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Comprehensive Form of Personal Property Lease with Provision Regarding Investment Tax Credit
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Comprehensive Form of Personal Property Lease with Provision Regarding Investment Tax Credit Powered By Docstoc
					                   Comprehensive Form of Personal Property Lease with
                       Provision Regarding Investment Tax Credit

         This Lease Agreement is made this the (date), between (Name of Lessor), a corporation
organized and existing under the laws of the state of (name of state), with its principal office
located at (street address, city, state, zip code), referred to herein as Lessor, and (Name of
Lessee), a corporation organized and existing under the laws of the state of (name of state),
with its principal office located at (street address, city, state, zip code), referred to herein as
Lessee.

I.     Lease of Property
       Lessor leases to Lessee, and Lessee leases from Lessor, the personal property
described in Exhibit A and attached hereto, hereinafter called the Property, and the value of
which is also specified in Exhibit A made a part of this Agreement.

II.     Term of Lease
        The term of this Lease shall begin on (date) and end on (date).

III.    Rent
        Lessee agrees to pay Lessor, as rent for the property the sum of $_____________, per
(e.g., month), such rental to be paid on or before the first day of each month. Rent unpaid when
due shall bear interest at the rate of ______% per year.

IV.     Security Deposit
        On the execution of this Agreement, Lessee shall deposit $____________ with Lessor
as security for the faithful performance by Lessee of its obligations under this Agreement. Such
amount shall not bear any interest. The security deposit may be applied by Lessor to pay any
indebtedness of Lessee under this Agreement by giving written notice to Lessee. On such
notification, Lessee, within (number) days, shall restore the security deposit to the full original
amount. Any portion of the deposit that has not been so applied by Lessor shall be returned to
Lessee at the termination of this Lease.

V.      Ownership of Property
        Lessor warrants that the Property leased under this Agreement is Lessor's sole and
exclusive property. Lessee shall have no right or interest in such Property except as expressly
set forth in this Agreement.

VI.    Location of Property
       The Property leased under this Agreement shall be kept at (street address, city, state,
zip code). It shall not be removed from that location without the prior written consent of Lessor,
which consent shall not be withheld unreasonably.

VII.    Identification Marks on Property
        The Property leased under this Agreement shall be identified or marked by Lessor with
appropriate labels, plates, or other markings stating that the Property is owned by Lessor and
identifying the Property with specific numbers. Lessee, without Lessor's prior consent, shall not
remove any such identifying markings.

VIII. Lessor’s Right to Inspect
      Lessor shall have the right at any time during normal business hours to enter on the
premises where the Property is located for the purpose of inspecting it or observing its use,
maintenance, and operation.

IX.    Lessee’s Inspection and Acceptance
       Lessee acknowledges that it has inspected the Property delivered pursuant to this
Lease, that said Property are in good condition, and that Lessee has accepted such Property in
good condition.

X.    Return of Property
      On the expiration or termination of this Lease, Lessee agrees to return to Lessor at
Lessee's own expense the Property leased, in as good a condition as it was when delivered to
Lessee, ordinary wear and tear resulting from proper use alone excepted, and free from all liens
and encumbrances, to (street address, city, state, zip code) or to such other place as Lessor
may designate, provided that such designated place does not increase the cost of return.

XI.     Status of Property as Personalty
        The Property leased under this Agreement is, and will at all times remain, personal
property, notwithstanding that such Property or any part may now be, or may become, attached
to, or permanently rest on, real property.

XII.    Warranties
        Lessor does not make any warranties, express or implied, nor shall any warranties arise
by operation of law, as to the Property leased, including fitness for any particular use,
merchantability, design, capacity, or performance. Warranties made by the seller or
manufacturer of the Property are assigned by Lessor to Lessee. In the event of any claim
concerning the location, installation, repair, or use of the Property or any other claim concerning
the Property, regardless of cause or consequence, Lessee's only remedy, if any, shall be
against the seller or manufacturer of the Property. No defect, regardless of the cause or
consequence, shall relieve Lessee from performing its obligations under this Agreement,
including the payment of rentals.

XIII.   Use, Care, and Operation of Property
        Lessee shall use the Property in a careful and proper manner, and shall comply with all
laws and regulations prescribed by governmental authority and with the seller's or
manufacturer's instructions relating to the possession, use, maintenance, repair, and operation
of the Property. The cost of maintenance and repair shall be the sole responsibility of Lessee
without right of reimbursement from Lessor. Lessee shall keep a log book showing, at a
minimum, the type of maintenance, repair, or replacement work performed, the date, the cost,
and the person or entity performing the work. All replacement parts, additions, and accessories
to any of the Property shall become a part of the Property, and shall likewise be the Property of
Lessor. Lessee shall provide for the registration and licensing of any Property leased, whenever
required. Lessee shall permit the Property to be used only by competent and qualified
personnel.

XIV.    Loss or Damage
        A.     Lessee assumes all risks of loss of or damage to the Property from any cause.
        No loss of or damage to the Property shall impair any obligation of Lessee under this
        Lease, including the payment of rentals, and all such obligations shall continue in full
        force and effect until otherwise discharged.

        B.     In the event of loss of or damage to the Property, the following shall apply:
               1.      If, in Lessor's judgment, if all or a portion of the Property is properly and
               permanently lost or damaged beyond repair so as to be unusable for the purpose
               for which the Property is intended, and if Lessor is indemnified to the extent of
               the agreed insurable value specified in the Exhibit B attached hereto for that
               particular item of property, the Lease shall terminate with respect to such
               Property. If the Property is not insured, or the insurance is not collectible, or the
               Property is lost or destroyed by a peril not insured against, then, at the option of
               Lessor, Lessee shall either replace the Property with like property in good
               condition, which property shall become the Property of Lessor and subject to this
               Lease, or pay Lessor the agreed on insurance valuation of the Property as
               specified in Exhibit B, and on payment, Lessee shall become the owner of such
               Property, and the Lease with respect to such Property shall be terminated.

               2.      In the event the loss or damage to any of the Property is capable of being
               replaced or repaired, and if Lessor shall be indemnified in an amount less than
               the agreed on insurance valuation specified in Exhibit B, Lessor shall have the
               option of repairing or replacing the Property at Lessee's cost, and the proceeds
               of any insurance recovered, including the portion applicable to Lessor's interest,
               shall be applied in paying for the costs of repair or replacement. If no insurance is
               maintained by lessee, or if such insurance is uncollectible, or if the damage or
               loss is caused by a peril not insured against, lessee shall be responsible for the
               costs of repair or replacement. This lease shall continue uninterrupted after such
               loss or destruction until the lease is otherwise terminated.

        C.     Lessee shall notify Lessor in writing within (number) days of the occurrence of
        any loss or damage to the Property, and shall cooperate fully with Lessor and the
        insurance company in the investigation and processing of all claims, and in the recovery
        of damages from third persons who are or might be liable.

XV.    Personal Injuries or Death
       Liability and responsibility for personal injuries or death of any person in connection with
the use, operation, or transportation of the Property shall be borne by Lessee, and Lessee shall
indemnify Lessor against all such liability.

XVI.   Alterations
       Lessee shall not make any alterations, additions, or improvements to the Property
leased without the prior written consent of Lessor. All such additions and improvements shall
immediately become the property of Lessor and subject to the terms of this Lease.

XVII.  Insurance
       Lessee shall obtain and maintain at all times during the term of this Lease, at Lessee's
sole expense, the following insurance coverages:

        A.    Fire, flood, vandalism, malicious mischief, burglary, and theft insurance in an
        amount not less than the agreed on insurance valuation as specified in the attached
        schedule.

        B.    Bodily injuries insurance of not less than $____________ per person and
        $____________ per accident.

        C.     Third party property damage insurance in an amount of not less than
       $____________.

       D.     Lessee shall cause Lessor to be named as an additional insured, to the extent of
       Lessor's interest in the Property. Such insurance shall be indorsed to constitute primary
       insurance with respect to any other insurance that Lessor may have covering such
       Property. If Lessee fails to pay the premiums of the insurance policies when due, Lessor
       may, but is under no obligation to, pay the premiums. Lessee shall within (number) days
       from notice that Lessor has paid the premiums, reimburse Lessor for such payment. If
       Lessee fails to reimburse Lessor for such premiums within the period provided, the
       amount of unreimbursed premiums shall bear interest at ______% per year.

XVIII. Taxes and Fees
        Lessee shall pay all taxes, assessments, licenses, and registration fees that may now or
later be imposed on the ownership, leasing, possession, or use of the Property. Lessee shall
furnish Lessor satisfactory proof that such payment has been made before such taxes,
assessments, license and registration fees become delinquent. If Lessee fails to pay the
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Description: Real property is land and anything permanently attached to it like buildings or trees. Personal property generally includes everything else. Personal property includes rights that are intangible, such as accounts receivable or intellectual property such as a patent or trademark. It also includes movable property. Movable property includes things you can touch, such as furniture, car, and a computer. A tax credit is a sum deducted from the total amount a taxpayer owes to the state. A tax credit may be granted for various types of taxes, such as an income tax, property tax, or Value Added Tax. It may be granted in recognition of taxes already paid, as a subsidy, or to encourage investment or other behaviors. In some systems tax credits are refundable to the extent they exceed the relevant tax. Tax systems may grant tax credits to businesses or individuals, and such grants vary by type of credit.
PARTNER William Glover
I received my B.B.A. from the University of Mississippi in 1973 and my J.D. from the University of Mississippi School of Law in 1976. I joined the firm of Wells Marble & Hurst in May 1976 as an Associate and became a Partner in 1979. While at Wells, I supervised all major real estate commercial loan transactions as well as major employment law cases. My practice also involved estate administration and general commercial law. I joined the faculty of Belhaven College, in Jackson, MS, in 1996 as Assistant Professor of Business Administration and College Attorney. While at Belhaven I taught Business Law and Business Ethics in the BBA and MBA programs; Judicial Process and Constitutional Law History for Political Science Department); and Sports Law for the Department of Sports Administration. I am now on the staff of US Legal Forms, Inc., and drafts forms, legal digests, and legal summaries. I am a LTC and was Staff Judge Advocate for the Mississippi State Guard from 2004-2008. I now serve as the Commanding Officer of the 220th MP BN at Camp McCain near Grenada, MS. I served on active duty during Hurricanes Dennis (July, 2005), Katrina (August, 2005) and Gustav in 2008. I played football at the University of Mississippi in 1969-1971 under Coach John Vaught. I am the author of the Sports Law Book (For Coaches and Administrators) and the Sports Law Handbook for Coaches and Administrators (with Legal Forms),