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Home My WebLink Aboutb5c3405a-c968-4c76-b548-48fb9d2355d5 I I L AGREEMENT GREAIAMERICA FINANCIAL SERvICES CORPORATION 625 FIRST STREET SE,CEDAR RAPIDS IA 62401 �PmGreatAmericiatiir PO BOX 009,CEDAR RAPIDS IA 62406.0609 1•INIANCIAL BERVICES AGREEMENT NO.: C USTOMER� FULL Lf_GAL NAME City of Lake Elsinore ............. ......... 130 South Main St Lake Elsinorp,Ca.92532 ACT ON OUR BEHALF OR TO WAIVEOR ALTER ANY PROVISION OF THIS AGREEMIENT) Innovative Document Solutions Murrieta CA a,:PAYMENT:71ERMSJ� : TYPE MAKE.MODEL NUMBER,SERIAL NUMBER,AND INCLUDED ACCESSORIES ❑ SEE ATTACHED SCHEDULE I Canon OX C6860 Copier System 3, -sig- .............. ......... .......................... EQUIPMENT LOCATION!As Stated Above ('PLUS TAX) TFRM IN MONTHS:—60 MONTHLY PAYMENT AMOUNT': $4-37,00 PURCHASE OPTION-: Fair Market Value SECURITY DEPOSIT: ADE)ITIONALIERMS��'AND'CON61,T,,.IONS 7777771 AGREEMENT,You want us to now pay your Vendor for the equipment and/or software referenced herein INSURANCE.You agree to maintain commercial general liability insurance acceptable(a us You also agree (Equipment)and the amounts your Vendor included on the invoice to us to,the Equipment for related to:1)keep Itur Equipment fully insured against loss at its replacement cost,with its named as loss payee.and installation,training,and/or implementation costs,and you unconditionally agree to pay us the amounts 2)provide proof of Insurance satisfactory to us no later than 30 days followng the commencement at this payable under the terms of this agreement('Agreement')each period by the due date This Agreement vinill Agreement,and thereafter upon our written request.1(you(Sit to malri property truss insurance satisfactory begin on the dale The Equipment is delivered to you or any later dale we designate We may charge you a to us and/or YOL fail to timely provide prow!of such insurance,we have lie option,but riot the obligation,to one-lime origination fee of S89 50.If any amount payable Ict us is past due,you will pay a late charge equal secure property loss insurance on the Equipment from a carder or our choosing in such forms and amounts as to: 1)the greater of[an(10)cents for each dollar overdue or twenty-six dollars($76.00):a,2)the highest wo deem reasonable to protect our interests 11 we secure insurance on the Equipment.we will not name you lawful charge.i(loss Any security deposit will be returned upon full performance. as an insured party,your interests may not be fully protected,and you will reimburse US the premium which NET AGREEMENT.THIS AGREEMENT IS NON-CANCELABLE FOR THE ENTIRE AGREEMENT TERM. may be Nigher than the prientrion you would pay it you obtained insurance,and which may resuft in a profit to YOU UNDERSTAND WE ARE PAYING FOR THE EQUIPMENT BASED ON YOUR UNCONDITIONAL us through an Investment in reinsurance.It you are current in all of your obligations under the Agreement at ACCEPTANCE OF IT AND YOUR PROMISE TO PAY US UNDER THE TERMS OF THIS AGREEMENT, the lime of toss,any insurance proceeds received wit be applied.at out oplicrn,to repair of replace the WITHOUT SET-OFFS FOR ANY REASON,EVEN IF THE EQUIPMENT DOES NOT WORK OR IS Equipment or to pay us the remaining payments due or to become due under this Agreement.plus our DAMAGED,EVEN IF IT 18 NOT YOUR FAULT. cooked residual both discounted at 3%per annum. EQUIPMENT USE.You will keep the Fquipmenl In good working order.use it for business purposes only, TAXES We own the Equipment.You will pay when due,either directly at by reimbursing us,all taxes and and not modify or move it from Its Initial location w thout our consent You must resolve any dispute you may fees relating in the Equipment and this Agreement.Sales or use tax due upfront will be payable over the have concerning the Equipment with the manufacturer or Vendor.Payments under this Agreement tray eimwilh a finance charge. include amounts you owe your Vendor under a separate arrangement(for maintenance.service,supplies. END OF TERM.At the end of the term of this Agreement(or any renewal term)line'End Dole'),this etc I,which amounts may be invoiced by us on your Vendor's behalf for your convenience Agreement will renew month to month unless a)you provide us writen notice,at least 30 days prior to the SOFTWAREIDATA.Except as provided in!his paragraph,references to'Equipment'include any software End Date,of your Intent to return the Equipment,and b)you timely(olufn the Equipment to the location referenced above or Installed on the Equipment We do not own the software and cannot transfer any interest designated by us,at your expense.11 a Purchase Option Is indicated above and you we not in default on in it to you We are not responsible for the solneate or the obligations of you or the licensor wader any license the End Dole,you may purchase the Equipment from its'AS IS'for the Purchase Option ptice.If the agreement.You are solely responsible for protecting and removing any confidential clatalimages stated on returned Equipment is not Immediately available for use by another without need of repair,you will the Equipment prior to its return for any reason. reimburse us for all repair costs.You cannot pay off this Agreement at return the Equipment prio,to the NO WARRANTY.WE MAKE NO WARRANTIES,EXPRESS OR IMPLIED,INCLUDING WARRANTIES OF End Dale without our consent If we consent,we may charge you,in addition to other amounts owed,an MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HAVE ACCEPTED THE early termination fee equal to 5%of the amount we paid for the Equipment. EQUIPMENT "Alit-IS". YOU CHOSE THE EQUIPMENT, THE VENDOR AND ANY/ALL SERVICE DEFAULTIREMEDIES.If a payment becomes 10-days past due,or If you otherwise breach this Agreement, PROVIDER(S)BASED ON YOUR JUDGMENT.YOU MAY CONTACT YOUR VENDOR FOR A STATEMENT you will be In default,and we may require that you return the Equipment to us at your expense and pay us:1) OF THE WARRANTIES,IF ANY,THAT THE MANUFACTURER OR VENDOR IS PROVIDING.WE ASSIGN all past due amounts and 2)all remaining payments for the unexpired term.plus our booked residual, TO YOU ANY WARRANTIES GIVEN TO US. discounted at 3%per annum,and we may disable or repossess the Equipment and use an other legal ASSIGNMENT.You may not sell,assign or sublease the Equipment or this Agreement wilhoul our written remedies available to us You agree to pay all costs and expenses(including reasonable attorney fees)we consent We may sell or assign this Agreement or our lights in the Equipment,in whole or in pad.to a third incur any dispute with you related to this Agreement You agree to pay us 1.6%interest per month on all pony without rolice to you You agree that If we do so,the assignee will have our rights but will not be subject past due amounts. to any claim,defense,or set-off assertable against us or anyone else. UCC. You agree that this Agreement is(andlor shall be treated as)a'Finance Lease'as that term is LAWIFORUM.This Agreement and any claim related to this Agreement will be governed by Iowa law.Any defined to Article 2A of the Uniform Commensal Code(UCC'). You agree to forgo The rights and dispute will be adjudicated in a Vale or federal court located in Linn County.Iowa You consent to personal remedies provided under sections 507-522 of Article 2A of the UCC, junsolchon and venue vritich courts and waive transfer of venue.Each party waives any fight to a jury trial. MISCELLANEOUS, This Agreement is the entire agreement between you and us relating in the LOSS OR DAMAGE.You are responsible for any damage to or loss of the Equipment No such loss or Fqulpmert and supersedes any prior representations or agreements,including any purchase orders. damage will relieve you from your payment obligations hereunder.We are not responsible for and you will Amounts payable under this Agreement may include a profit to us.The parties agree that the original indemnify us against,any claims.losses or damages,Including attorney Ices,in any way(elating to the hereof for enforcement and perfection purposes.and the sole'record'constituting'chattel paper'tinder Equipment or data stated on it.In no event will we be liable for any consequential of indirect damages the UCC,is the paper copy hereof bearing(1)the original or a copy of either your manual signature of an electronically applied Indication of your intent to enter Into this Agreement,and(it)our original manual sil nature An chin.e roust D.In will 11 sl tad bVeach -(I :APPLICABLE TO OVERNMENTALENTITIES ONLY You hereby represent and warrant to us that as of(he dale at the Agreement(a)the Individual who executed the Agreement—had full—power and auftrity to execute the Agreement on your behalf;(b)all required procedures necessary to make the Agreement a legal and binding obligation against you have been followed;(c)the Filuipment will be operated and controlled by you and will be used for essential government purposes for the entire term of the Agreement;(d)that all payments rive and payable for the current fiscal year are within the current budget and are within an available,unexhausled,and unencumbered appropriation: (e)you intend to pay all amounts payable under the terms of the Agreement when due,it funds are legally available to do so;(1)your obligalions!o remit amounts under the Agreement constitute acurreird expense and not a debt under applicable state law:(g)no provision of the Agreement constitutes a pledge of your tax or general revenues:and(h)you will comply with any applicable information reporting requirements of the tax code,which may Include 8038.G or B038-GC Information Returns If funds are not appropriated to pay amounts due under the Agreement for any future fiscal period,you shall have the fight to return the Equipment and terminate the Agreement on the last day of the fiscal period for which lands were available.without penalty or additional expense to you(other than the expense of returning the Equipment to the locallon aesignaled by us),provided that at least thirty(30)days prior to the start of the fiscal period for which lunds wet nor appropriated,your Chief Executive Officer(of Legal Counsel)delivers to us a ceffificare(aropinlon)clarifying that (a)you are a slate or a fully constituted political subdivision or agency of the slate in which you are located;(b)funds have not been appropriated for the applicable fiscal period to pay amounts due under the Agreement:(c)such non-appropriation did not result from any act or failure to act by you.and(d)you have exhausted all funds legally available for the payment of amounts due under the Agreement, You agree that f,andtilthearIcAll-thi SlWo lavr reclWes Ato-ft—Alligmird_d1ho CUSTOMER'S AUTHORIZED SIGNATURE THIS AGREEMENT IS NON-CANCELABLE FOR THE FULL AGREEMENT TERM.THIS AGREEMENT 15 BINDING WHEN WE EXECUTE THIS AGREEMENT AND PAY FOR THE EOUIIPMENT, OWNERGreatAmerica Financial Services Corporation CUSTOMER As Stated Mo;e) ZZ �11("NATU DATE R, PRINT NAME )'ill PRINT NAME 14-4- NOW$ ACCEPTANCE The Customer hereby certifies that all the Equipment:1)has been received,installed,and inspected,and 2)is fully operational and unconditionally accepted SIONATURr!X NAME AND TITLE:ILE. DATE 001967-ZG01lM(TI_)_O51O 11/28117 220