Computer Lease Agreement

Document Sample
Computer Lease Agreement Powered By Docstoc
					Computer Lease Agreement



                          This Computer Lease Agreement is made between a Lessor
                          and the Lessee wherein the Lessee leases from the Lessor a
                          computer system and related equipment on certain terms and
                          conditions.




                      ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR
                      IMPLIED WARRANTY, INCLUDING AS TO LEGAL EFFECT OR COMPLETENESS. They are
                      for guidance and should be modified by you or your attorney to meet your specific needs and the
                      laws of your state. Use at your own risk. Docstoc, its employees or contractors who wrote or
                      modified any form, are NOT providing legal or any other kind of advice and are not creating or
                      entering into an Attorney-Client relationship. The information and forms are not a substitute for
                      the    advice     of     your       own       attorney. Subject to our   Terms      of   Service
                      (http://www.docstoc.com/popterm.aspx?page_id=15). See back cover page and read more here
© Copyright 2010      (http://www.docstoc.com/popterm.aspx?page_id114) for additional disclaimers and more.
                   Docstoc Inc. registered document proprietary, copy not                         1
                      This document is not approved, endorsed by, or affiliated with any State, or governmental or
                      licensing entity.
                      Entire document © Docstoc, Inc., 2010, 2011
                           COMPUTER LEASE AGREEMENT

        THIS COMPUTER LEASE AGREEMENT (the “Lease”), made this ______ day of
_________________, 2_____, by and between __________________ (the “Lessor”) and
_______________ (the “Lessee”).

          WHEREAS, the Lessee is desirous to lease from the Lessor a computer system and
related accessories and attachments more particularly described on Schedule “A” annexed hereto
(the “Computer and Equipment”);

          AND WHEREAS, the Lessor is desirous to lease to the Lessee the computer system
and related accessories and attachments described on Schedule “A” annexed hereto, pursuant to
the terms and conditions contained herein.

         NOW THEREFORE in consideration of the mutual promises and agreements contained
in this agreement, and other good and valuable consideration, the parties agree as follows:

1.00       LEASE

1.01       The Lessor hereby agrees to lease to the Lessee the Computer and Equipment more
           particularly described on Schedule “A” annexed hereto.

1.02       The Lessor and the Lessee hereby agree that the terms and conditions of this Lease
           shall be in effect until the Computer and Equipment are delivered to the Lessee by the
           Lessor.


2.00       TERM

2.01     The term of this Lease shall commence on the _____ day of ____________, 2_____ and
         shall continue for a period of ________ (___) months (the “Term”) ending on the ____
         day of ____________, 2_____ (the “Termination Date”).

2.02     Prior to the Termination Date, the Lessee may extend the Term of this Lease for an
          Additional ________ (___) month period, upon the Lessee providing ______ (___)
         advance day’s written notice to the Lessor of the Lessee’s desire to extend the Term.

2.03     In the event the Lessee does not extend the Term of this Lease, the Lessee shall return to
         the Lessor at the Lessor’s principal place of business, the Computer and Equipment. The
         Computer and Equipment shall be returned to the Lessor in good working order and state
         of repair.

2.04     In the event the Lessor or the Lessee wish to terminate this Lease for any reason
         whatsoever prior to the Termination Date, the party wishing to terminate this Lease shall
         provide _______ (___) days’ advance written notice to the other party.


© Copyright 2011 Docstoc Inc. registered document proprietary, copy not                2
2.05     The Lessor and the Lessee hereby agree that termination of this Lease shall occur
         automatically under the following any of the following circumstances:

         (i)      the Lessee fails to pay the Fees to the Lessor; or

         (ii)     the Lessee breaches any of the material terms and conditions of this Lease.

3.00       CARE OF COMPUTER AND EQUIPMENT

3.01     The Lessee hereby agrees that it shall exercise all due and reasonable care in the
         operation and handling of the Computer and Equipment and further agrees that it shall
         service the Computer and Equipment at regular intervals.

3.02     The Lessee acknowledges that use of the Computer and Equipment by the Lessee will
         encounter reasonable wear and tear and depreciation in the value of the Computer and
         Equipment.

3.03     The Lessee agrees that it shall be solely responsible and liable for any damage or repairs
         to be done to the Computer and Equipment which are not deemed reasonable wear and
         tear by the Lessor. The Lessee hereby further agrees that the Lessor will not accept any
         costs of damages or repairs to the Computer and Equipment where:

         (i)      the Lessee is negligent in its use or misuse which causes damage to the Computer
                  and Equipment;

         (ii)     the damage to the Computer and Equipment is intentional; and


         (iii)    the damage, depreciation or wear and tear is outside the terms of this Lease.


3.04       In the event the Computer and Equipment is lost or stolen, the Lessee hereby agrees
that it shall notify the Lessor immediately.

4.00       LEASE FEES

4.01     The Lessee agrees that it shall pay to the Lessor the sum of _____________ ($_______)
         Dollars (the “Fee”) for the lease of the Computer and Equipment.

4.02     The Lessee shall pay the Fees to the Lessor on the ____ day of each and every month
         until the Termination Date. The Lessee shall pay the first instalment of Fees due and
         owing to the Lessor upon the Lessee receiving the Computer and Equipment from the
         Lessor.




© Copyright 2011 Docstoc Inc. registered document proprietary, copy not                   3
4.03        Interest shall be due and payable by the Lessee in the event the Lessee fails to make
            payment of the Fees to the Lessor contemplated in Article 4.02 hereof. Interest shall
            accrue at the rate of _______ (___%) per month. Any charges for taxes, penalties or
            interest shall be paid promptly by the Lessee to the Lessor when invoiced by the
            Lessor.

5.00        INSTALLATION OF COMPUTER AND EQUIPMENT

5.01        Lessee agrees that it will provide the required suitable electric current to operate the
            Computer and Equipment and/or suitable place of installation for the Computer and
            Equipment with all appropriate facilities as specified by the manufacturer.

5.02        The Lessee agrees that it shall at all times keep the Computer and Equipment in its
            sole possession and control.

5.02        The Lessee is permitted to make alterations and amendments to the Computer and
            Equipment upon the Lessee obtaining the prior written consent of the Lessor to do so.
            Unless the Lessor shall otherwise agree in writing, all such alterations and
            amendments shall be and become the property of the Lessor or, at the option of the
            Lessee, shall be removed by the Lessee and the Computer and Equipment restored at
            Lessee's expense to its original condition, reasonable wear and tear only excepted.

6.00        SERVICE OF COMPUTER AND EQUIPMENT

6.01        The Lessee hereby agrees that it shall throughout the Term of this Lease and at its sole
            cost and expense, keep the Computer and Equipment in good working order and
            condition and shall make all necessary repairs and replacements thereto.

6.02        The Lessee hereby agrees that the Computer and Equipment shall not at any time be
            used by the Lessee for any unlawful purpose.

6.03        The Lessee hereby agrees that it shall at all times throughout the Term of the Lease,
            comply with any and all governmental laws of the governing jurisdiction in respect of
            the use and operation of the Computer and Equipment.

7.00        OWNERSHIP OF COMPUTER AND EQUIPMENT

7.01        The Lessee acknowledges and agrees that the Computer and Equipment shall at all
            times remain the sole property of the Lessor.




© Copyright 2011 Docstoc Inc. registered document proprietary, copy not                 4
7.02        The Lessee agrees that the Lessor shall inspect the Computer and Equipment upon
            _________ (___) days’ prior written notice by the Lessor of its intention to inspect the
            Computer and Equipment.

7.03        The Lessee agrees that it shall keep the Computer and Equipment free and clear of all
            liens and encumbrances of any kind whatsoever and further agrees that it shall not
            assign any of its rights contained in this Lease to any other party without the prior
            written consent of the Lessor.

8.00        WARRANTIES

8.01        EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, THERE ARE
            NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EXPRESS OR
            IMPLIED, WITH RESPECT TO THE CONDITION OR PERFORMANCE OF THE
            COMPUTER OR EQUIPMENT, ITS MERCHANTABILITY OR FITNESS FOR A
            PARTICULAR PURPOSE, OR WITH RESPECT TO PATENT INFRINGEMENT
            OR THE LIKE. LESSOR SHALL HAVE NO LIABILITY TO LESSEE FOR ANY
            CLAIM, LOSS OR DAMAGE OF ANY KIND OR NATURE WHATSOEVER, NOR
            SHALL THERE BE ANY ABATEMENT OF RENTAL, ARISING OUT OF OR IN
            CONNECTION WITH THE DEFICIENCY OR INADEQUACY OF THE
            COMPUTER OR EQUIPMENT FOR ANY PURPOSE, WHETHER OR NOT
            KNOWN OR DISCLOSED TO LESSOR, ANY DEFICIENCY OR DEFECT IN THE
            COMPUTER OR EQUIPMENT, THE USE OR PERFORMANCE OF THE
            COMPUTER OR EQUIPMENT, ANY INTERRUPTION OR LOSS OF SERVICE
            OR USE OF THE COMPUTER OR EQUIPMENT, OR ANY LOSS OF BUSINESS
            OR OTHER CONSEQUENTIAL LOSS OR DAMAGE WHETHER OR NOT
            RESULTING FROM ANY OF THE FOREGOING. LESSEE WILL DEFEND,
            INDEMNIFY AND HOLD LESSOR HARMLESS AGAINST ANY AND ALL
            CLAIMS, DEMANDS AND LIABILITIES ARISING OUT OF OR IN
            CONNECTION WITH THE DESIGN, MANUFACTURE, POSSESSION OR
            OPERATION OF THE COMPUTER OR EQUIPMENT.

9.00        INDEMNIFICATION

9.01        The Lessee hereby agrees to assume liability for, and does hereby agree to indemnify,
            protect, save and keep harmless Lessor and its respective successors, assigns, legal
            representatives, agents and servants, from and against, any and all liabilities,
            obligations, losses, damages, penalties, claims, actions, suits, costs, expenses or
            disbursements (including legal fees and expenses) of any kind and nature whatsoever
            which may be imposed on, incurred by or asserted against Lessor or any of its
            respective successors, assigns, legal representatives, agents and servants (whether or
            not also indemnified against by the manufacturer(s) of the Computer and Equipment
            or any other person), in any way relating to or arising out of this Lease or any
            document contemplated hereby, or the performance or enforcement of any of the terms
            hereof, or in any way relating to or arising out of the manufacture, purchase,



© Copyright 2011 Docstoc Inc. registered document proprietary, copy not                 5
            acceptance, rejection, return lease, ownership, possession, use, condition, operation,
            sale or other disposition of the Computer or Equipment or any accident in connection
            therewith (including, without limitation, latent or other defects, whether or not
            discoverable); provided, however, that Lessee shall not be required to indemnify the
            Lessor or its respective successors, assigns, legal representatives, agents and servants,
            for loss or liability in respect of the Computer and Equipment arising from acts or
            events which occur after possession of the Computer and Equipment has been returned
            to Lessor or loss or liability resulting from the willful misconduct or gross negligence
            of the party otherwise to be indemnified hereunder. The Lessee agrees that the Lessor
            shall not be liable to the Lessee for any liability, claim, loss, damage or expense of any
            kind or nature arising in strict liability or caused directly or indirectly by the
            inadequacy of the Computer and Equipment for any purpose or any deficiency or
            defect therein or the use or maintenance thereof or any repairs, servicing or
            adjustments thereto or any delay in providing or failure to provide any thereof or any
            interruption or loss of service or use thereof or any loss of business.

10.00      GENERAL PROVISIONS

10.01       The division of this Lease into Articles, sections, subsections, paragraph and
            subparagraphs and the insertion of headings are for the convenience of reference only
            and shall not affect the construction or interpretation hereof.

10.02 Any notice or other document authorized or required to be sent hereunder shall be in
      writing and shall be sent as follows:


              To the Lessor at: _________________
              Fax : (______) __________


              To the Lessee at:___________________
              Fax : (____) ______________



         or at such other address as the Lessor or Lessee may direct.




© Copyright 2011 Docstoc Inc. registered document proprietary, copy not                   6
10.03       Any dispute concerning the validity, meaning or effect of this Lease or default
            contemplated herein shall be settled in final terms under the Rules of Arbitration of the
            governing jurisdiction by a single arbitrator appointed in accordance with such rules,
            and the place of arbitration shall be the City of ______________.

10.04       This Lease shall be binding upon and enure to the benefit of the parties hereto and
            their respective executors, administrators, successors and assigns.

10.05       Neither the Lessor or Lessee shall make any amendment to this Lease without the
            prior written consent of the other party.

10.06       This Lease shall be governed by and interpreted always in accordance with the laws of
            the State of _________________.


             IN WITNESS WHEREOF, the parties have executed this Lease as of the day and
year first written above.




                                                              Per:



                                                              Name:
                                                              Title:
                                                              I have authority to bind the Company.


                                                              Per:



                                                              Name:
                                                              Title:
                                                              I have authority to bind the Company.

or if Lessee is an individual



Witness:                                                      Lessee




© Copyright 2011 Docstoc Inc. registered document proprietary, copy not                          7
                                                 SCHEDULE “A”

                        COMPUTER AND EQUIPMENT SPECIFICATIONS




© Copyright 2011 Docstoc Inc. registered document proprietary, copy not   8

				
DOCUMENT INFO
Description: This Computer Lease Agreement is made between a Lessor and the Lessee wherein the Lessee leases from the Lessor a computer system and related equipment on certain terms and conditions.
HPDocuments HPDocuments http://
About