Agreement to Lease Equipment - Without Warranty


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									This is an agreement to lease equipment pursuant to the specific terms and conditions
as negotiated by the parties. This agreement contains indemnification, rent, and
disclaimer clauses, but does not have a warranty provision. This template document
contains both standard clauses and opportunities for the use of optional terms and
conditions making it fully customizable to fit the needs of the contracting parties. This
form is useful to individuals or businesses seeking to lease equipment without a

THIS AGREEMENT TO LEASE EQUIPMENT ("Lease Agreement") is made and effective
________ [Month] __ [Date], 20__ [Year], by and between ____________________________
[Instruction: Insert the name of Lessor], located at __________________________________________
[Instruction: Insert the address of the Lessor] ("Lessor") and _______________________________
[Instruction: Insert the name of Lessee], located at __________________________________
[Instruction: Insert the address of the Lessee] ("Lessee").

WHEREAS, the Lessor is the sole owner of that certain equipment describe in Exhibit A.

WHEREAS, the Lessee wishes to lease the equipment from the Lessor in accordance with the term of
this agreement.

WHEREAS, each party is duly authorized and capable of entering into this agreement.

NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the
parties hereto agree as follows:

1. Lease
The Lessor agrees to lease to the Lessee, and the Lessee agrees to lease and rent from the Lessor, the
equipment more fully described in Exhibit A, (the “Equipment”), on the terms and conditions of this

2. Term and Payment
See the attached Exhibit B.

3. Shipping
Lessee shall be responsible for shipping the Equipment to Lessee's premises.

4. Use
Lessee shall use the Equipment in a careful manner, shall make all necessary repairs at Lessee's expense,
and shall comply with all laws relating to its possession, use or maintenance, and shall not make any
alterations, additions, or improvements to the Equipment without Lessor's prior written consent. All
additions, repairs, or improvements made to the Equipment shall belong to Lessor.

5. Ownership
The Equipment is, and shall remain, the property of Lessor, and Lessee shall have no right, title, or
interest therein or thereto except as expressly set forth in this Lease. The Equipment shall remain personal
property even if installed in or attached to real property.

6. Surrender
Lessee acquires no ownership rights in the Equipment and has no option to purchase same. Upon the
expiration or termination this Lease Agreement, or in the event of a default pursuant to Paragraph 11
herein, Lessee, at its expense, shall return the Equipment in good condition and shall perform any
required repair work; however, it is understood and agreed that, ordinary wear and tear resulting from
proper use thereof alone is expected and expectable. Lessor shall deliver the Equipment, by delivering it,
packed and ready for shipment, to such place or carrier as Lessor may specify.

7. Loss and Damage

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Lessee shall bear the entire risk of loss, theft, damage, or destruction of the Equipment from any cause
whatsoever, and no loss, theft, damage, or destruction of the Equipment shall relieve Lessee of the
obligation to pay rent or to comply with any other obligation under this Lease.

In the event of loss or damage of any kind whatsoever to the Equipment, Lessee shall, at Lessor's option:

    a) Place the same in good repair, condition, and working order; or
    b) Replace the same with like equipment in good repair, condition, and working order; or
    c) Pay to Lessor the replacement cost of the Equipment.

8. Insurance
Lessee shall procure and continuously maintain and pay for:

     a. All risk insurance against loss of and damage to the Equipment for not less than the full
         replacement value of the Equipment, naming Lessor as loss payee.
 [Instruction & Comment: Please consult an attorney registered in State if equipment relates to
vehicle or medical.]

The insurance shall be in such form and with such company or companies as shall be reasonably
acceptable to Lessor, shall provide at least ___________ (___) [◊Thirty (30)] days [Comment: these
numbers are not provided by the law, but can be any number the user chooses] advance written
notice to Lessor of any cancellation, change, or modification, and shall provide primary coverage for the
protection of Lessee and Lessor without regard to any other coverage carried by Lessee or Lessor
protecting against similar risks. Lessee shall provide Lessor with an original policy or certificate
evidencing such insurance. Lessee hereby appoints Lessor as Lessee's attorney in fact with power and
authority to do all things, including, but not limited to, making claims, receiving payments and endorsing
documents, checks, or drafts necessary or advisable to secure payments due under any policy of insurance
required under this Agreement.

9. Taxes
Lessee shall keep the Equipment free and clear of all levies, liens, and encumbrances. Lessee, or Lessor at
Lessee's expense, shall report, pay, and discharge when due all license and registration fees, assessments,
sales, use and property taxes, gross receipts, taxes arising out of receipts from use or operation of the
Equipment, and other taxes, fees and governmental charges similar or dissimilar to the foregoing, together
with any penalties or interest thereon, imposed by any state, federal or local government or any agency, or
department thereof, upon the Equipment or the purchase, use, operation, or leasing of the Equipment or
otherwise in any manner with respect thereto and whether or not the same shall be assessed against or in
the name of Lessor or Lessee. However, Lessee shall not be required to pay or discharge any such tax or
assessment so long as it shall, in good faith and by appropriate legal proceedings, contest the validity
thereof in any reasonable manner which will not affect or endanger the title and interest of Lessor to the
Equipment; provided, Lessee shall reimburse Lessor for any damages or expenses resulting from such
failure to pay or discharge.

10. Indemnity
Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, suits,
proceedings, costs, expenses, damages, and liabilities, including reasonable attorney's fees and costs,
arising out of, connected with, or resulting from Lessee's possession or use of the Equipment, including
without limitation the manufacture, selection, delivery, possession, use, operation, or return of the
Equipment. Such indemnification shall survive the expiration, cancellation, or termination of this Lease.

11. Default.

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Lessee shall be in default of this Lease if:

    a) Lessee shall fail to make any payment due under the terms of this Lease for a period of
       ___________ (___) [◊Ten (10)] days [Comment: these numbers are not provided by the law,
       but can be any number the user chooses]from the due date thereof; or
    b) Lessee shall fail to observe, keep or perform any other provision of this Lease; or
    c) Lessee has made any misleading or false statement in connection with, application for, or
       performance of this Lease; or
    d) The Equipment or any part thereof shall be subject to any lien, levy, seizure, assignment, transfer,
       bulk transfer, encumbrance, application, attachment, execution, sublease, or sale without prior
       written consent of Lessor, or if Lessee shall actually or constructively abandon the Equipment or
       permit any other entity or person to use the Equipment without the prior written consent of
       Lessor; or
    e) Lessee dies or ceases to exist; or
    f) Any proceeding under the Bankruptcy Act, as amended, is commenced by or against the Lessee,
       or if the Lessee is adjudged insolvent, or if Lessee makes any assignment for the benefit of his
       creditors, or if a writ of attachment or execution is levied on the Equipment and is not released or
       satisfied within a period of ___________ (___) [◊Ten (10)] [Comment: these numbers are not
       provided by the law, but can be any number the user chooses] days thereafter, or if a receiver
       is appointed in any proceeding or action to which the Lessee is a party with authority to take
       possession or control of the Equipment.

12. Remedies
If Lessee is in default, Lessor, with or without notice to Lessee, shall have the right to exercise any one or
more of the following remedies, concurrently or separately and without any election of remedies being
deemed to have been made:

    a) To declare the entire amount of rent hereunder immediately due and payable without notice or
       demand to Lessee.
    b) To sue for and recover all rents, and other payments, then accrued or thereafter accruing.
    c) To take possession of the Equipment, without demand or notice, wherever the same may be
       located, without any court order or other process of law. Lessee hereby waives any and all
       damages occasioned by such taking of possession.
    d) To terminate this Lease.
    e) To pursue any other remedy at law or in equity.

13. Modification

The parties hereby agree that this document contains the entire agreement between the parties and this
Agreement shall not be modified, changed, altered, or amended in any way except through a written
amendment signed by all of the parties hereto.

14. Notice
Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or
served if sent by United States certified mail, return receipt requested, addressed as follows:

If to Lessor to:                                  _____________________________________



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If to Lessee to:                                 _____________________________________




Lessor and Lessee shall each have the right from time to time to change the place notice is to be given
under this paragraph by written notice thereof to the other party.

15. Additional Provisions

16. Validity
 If any provision of this agreement is held to be invalid, such invalidity shall not affect the validity or
enforceability of any other provision of this agreement.

17. Assignment
Lessee shall not assign this Lease or its interest in the Equipment without the prior written consent of

18. Headings
Headings used in this Lease are provided for convenience only and shall not be used to construe meaning
or intent.

19. Governing law
This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State
of California.

IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals as of the date
first here above written


                        [Lessor] Signature


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                        Name of Lessor


                         [Lessee] Signature


                        Name of Lessee

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                                             EXHIBIT A

                      [Instruction: Insert description of equipment to be leased]

                                   EQUIPMENT DESCRIPTION

S.No       Manufacturer               Model                    Quantity             Serial Number

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                                               EXHIBIT B

                                [Instruction: Insert Term and payment plan]

                                            Term and Payment

          Number of             Rental      Lease term            Payable        End of lease
                            amount +         in months                            provision
S.NO       payment                                        __________ Monthly
                                 taxes                    __________ Quarterly

                                                          __________ Others

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