equipment to the extent permitted by applicable law.
5. TITLE; IDENTIFICATION; PERSONAL PROPERTY. No right, title or interest in the Equipment shall pass to Lessee other than, conditioned upon
Lessee's compliance with and fulfillment of the terms and conditions of this Lease, the right to maintain possession and use the Equipment for the full lease
term. Lessor may require markings to be affixed to Equipment indicating Lessor's interest. Lessor and Lessee hereby confirm their intent that the Equipment
shall always remain and be deemed personal property even though said Equipment may hereafter become attached to realty. Lessee agrees not to sell, assign,
sublet, or otherwise encumber or suffer a lien upon or against any interest in this Agreement or the Equipment or to remove the Equipment from its place of
installation without Lessor's prior written consent.
6. TAXES; INDEMNITY. Lessee agrees to comply with all laws, regulations and orders relating to this Lease and to pay to Lessor when due, all license
fees, assessments and sales, use, property, excise and other taxes now or hereafter imposed by any governmental body or agency upon any Equipment, or the
use thereof, exclusive, however, of any taxes based on the net income of Lessor, and to assume the risk of liability arising from or pertaining to the possession,
operation or use of such Equipment. Lessee does hereby agree to indemnify, hold safe and harmless from the convenants to defend Lessor against any and all
claims, costs, expenses, damages and liabilities, arising from or pertaining to the use, possession, operation or transportation of such Equipment. Any fees,
taxes or other lawful charges paid by Lessor upon failure of Lessee to make such payments, shall at Lessor's option become immediately due from Lessee to
Lessor. The indemnities contained in this Paragraph shall survive the termination of this Lease.
7. USE; INSPECTION. Lessee will cause the Equipment to be operated in accordance with. applicable manufacturer's instructions, if any, and for
business purposes only. Lessor shall have the right during normal business hours to enter upon Lessee's premises for the purpose of confirming the condition,
and proper maintenance of the Equipment.
8. EVENTS OF DEFAULT. An event of default shall occur hereunder if Lessee (i) fails to pay any installment of rent or other payment required
hereunder when due and such failure continues for 5 days after written notice is sent from Lessor; or (ii) fails to perform or observe any other convenant, or
agreement to be performed or observed by it hereunder or breaches any representation, and such failure or breach shall continue unremedied for 10 days after
written notice is sent from Lessor; or (iii) attempts to remove, sell, encumber, or sublet any item of Equipment; or (iv) shall become insolvent or bankrupt or
make an assignment for the benefit of creditors or consent to the appointment of a Trustee or Receiver or either shall be appointed for Lessee or for a substan-
tial part of its property without its consent; or (v) shall suffer an adverse material change in its financial condition from the date hereof.
9. REMEDIES. Upon the occurrence of any event of default and at any time thereafter Lessor may, in its sole discretion, do any one or more of the
following: (i) upon notice to Lessee, terminate this Lease; (ii) declare all sums due and to become due hereunder for the full term of the Lease immediately due
and payable; (iii) demand that Lessee return all Equipment to Lessor in accordance with Paragraph 13 hereof; (iv) enter the premises where such Equipment is
located and take immediate possession of and remove the same, without liability to Lessor or its agents for such entry, or for damage to property or otherwise;
(v) sell any or all of the Equipment at public or private sale, with or without notice to Lessee or advertisement, or otherwise dispose of, lease to others or keep
idle such Equipment, all free and clear of any rights of Lessee and without any duty to account to Lessee for such action or inaction or for any proceeds with
respect thereto; (vi) by written notice to Lessee, demand Lessee (and Lessee agrees that it will) pay to Lessor (as liquidated damages for loss of a bargain and
not as a penalty) on the date specified in such notice an amount (plus interest thereon at the rate of 10% per annum from said date to the date of actual pay-
ment) equal to all unpaid rent payments (and any renewal or purchase options) which absent a default would have been payable by Lessee hereunder for the
full term hereof; or (vii) exercise any other right or remedy which may be available to it under the Uniform Commercial Code or any other applicable law or
proceed by court action to enforce the terms hereof or to recover damages for the breach hereof. In addition, Lessee shall be liable for all legal fees and other
costs and expenses resulting from the foregoing defaults or the exercise of Lessor's remedies, including placing any Equipment in the condition required by
Paragraph 13 hereof. If this Lease be deemed at any time to be one intended as security then Lessee agrees that the Equipment shall secure, in addition to the
indebtedness set forth herein, all other indebtedness at any time owing by Lessee to Lessor. No remedy referred to in this Paragraph is intended to be exclusive,
but each shall be cumulative and in addition to any other remedy referred to above or otherwise available to Lessor at law or in equity. No express or implied
waiver by Lessor of any default shall constitute a waiver of any other default by Lessee or a waiver of any of Lessor's rights. To the extent permitted by ap-
plicable law, Lessee hereby waives any rights now or hereafter conferred by statute or otherwise which may require Lessor to sell, lease or otherwise use any
Equipment in mitigation of Lessor's damages as set forth in the Paragraph or which may otherwise limit or modify any of Lessor's rights or remedies under
this Paragraph.
10. NOTICES. Any notices or demands required to be given herein shall be given to the parties in writing and by regular mail at the addresses herein set
forth, or to such other addresses as the parties may hereafter substitute by written notice given in the manner prescribed in this paragraph.
11. REPAIRS, LOSS AND DAMAGE. Lessee, at its own cost and expense, shall keep all Equipment in good repair, condition and working order and
shall furnish all parts, and servicing required thereof. All such parts shall immediately become the property of Lessor and part of the Equipment for all pur-
poses hereof. In the event that any item of Equipment shall become lost, stolen, or damaged beyond repair for any reason, or in the event of any condemna-
tion, or seizure or requisition of title to or use of such item, Lessee shall promptly pay to Lessor the installments of rent then remaining unpaid hereunder for
such item, whereupon Lessor will transfer to Lessee, without recourse or warranty, all of Lessor's right, title and interest, if any, in such item.
12. INSURANCE. Lessee shall obtain and maintain for the entire term of this Lease, property damage and liability insurance and insurance against loss
or damage to the Equipment including, without limitation, loss by fire (including so called extended coverage) theft, collision and such other risks of loss as
are customarily insured against on the type of Equipment leased hereunder and by businesses in which Lessee is engaged, in such amounts, in such form and
with such insurers as shall be satisfactory to Lessor provided, however, that the amount of insurance against loss or damage to the Equipment shall not be less
than the installments of rent then remaining unpaid hereunder. Each insurance policy will name Lessee as an insured and Lessor as an additional insured and
loss payee thereof as Lessor's interests may appear, and shall contain a clause requiring the insurer to give Lessor at least 10 days prior written notice of any
alteration in the terms of such policy or of the cancellation thereof. Lessee shall furnish to Lessor a certificate of insurance or other evidence satisfactory to
Lessor that such insurance coverage is in effect, provided, however, that Lessor shall be under no duty either to ascertain the existence of or to examine such
insurance policy or to advise Lessee in the event such insurance coverage shall not comply with the requirements hereof. Lessee further agrees to give Lessor
prompt notice of any damage to, or loss of, the Equipment, or any part thereof.
13. RETURN OF EQUIPMENT. Upon the expiration of the lease term provided in each Schedule or upon demand of Lessor as set forth in Paragraph 9,
Lessee, at its own risk and expense, will immediately return the Equipment described in such Schedule to Lessor in the same condition as when delivered, or-
dinary wear and tear expected, at such location as Lessor shall designate.
14. FURTHER ASSURANCES. Lessee will promptly execute and deliver to Lessor such further documents and take such further action as Lessor may
request in order to more effectively carry out the intent and purpose of this Lease.
15. NON -CANCELLABLE LEASE, LESSEE'S OBLIGATIONS UNCONDITIONAL. This Lease cannot be cancelled or terminate except as expressly
provided herein. Lessee hereby agrees that a Lessee's obligation to pay all rent and any other amounts owing hereunder shall be absolute and unconditional.
16. MISCELLANEOUS. This Lease may not be amended except in writing and shall be binding upon and inure to the benefit of the parties hereto, their
permitted successors and assigns. Any provision of this Lease which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the ex-
tent of such prohibition or unenforceability without invalidating the remaining provisions hereof and any such prohibition or unenforceability in any jurisdic-
tion shall not invalidate or render unenforceable such provision in any other jurisdiction. Time is of the essence with respect to this Lease. The captions in this
Lease are for convenience only and shall not define or limit any of the terms hereof. This Lease shall in all respects be governed by, and construed in accor-
dance with, the laws of the State of New York.
NON -APPROPRIATION TERMINATION RIDER
Rider attached to and made a part of that lease, number
dated the day, of _ 19 by and
between Citicorp Industrial Credit, Inc., herein referred to as "Lessor"
and
herein referred to as "Lessee:"
The Provisions of.,the aforementioned Lease notwithstanding, `Lessor and
Lessee mutually,. -agree that:, ,
Lessee acknowledges that this' .Lease is for a firm term of
months' Flowevsz ; ..:.not' standin anything., clontained 'to the contrary �� thi
Y,
Lease,, Lessor., agrees � t,ha`t:' LesrePs"May texminatet�bkhi�s Lease . at any fiscal yeat
.,end with 3a�
.0 dysr pr
car = wr tGen� ttQt QG�,I t.0 Lessc x � 'ffQ r an p atans o `the :f41 ow `ng#� k+;
reasons
; :. ..:. •.-., I ., � ,,: +c'�,+. to a_.,. r �..4a'"sa ��
S
1 ..'Leasee -.-has exhaysted xal funds 1'ga� mea#, �e for payments to ,r
f 1 1
' ff�
ti. become a t�
v ] t 2 : Y i 1 4rv'o, y. aR�,,7P� t3 •! s• ^ a i:•� y t I
,..� k � I,.;r t .� �j ,. t i Y # w i�j, L j �'4ir�4' SaF �� s •.1E r x+ e i '� � 3 1
r L 5} Y.1 til ,y.i tr} t� � y a
F'unds,�a�whS,CW have'h be`ond�{A p.P'�roprimke�l ���oil w�Ghhe�d l and are tot m�a�e
h a2?S i .a t 1�w+Y;7,�iP4 ro+ n'. + 4 r y,
ava�l�?e Less�elrr' ��. �� +�� a ,l,i r r ,}° £ �� ��
i # t ,'a "'� � .. ar P` e . 'r"fi ria AYH ,fir.•£ �{ r • �:
1
apprQpY' t+a on Qf .{' fund's, fQr they at, ar,soml yea#rbit
prxr to �acu�.e'+ase� ;such, ,aPPr+�Pla�vn ` i �rithdrawn,
Notw'ithsta'nding "'any hirlg on.WNW,.t�'��vd,�-in this`` R-1 k, to uhdffi °are ` appropriated
for an' ,immediaellyo1,�awang f;FSC�►1: year+w. :andb,tehuiads `,are for, the
acqu=isition of'. fur�c:tiArls whack ;'inl�whole or in °"ps>~G :;ares ejsential'ly the same j'rtkf
functions for' the,..Per 4rmance., of t{ +hxch the' Equipment °.liras, leased :hereunder,
then suchCappr gr,iste43 ':funds, w lle�a, B used :AtQ sa sf + the 4p ►yment obligations, r
under , this Lease.";
i :4t5 l x %d�h CI
Y Upon the 'exp -1
'.noGf cep rte{ t'icd after 'th!�Apntg` of ;'thebGve'f
x F F d rS•
Lessee's obligat sQtra 3�nde�K fth s ease :shall` G ► natel'provfded that Lessee
has-'mede ,all 'pays ants Y zec�+ irec� toiq he dace. pf . , �'ri.c3udn' :;the oblx ak cans
Provided that e�Il, �;c►ther �a i.aiQn¢=, of. khe"Le'st'e n;J
to return , the tq `6'ment�`i 14ccordtance =with Para(jraph 13
<�?
a5 l.w 2Sir. ' L r r 5�, .,R`•r ^" x ' h:l �1 � .. .I' } r f a'tra :N i 7 5+ r
r� n t "'4tY r F#Y+ 'a'� i Y ..irl . y r Y ,r
Executed a��racf, rrh+� �dat.�s��t en ,aboue,�p a �r + i:.
0 i .�;
Y It@Yis !• d.;SRN 1,., a tr #r y'�'"'!'3Si iS. d ,_a'i;aitE tT X§R;C ,.�.-�.
� 41-
4p $-j tie t7`w 4....¢^°{
d k ': ..J.1a d pk,k I��+AVi'�,y�.��jj9X� � M�^�A h� � �i �µ.�+M. �F � w r" � °J dk 's f._.f 1 S e .if r� � Z ..4 l �k����d +•
h � � '3� �X+,, i. �i°`� �p.r i ��+ i G.+a~. 1•� r " tii`� �, ((,��F i a +7::} LTj
i•,
t e c
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c, i Zr t�V� K:,.4,}x!''1.9 e
AIVth6ri a S� n„e �a,s. ., _ ,. „P , M .r, , .��
( ��t iPe��i, �1T:{'i'z a' qtr; ;�5�a1
Lessor <7 y ':: ,j.rt �-
1 4., Lk: x�i�a�q ''•,
,t>r yyy � w�
a1?
.. • a 'Est � 4 � ,1r}���.:� � ,�� ' � �� � � ° 1 r`��' i"� �, J 1 #� ;;,�
•fir x"�"'i'"S,Spf d.z�. r'1t�!4�A'�'��f �k' i ?^kM4il'j"�'� aTMlr""'n♦'... .w, 'S'4'�'; ,�.wL.. �,+.,.. n.�.k x, R 1�,7� 1`f
+ C•, r +a c t ^ iy� ° • oda fq,y
Pr, :�y tri yY# r1 "� ur��y1-
” ry �:yk'
3 t 4-F
j
' A
V
Application F& Credit
Citicorp industrial Credit, Inc.
SECTION A Information Regarding Applicant
FULL NAME (Last, First, Middle)
TELEPHONE NO.
SOCIAL SECURITY NO.
PRESENT STREET ADDRESS
CITY
STATE
ZIP CODE
SECTION B
Information Regarding Applicant's Business
NAME OF EMPLOYER
NAME OF FIRM
DATE OF EMPLOYMENT
TELEPHONE NO.
CITY
DATE ESTABLISHED
STREET ADDRESS
CITY
STATE
ZIP CODE
TYPE OF BUSINESS
C] CORPORATION
17 PROPRIETORSHIP
❑ PARTNERSHIP
f-1 PROFESSIONAL CORPORATION
SECTION C Information Regarding Applicant's Employer*
*It is not necessary to complete this section if you are applying for business credit and have completed Section B.
NAME OF EMPLOYER
TELEPHONE
DATE OF EMPLOYMENT
STREET ADDRESS
CITY
STATE
ZIP CODE
SECTION D Information Regarding Applicant's Bank
NAME AND LOCATION OF YOU R'BANK
INDIVIDUAL TO BE CONTACTED
TELEPHONE NO.
UNDER WHAT NAME IS YOUR ACCOUNT
ACCOUNT NUMBER
..� �..t.....,.,tt...,' f]dne.rlinn inin� Ann{irant llf OnntirahlPl•
-it your business is a partnership, complete this section, attach additional sheet if necessary.
FULL NAME OF PARTNER (Last, First, Middle) - TELEPHONE NO. SOCIAL SECURITY NO.
PRESENT STREET ADDRESS
CIN
STATE
ZIP CODE
SECTION F
TYPE OF EQUIPMENT TO BE PURCHASED
PURCHASE PRICE
$
DOWN PAYMENT AMOUNT
S
AMOUNT TO BE
FINANCED $
NO. OF MONTHS
REQUESTED
SECTION G Applicant's Relationship To Business
APPLICANT IS THE (Check one)
Owner of a Proprietorship CJ General Partner of a Partnership q Other (specify)
ATTACH YOUR fINANCIAL YTS 70THIS APPLICATION;OR,'COMPLETE-THE REVERSE SIDE OF THIS FORM
THE UNDERSIGNED CERTIFIES THAT BOTH SIDES HEREOF AND THE INFORMATION INSERTED HEREIN HAS BEEN CAREFULLY
READ AND IS TRUE AND CORRECT, IN MAKING OUR CREDIT DETERMINATION, IT MAY BE NECESSARY TO OBTAIN INFORMATION
CONCERNING YOUR PERSONAL CREDIT. BY COMPLETING THIS APPLICATION AND SIGNING BELOW, YOU GIVE YOUR CONSENT
TO OUR OBTAINING SUCH INFORMATION.
Applicant's Signature DATE Joint Applicant's Signature (if Applicable) DATE
EQUIPMENT MAINTENANCE TERMS AND CONDITIONS AGREEMENT NO.
MI(O SYST MS 000392176
1. ACCEPTANCE
This order Is subject to acceptance only by an authorized representative of Exxon Office Systems Company ("EOSC") at Its home office. Notice of acceptance
Is hereby waived by Customer.
EOSC marketing and field engineering representatives are not authorized to make any modifications to this Instrument.
2. CHARGES
Maintenance and other charges are those In effect at the time this agreement was accepted by EOSC, or on the date of each renewal. Equipment maintenance
service during warranty period shall be provided at no charge to Customer.
3. TAXES
Customer shall pay all Federal, State and Local, use, property, excise or other taxes Imposed on or with respect to this agreement, except taxes levied on
EOSC's net Income.
4. PAYMENT
Payment Is due within thirty (30) days from the date of invoice.
S. DEFAULT
Should the Customer fail to make any payment due hereunder, or be or become insolvent or be a party to or acquiesce in any bankruptcy or receivership
proceeding or any similar action affecting the affairs or property of Customer EOSC may (1) refuse to continue to service the Equipment, or (II) furnish service only
on a time, travel and material basis, without prejudice to any other remedies EtOSC may have.
Customer agrees to pay attorney fees, court costs, disbursements and other reasonable expenses incurred in collecting any charges under this Agreement.
6. MAINTENANCE
EOSC shall, with respect to the Equipment described hereon, provide maintenance service to keep the Equipment In good operating condition, including re-
placement of parts which have been broken or worn through normal use. The maintenance service shall cover all Equipment supplied by EOSC and Installed by
EOSC at Customer's location including options and features. Maintenance services shall be provided hereunder only during EOSC's normal working hours, exclusive
of EOSC holidays. EOSC may, at Customer's request, render maintenance service outside Its normal working hours, subject to availability of personnel and at
EOSC's established rates then in effect. All replaced parts will become the property of EOSC.
7. MAINTENANCE SERVICE TERM
The maintenance term shall commence on "Installation Date", and shall be initially effective for a twelve (12) month period In addition to the ninety (90)
day Warranty period or the effective date stated on the face hereof. Thereafter, this Agreement shall be automatically renewed, at the rate then in effect, for
additional annual periods ("Renewal Terms") until terminated as herein provided. This Agreement may be terminated as of the last day of the Initial term or the
last day of any renewal term by either party upon thirty (30) days prior written notice to the other party.
S. EXCLUDED PARTS
The following parts, are excluded from coverage under this Agreement and If damaged, will be replaced at EOSC established list prices: equipment enclosures,
furniture, nonstandard cables, batteries, rubber Items, and supplies, including, but not limited to, pads, covers, ribbons, magnetic storage media, other consumable
Items.
9. EXCLUSIONS FROM COVERAGE
If repairs, adjustments, or other services are made necessary as a result of the carelessness, abuse or neglect of Customer or abnormal usage, or Customer's
breach of any provisions of this Agreement or perils such as fire, theft, water damage, vandalism, or to repairs made necessary by service performed by other than
EOSC service representatives, or by use of Incompatible supplies, or any other cause external to the Equipment, EOSC shall repair or adjust the Equipment, but
Customer shall pay for parts, labor, and travel at EOSC's then prevailing rates.
Customer further agrees not to employ or use additional attachments, features, or devices on the Equipment, or make changes or alterations in the Equipment
without the prior written consent of EOSC. In the event of employment of any such feature attachment or device on the Equipment or any part thereof, EOSC
shall not be liable for loss or damage to Customer resulting therefrom, and Customer shall be liable to EOSC for any such damage or repair cost incurred by EOSC
as a consequence thereof.
10. ACCESS
EOSC shall have full, safe and free access to the Equipment and shall have access to and use of any machines, attachments, features or other equipment neces-
sary to provide maintenance service. In the event that maintenance service is required to be performed after Customer's normal working hours, Customer shall
provide an agent or employee to accompany the EOSC service representative. Waiting time to gain access to the Equipment will be charged to Customer at EOSC's
then prevailing rates.
11. RELOCATION OF EQUIPMENT
Any relocation of the Equipment shall require EOSC's prior written consent which shall not be unreasonably withheld.
EOSC's technical assistance may be required to relocate certain Equipment from the location at which It Is installed. Customer shall pay a relocation charge at
EOSC's then prevailing rates for time, materials, and travel, and the maintenance charge will be subject to adjustment depending upon the new location.
Customer shall pay for packaging, freight and related expenses Incurred during relocation.
Any relocation of the Equipment not agreed to by EOSC shall entitle EOSC, at Its option, to terminate this Agreement.
12. MISCELLANEOUS
a) Customer shall not assign this Agreement or any Interest herein without the prior written permission of EOSC which shall not be unreasonably withheld.
EOSC may assign this Agreement and all of Its rights hereunder, free from all defenses, set offs, or counterclaims which Customer may be entitled to assert
against EOSC.
b) This Agreement shall Inure to the benefit of and be binding upon the successors and permitted assigns of the parties hereof.
c) The terms of this Agreement shall prevail notwithstanding any variance with the terms and conditions of any order or Instrument submitted by Customer.
d) EOSC warrants that parts and service will be available for a period of five years from the date of this order for the units maintained or purchased herein,
date the equipment quiceased to be in production.
w production.
ion.requipment not in new production, parts and service will be available for a period of five years from the
13. LIMITATION OF LIABILITY
CUSTOMER'S EXCLUSIVE REMEDY FOR ANY LOSSES OR DAMAGES TO THE EQUIPMENT CAUSED BY EOSC IN THE PERFORMANCE OF THIS
AGREEMENT, INCLUDING THE FURNISHING OF PARTS FOR WHICH HIESHALL EWILL
MAKE ALL
ADJUSTMENS OR PATREPLACEMENTS NECESSARY O RESTORE THE EQUIPMENT TO OPERATING CONDITION. EOSC WILL NOT BE
LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE EXCEPT THAT CAUSED BY EOSC NEGLIGENCE. EOSC SHALL NOT BE LIABLE FOR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR OTHER ECONOMIC LOSS.
14. FORCE MAJEURE
EOSC will not be liable for any failure to perform if inability to obtain raw materials, parts or supplies at reasonable prices or through usual and regular sources
or on a timely basis, interruption of transportation, government regulation, labor disputes, strikes, war, fire, flood, accident, or other cause beyond EOSC's control,
makes it impracticable for EOSC to perform.
15. ENTIRE AGREEMENT
This Agreement Is Intended as the complete and exclusive statement of the terms of the Agreement between the parties.
16. GOVERNING LAW
This Agreement shall be construed to be between merchants and shall be governed by the laws of the State of Connecticut.
A DIVISION OF EXXON ENTERPRISES, A DIVISION OF EXXON CORPORATION
EQUIPMENT MAINTENANCE TERMS AND CONDITIONS
1100 Rev. 3/4/82
THE STATE OF TEXAS
COUNTY OF LUBBOCK
CITY OF LUBBOCK
I, EVELYN GAFFGA, City Secretary -Treasurer for the
City of Lubbock, Texas hereby certify that the attached documents
are true and correct copies, to -wit:
EXHIBIT "A": Excerpts from the Minutes of the
Regular City Council Meeting reflecting
approval of Resoltuion 1260 whereby the
Mayor is authorized to execute Lease Agreements
with Exxon for word processing equipment,
on an as needed basis, said item being duly
recorded in the Minutes of the City Council
of November 11, 1982 in Minute Book No. 41A,
Page , Item ;
EXHIBIT "B": Resolution 1260, with attachments, authorizing.
Lease Agreements with Citicorp Industrial
Credit, Inc., for Exxon Office Systems, on an
as needed basis, being duly recorded in
Minute Book No. 41, Page , Item
of the Minutes of the City Council of November 11,
1982.
TO CERTIFY WHICH, witness my hand and seal
of the City of Lubbock, Texas this 30th day
of November, 1982.
VELYN G FGA
(Seal) City Secretary-TreVr
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