Mobile PD_Modular_Agreement_.pdfPage 1 of 6Quote # Q-426392
2/27/2024 1:37:14 PM
a Division of McGrath Rentcorp
Corporate Address:
5700 Las Positas Road
Livermore, CA 94551
www.mgrc.com
Lease Quotation and Agreement
Quote # Q-426392
Date of Quote 02/16/2024
Quote Expiration Date:
Lease Term: 24 Months
Estimate Del Date: 01/24/2024
Lessee PO#:
Lessee Name and Billing Address Site Information Lessor Name
City of Gilroy (“Lessee”)
,
Walter Dunckel
Phone #: 408 846 0282
Walter Dunckel
1599 Southside Drive
Gilroy, CA 95020
Cell: 408 846 0282
Mobile Modular Management Corporation
a Division of McGrath RentCorp ("Lessor")
Questions?
Contact: Alex Sufi
alex.sufi@mobilemodular.com
Direct Phone: 1 (510) 690-7350
Equipment and Accessories Qty Monthly Rent Extended Rent Taxable
Office, 24x60 HCD (Item1274) (4 Offices.Size
excludes 3' towbar.Vinyl wrap panel interior.) 1 $1,553.00 $1,553.00 Y
Steps, Adjustable 1 $41.00 $41.00 Y
Filter Replacement Program 2 $27.00 $54.00 Y
RNT, Ramp 1 $375.00 $375.00 Y
Equipment and Accessories Monthly Subtotal: $2,023.00
Charges Upon Delivery Qty Charge Each Total One Time Taxable
Office, 24x60 HCD (Item1274) (4 Offices.Size
excludes 3' towbar.Vinyl wrap panel interior.)
Delivery 2 $961.00 $1,922.00 N
Delivery Pilot 2 $488.00 $976.00 N
Delivery Permit 2 $134.00 $268.00 N
Block and Level Building 1 $3,450.00 $3,450.00 N
Foundation, Installation 14 $195.00 $2,730.00 Y
Drawings 1 $825.00 $825.00 N
Essential Material Handling Fee 2 $75.00 $150.00 N
Modification 1 $13,770.00 $13,770.00 Y
Delivery Haulage Fuel 2 $155.00 $310.00 N
Skirting, Install 168 $27.00 $4,536.00 Y
RNT, Install 1 $1,450.00 $1,450.00 N
Modifications $0.00
Charges Upon Delivery Subtotal: $30,387.00
Charges Upon Return Qty Charge Each Total One Time Taxable
Office, 24x60 HCD (Item1274) (4 Offices.Size
excludes 3' towbar.Vinyl wrap panel interior.)
Return 2 $961.00 $1,922.00 N
Return Pilot 2 $488.00 $976.00 N
Return Permit 2 $134.00 $268.00 N
Prepare Equipment For Removal 1 $3,450.00 $3,450.00 N
Foundation, Removal 14 $75.00 $1,050.00 N
Cleaning Fee 2 $450.00 $900.00 N
DocuSign Envelope ID: 6AEECE6E-B77E-4E6C-A1E4-38464BC05383
Page 2 of 6Quote # Q-426392
2/27/2024 1:37:14 PM
a Division of McGrath Rentcorp
Corporate Address:
5700 Las Positas Road
Livermore, CA 94551
www.mgrc.com
Lease Quotation and Agreement
Quote # Q-426392
Date of Quote 02/16/2024
Quote Expiration Date:
Lease Term: 24 Months
Estimate Del Date: 01/24/2024
Lessee PO#:
Return Haulage Fuel 2 $155.00 $310.00 N
Skirting, Removal 168 $13.00 $2,184.00 N
RNT, Removal 1 $1,450.00 $1,450.00 N
Estimated Charges Upon Return Subtotal: $12,510.00
Total Estimated Charges
Subtotal of Monthly Rent $2,023.00
Personal Property Expense $108.80
Taxes on Monthly Charges $194.54
Total Charges per Month (including tax) $2,326.34
Charges Upon Delivery (including tax) $32,305.84
Estimated Charges Upon Return (including tax)* $12,510.00
Estimated Initial Invoice* $34,632.18
*Charges upon return will be charged at Lessor’s then-current rates for lease terms greater than 12 months.
Special Notes
General: Customer's site must be dry, compacted, level and accessible by normal truck delivery. Pricing does not
include any clearing or grading of sites, obstruction removal, site or final building clean up , any asphalt transitions,
dolly, crane, forklift, electrical or plumbing connections, window coverings, furniture, casework, appliances, doorstops,
phone or data lines, gutters, downspouts or tie-in, temporary power, temporary fencing, traffic control, flagmen, soil
and/or pull test, custom engineering, fees associated with inspections, city or county submittals and/or use permits,
security screens, door bars and any item not specifically listed as being included.
Additional Information
Quote is valid for 30 days.
Lessee's site must be dry, compacted, level and accessible by normal truck delivery. Costs to dolly, crane, forklift, etc. wi ll be paid
by Lessee. Unless noted, prices do not include permits, ramp removal, stairs, foundation systems, foundation system removal,
temporary power, skirting, skirting removal, engineering, taxes or utility hookups.
Subject to equipment availability. Unless noted, equipment and related furnishings, finishes, accessories and appliances provided
are previously leased and materials, dimensions, and specifications vary. Detailed specifications may be available upon reque st.
For lease transactions, Lessor reserves the right to substitute equal or better equipment prior to delivery without notice.
This transaction is subject to prior credit approval. Security deposit and payment in advance may be required.
Sales Tax will be calculated based on the tax rate at the time of in voicing.
Unless otherwise noted, prices do not include prevailing wages, Davis-Bacon wages, or other special or certified wages.
Estimated Equipment Value
The Estimated Equipment Value is listed below. Lessee is solely responsible for complying with all insurance requirements set forth
in the Lease Terms and Conditions attached hereto.
Equipment Description Qty Estimated Equipment Value (each)
Office, 24x60 HCD (Item1274) 1 $172,400.00
DocuSign Envelope ID: 6AEECE6E-B77E-4E6C-A1E4-38464BC05383
Page 3 of 6Quote # Q-426392
2/27/2024 1:37:14 PM
a Division of McGrath Rentcorp
Corporate Address:
5700 Las Positas Road
Livermore, CA 94551
www.mgrc.com
Lease Quotation and Agreement
Quote # Q-426392
Date of Quote 02/16/2024
Quote Expiration Date:
Lease Term: 24 Months
Estimate Del Date: 01/24/2024
Lessee PO#:
This Lease Quotation and Agreement is entered into by and between Lessor and Lessee effective as of the date signed by
Lessee. This Lease Quotation and Agreement includes the terms and conditions set forth in the following two documents
(collectively, the “Agreement”), each of which is incorporated herein by this reference:
1.Lease Terms and Conditions attached hereto; and
2.Supplemental Lease Terms and Conditions located at (https://www.mobilemodular.com/contractterms), as the
same may be updated from time to time in the sole and absolute discretion of Lessor.
IN THE EVENT THE LESSOR AND LESSEE HAVE ENTERED INTO A MASTER LEASE AGREEMENT, THE TERMS OF
SUCH MASTER LEASE AGREEMENT ARE INCORPORATED HEREIN BY THIS REFERENCE, ARE DEEMED A PART OF
THIS AGREEMENT, AND TAKE PRECEDENCE OVER ANY CONFLICTING TERMS IN THIS AGREEMENT.
By signing below, Lessee: (1) acknowledges and agrees that it has received, read and understands the terms of this Agreement
and agrees to be bound by the terms of this Agreement, including prices and specifications, and (2) instructs Lessor to make
appropriate arrangements for the preparation and delivery of the Equipment identified herein. This Agreement may be executed
in one or more counterparts (including through the use of electronic signatures), each of which shall be deemed an original and
all of which shall constitute one and the same Agreement. Upon execution of this Agreement, Lessor shall generate a Lease
Agreement Number, which shall be referenced on all Lessor invoices.
No document provided by Lessee, including, without limitation, Lessee’s purchase orders, work orders, bills of lading, or for ms
for receipt or acknowledgment or authorization (“Lessee Forms”), nor the terms and conditions associated with such Lessee
Forms, shall amend, modify, supplement, waive, or release any term or condition of this Agreement (or the Master Lease
Agreement, as applicable) even if such Lessee Forms are signed by an agent or representative of Lessor. The terms and
conditions of this Agreement (or the Master Lease Agreement, as applicable) shall prevail over any Lessee Forms, and any
inconsistent or additional terms and conditions in Lessee Forms shall be deemed void ab initio and of no force or effect.
The individuals signing this Agreement affirm that they are duly authorized to execute this Agreement by and on behalf of the
parties hereto.
LESSOR: LESSEE:
Mobile Modular Management Corporation
a Division of McGrath RentCorp
City of Gilroy
Signature: /InternalSigner/ Signature: /CustomerSigner/
Name:
Alex Sufi/InternalSignerName/
Name:
LeeAnn McPhillipsCustomerSignerName/
Title:
Sales Specialist/InternalSignerTitle/
Title:
Assistant City Administrator/Administrative
Services & Human Resources Director/
CustomerSignerTitle/
Date:
/InternalDateSigned/
Date:
/CustomerDateSigned/
Approved as to Form:
___________________________
Andy Faber
City Attorney
Attest:
________________________________
Beth Minor
Interim City Clerk
DocuSign Envelope ID: 6AEECE6E-B77E-4E6C-A1E4-38464BC05383
3/11/2024 3/12/2024
Page 4 of 6Quote # Q-426392
2/27/2024 1:37:14 PM
a Division of McGrath Rentcorp
Corporate Address:
5700 Las Positas Road
Livermore, CA 94551
www.mgrc.com
Lease Quotation and Agreement
Quote # Q-426392
Date of Quote 02/16/2024
Quote Expiration Date:
Lease Term: 24 Months
Estimate Del Date: 01/24/2024
Lessee PO#:
LEASE TERMS AND CONDITIONS
1.LEASE. Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, the Equipment (as defined below). The lease of
any Equipment is governed by the terms of this Agreement. The Equipment is and shall remain the personal property of Seller.
2.TERMS. All capitalized terms used and not otherwise defined herein, will have the meanings set forth in this Agreement. As used in
this Agreement, the following definitions shall apply: “Accessories” shall mean any additions, attachments, or accessories to the modular
buildings, or ancillary services, provided by Lessor to Lessee and identified in this Agreement; “Equipment” shall mean the modular
buildings, Accessories, and/or Services identified in this Agreement, together with any replacements, repairs, additions, attachments or
accessories hereafter rented to Lessee under this Agreement.
3.PAYMENTS AND PRICE ADJUSTMENTS. Lessee agrees to pay to Lessor each payment specified herein on a net invoice basis.
Payment terms are net due upon receipt unless otherwise agreed upon in writing. All payments due from Lessee pursuant to this Agreeme nt
shall be made by Lessee without any abatement or setoff of any kind whatsoever arising from any cause whatsoever. Prices will be
increased by Lessor for unknown circumstances or conditions, including, but not limited to, driver waiting time, special transport permits,
difficult site conditions and/or increases in fuel prices.
4.LEASE TERM; EARLY TERMINATION. The Lease Term and Monthly Rent, each of which are specified in this Agreement, shall
commence on the date the Equipment is delivered to the Site (the "Start Rent Date”), unless a different date is mutually agreed upon in writing,
and shall continue thereafter for the number of months specified in this Agreement as the Lease Term. Lessee agrees to pay th e Total Charges
per Month specified in this Agreement (as may be adjusted pursuant to Section 5 below) for each month during the Lease Term and any
extensions thereof. A month is defined as thirty (30) calendar days; rent will be billed monthly unless otherwise specified in this Agreement (but
rent shall be due and owing even in the absence of actual receipt by Lessee of an invoice or bill). In the event that Lessee terminates this
Agreement prior to the expiration of the Lease Term, Lessor shall be entitled to charge an early termination fee, even if such termination occurs
prior to delivery of the Equipment. Such fee shall be determined by Lessor, in its sole discretion, following the receipt of the termination request.
Such early termination fee may include, but shall not be limited to, charges related to the preparation of the Equipment for delivery and/or the
rental value of this Agreement. In no event shall any such early termination fee exceed the total value of this Agreement. Lessor shall not be
liable to Lessee for any failure or delay in obtaining, delivering or setting up the Equipment. If Lessee delays delivery of the Equipment for any
reason for thirty (30) days or longer from the original delivery date mutually agreed upon between both parties, Lessor may, in Lessor’s sole
discretion, charge Lessee a monthly storage fee equal to the Monthly Rent starting on the original delivery date, and/or terminate this Agreement,
subject to the early termination provisions set forth above.
5.EXTENSION OF LEASE TERM. Upon expiration of the initial Lease Term set forth in this Agreement, the lease of the Equipment shall
automatically be extended on a month-to-month basis until the Equipment is returned to Lessor. This Agreement does not expire and the
terms and conditions hereof shall remain in full force and effect for any extension of the Lease Term, unless otherwise agreed upon by
Lessor and Lessee in writing. Lessor may periodically revise the Total Charges per Month from those reflected in this Agreement if the lease
of the Equipment is extended beyond the initial Lease Term. If the lease of the Equipment is extended beyond the initial Lease Term, Lessor
may revise the charges for the Charges Upon Return from those specified in this Agreement to reflect Lessor’s then-current market rates for
such services.
6.PREPARATION FOR REMOVAL OF THE EQUIPMENT. Prior to the scheduled removal of the Equipment, Lessee shall, at a minimum:
(a)provide clear access to the Equipment for Lessor to dismantle and remove the Equipment from the Site by industry-standard trucking
methods; (b) disconnect all utilities; (c) remove all personal property of Lessee’s from the Equipment; and (d) in the case of Equipment that
includes plumbing, flush the plumbing lines clean and ensure that no foreign matter remains in any fixtures. Plumbing must be properly
disconnected by Lessee at its sole cost and expense. Lessee will be responsible for costs of repair required by improper plum bing
disconnection to the extent that the Equipment is damaged. Any components, parts or accessories supplied by Lessor must be returned with
the Equipment. In the event that Lessee fails to meet the requirements herein, additional charges may be incurred by Lessee for additional
labor, waiting time, or dry-runs in the event that Lessor is unable to return the Equipment as scheduled.
7.RETURN OF EQUIPMENT. Lessee must provide a minimum of thirty (30) days prior, written notice to Lessor when requesting to return
the Equipment. Lessee is responsible for complying with the requirements set forth in the “Preparation for Removal of the Equipment” section
of these Lease Terms and Conditions. Unless otherwise agreed upon by Lessor in writing, Lessee shall continue to be responsible for payment
of the Total Charges per Month set forth in this Agreement (as may be adjusted pursuant to Section 5 hereto) until return of the Equipment to
Lessor is completed. The Total Charges per Month will be prorated in one-half (1/2) month increments only. If the Equipment is returned within
the first fifteen (15) days of the billing period, Lessee shall be responsible for paying half of the Total Charges per Month; if Equipment is
returned between the sixteenth (16th) and thirtieth (30th) days of the billing period, Lessee shall be responsible for paying the entire amount of
the Total Charges per Month. The charges reflected in this Agreement for Charges Upon Return will be adjusted for any Lease Term longer
than twelve (12) months or if the Lease is extended beyond the initial Lease Term, pursuant to Section 5.
8.WARRANTIES; DISCLAIMER. Lessor warrants to Lessee that the Equipment, when delivered and set up and under normal use and
regular service and maintenance by Lessee, shall be free from major defects in materials and workmanship that prevent any normal use and
operation. Accessories supplied by Lessor pursuant to this Agreement but not owned by Lessor shall not be subject to the foregoing
warranty, but shall carry the applicable warranty of the Accessory owner, which Lessor hereby assigns to Lessee to the extent transferable.
Lessor’s liability under this warranty shall be limited to the replacement or repair of the defective Equipment (during Lessor’s normal working
hours), at Lessor’s option; provided, however, that Lessee shall provide written notice of any failure or defect to Lessor within four (4) days
after discovery, and within the applicable warranty period, and failure to provide such notice in a timely manner may result in a limitation of
this warranty at Lessor’s sole option. If Lessee does not grant clear, unobstructed access for any such repairs between 8:00 a.m. and 5:00
p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not
DocuSign Envelope ID: 6AEECE6E-B77E-4E6C-A1E4-38464BC05383
Page 5 of 6Quote # Q-426392
2/27/2024 1:37:14 PM
a Division of McGrath Rentcorp
Corporate Address:
5700 Las Positas Road
Livermore, CA 94551
www.mgrc.com
Lease Quotation and Agreement
Quote # Q-426392
Date of Quote 02/16/2024
Quote Expiration Date:
Lease Term: 24 Months
Estimate Del Date: 01/24/2024
Lessee PO#:
extend to any Equipment subjected to improper application, damaged by accident or abuse, or repaired or altered outside of Le ssor’s
facilities without prior written authorization from Lessor. THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE
LESSOR’S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE EQUIPMENT AND SERVICES, AND ARE IN LIEU
OF AND EXCLUDE ALL OTHER WARRANTIES, GUARANTEES, PROMISES, AFFIRMATION OR REPRESENTATIONS OF
ANY KIND, EXPRESSED OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE EQUIPMENT OR SERVICES,
INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS
FOR ANY PARTICULAR PURPOSE, ANY WARRANTY AGAINST INFRINGEMENT OR AS TO TITLE, WARRANTIES ARISING
FROM COURSE OF DEALING OR USAGE OR TRADE OR ANY OTHER MATTER. EXCEPT AS EXPRESSLY SET FORTH IN THIS
SECTION, ALL EQUIPMENT AND SERVICES ARE BEING PROVIDED “AS IS”, “WHERE IS, WITH ALL FAULTS”. LESSOR
SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT,
THERETO. LESSEE HAS SELECTED ALL EQUIPMENT FOR LESSEE’S INTENDED USE AND RECOGNIZES THAT LESSOR IS
NOT A DESIGNER OR MANUFACTURER OF ANY EQUIPMENT.
9.TAXES. Lessee agrees to be responsible for all charges, fees and taxes (local, state and federal) levied or assessed upon Lessee or
Lessor relating to the ownership, leasing, rental, sale, possession, use or operation of the Equipment (including, without limitation, sales, use
and personal property taxes); provided, however, that the foregoing obligation shall not apply to any local, state or federal income tax assessed
against the Lessor as a result of this Agreement which shall continue to be the obligation of Lessor. Lessee shall pay all such taxes for which
it is responsible to the appropriate taxing authorities or, if directed or invoiced by Lessor, pay such amounts to Lessor for remittance by Lessor
to the appropriate taxing authorities.
10.LOSS OR DAMAGE. Upon delivery and until the Equipment is removed from the Site by Lessor or its authorized agent, Lessee assumes
all risk of loss or damage to the Equipment. Should any Equipment damaged be capable of repair, the Equipment shall be repair ed and
restored to its condition existing prior to such damage, at Lessee’s sole cost and expense. In the event any of the Equipment is damaged
beyond repair or is lost, stolen or wholly destroyed, this Agreement shall cease and terminate as to such Equipment as of the date of the
event, accident or occurrence causing such loss or destruction, and Lessee shall pay Lessor within forty-five (45) days thereafter, an amount
equal to the full replacement value of the Equipment, which payment obligation shall survive the termination of this Agreement.
11.INSURANCE. Lessee shall procure and maintain, at its sole expense (including all premiums, deductibles and self -insured retentions), (i)
property insurance covering the loss, theft, destruction, or damage to the Equipment in an amount not less than the full replacement value
thereof (and with a deductible no higher than $25,000), naming Lessor as loss payee of the proceeds, and (ii) commercial gene ral liability
insurance (minimum of $1,000,000 per occurrence and $2,000,000 in the aggregate) (and with a deductible no higher than $25,000), naming
Lessor and its designees as additional named insureds. Lessee's insurance shall be primary and non -contributory to any insurance
maintained by Lessor or any other additional insureds or additional named insureds. The liability insurance policy shall contain coverage for
all contractual indemnity obligations of Lessee set forth in this Agreement, cross -liability and waiver of subrogation provisions in favor of
Lessor and any other additional insureds. All evidence of all required insurance shall be in a form reasonably acceptable to Lessor and with
a company having an A.M. Best rating of A- (VII) or better, and shall not be subject to cancellation without thirty (30) days’ prior written notice
to Lessor. Lessee shall provide to Lessor insurance certificates and endorsements (including without limitation, additional insured and loss
payee endorsements) evidencing compliance with the insurance requirements of this Agreement (including without limitation, the deductible
amounts and waiver of subrogation) prior to delivery of the Equipment and shall maintain all required insurance coverage unti l the Equipment
is returned to Lessee. Lessor will not and does not provide insurance for any of Lessee’s personal pro perty that may be in or on any
Equipment.
12.INDEMNIFICATION AND LIMITATION OF LIABILITY.
(a) LESSEE ON BEHALF OF ITSELF, ITS SUCCESSORS, ASSIGNS, PARENTS, SUBSIDIARIES, VENDORS, SUBCONTRACTORS,
AND AFFILIATES, AND THEIR RESPECTIVE REPRESENTATIVES, DIRECTORS, OFFICERS, MANAGERS, VENDORS,
MEMBERS, SHAREHOLDERS, PARTNERS, CONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS (EACH, A “LESSEE
PARTY,” AND COLLECTIVELY, THE “LESSEE PARTIES”) SHALL INDEMNIFY, DEFEND, RELEASE, AND HOLD HARMLESS
LESSOR, ITS SUCCESSORS, ASSIGNS, PARENTS, SUBSIDIARIES, VENDORS, CONTRACTORS, AND AFFILIATES, AND
THEIR RESPECTIVE REPRESENTATIVES, DIRECTORS, OFFICERS, MANAGERS, VENDORS, MEMBERS, SHAREHOLDERS,
PARTNERS, CONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS (EACH A "LESSOR INDEMNIFIED PARTY,” AND
COLLECTIVELY, THE “LESSOR INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LOSSES, FEES, COSTS,
EXPENSES, CLAIMS, LIABILITIES, DAMAGES, PENALTIES, FINES, FORFEITURES, AND SUITS (INCLUDING COSTS OF
DEFENSE, SETTLEMENT AND REASONABLE ATTORNEYS’ FEES, ENVIRONMENTAL CONSULTANTS AND EXPERT
WITNESS FEES AT TRIAL AND ON APPEAL) (COLLECTIVELY, “LOSSES”) RELATING TO, ARISING OUT OF OR IN
CONNECTION WITH: (1) ANY BREACH OR NON-FULFILLMENT OF ANY COVENANT, AGREEMENT, OR OBLIGATION TO BE
PERFORMED BY LESSEE PURSUANT TO THIS AGREEMENT, OR ANY INACCURACY IN OR BREACH OF ANY OF THE
REPRESENTATIONS OF LESSEE SET FORTH IN THIS AGREEMENT; (2) THE OCCURRENCE OF ANY EVENT SET FORTH IN
SECTION 13; (3) THE SELECTION, USE, POSSESSION, DELIVERY, RENTING, LEASING, SUBLEASING, OPERATION,
TRANSPORT, MAINTENANCE, CONDITION, REPAIR, REPLACEMENT, REPOSSESSION, RETURN OR STORAGE OF ANY
EQUIPMENT OR ANY SERVICES; (4) ANY FAILURE BY ANY LESSEE PARTY TO COMPLY WITH ANY APPLICABLE LAW IN
CONNECTION WITH ANY EQUIPMENT OR THE SERVICES OR THIS AGREEMENT; (5) ANY DEATH OR BODILY INJURY TO
ANY PERSON OR DESTRUCTION OR DAMAGE TO ANY PROPERTY TO WHICH THE ACTS OR OMISSIONS OF A LESSEE
PARTY CONTRIBUTED; OR (6) ANY NEGLIGENT OR INTENTIONAL ACT OR OMISSION OF ANY LESSEE PARTY FOR ANY
ACTION RELATED TO OR ANY USE OF ANY EQUIPMENT. THIS INDEMNITY SHALL APPLY EVEN IF SAID LOSSES ARE
OCCASIONED, BROUGHT ABOUT OR CAUSED BY THE CONCURRENT NEGLIGENCE OF ANY LESSOR INDEMNIFIED PARTY,
UNLESS A COURT OF COMPETENT JURISDICTION SHOULD DETERMINE THAT THE LOSSES WERE PROXIMATELY CAUSED
BY THE SOLE NEGLIGENCE OR WILLFUL ACTS OR OMISSIONS OF A LESSOR INDEMNIFIED PARTY. IF THE FOREGOING
DocuSign Envelope ID: 6AEECE6E-B77E-4E6C-A1E4-38464BC05383
Page 6 of 6Quote # Q-426392
2/27/2024 1:37:14 PM
a Division of McGrath Rentcorp
Corporate Address:
5700 Las Positas Road
Livermore, CA 94551
www.mgrc.com
Lease Quotation and Agreement
Quote # Q-426392
Date of Quote 02/16/2024
Quote Expiration Date:
Lease Term: 24 Months
Estimate Del Date: 01/24/2024
Lessee PO#:
OBLIGATIONS ARE NOT ENFORCEABLE AGAINST LESSEE UNDER APPLICABLE LAW, LESSEE AGREES TO INDEMNIFY,
DEFEND, RELEASE AND HOLD HARMLESS LESSOR INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL LOSSES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, TO THE EXTENT OF THE
ACTS OR OMISSIONS OF THE LESSEE PARTIES’ NEGLIGENT OR WORSE CONDUCT. THIS INDEMNIFICATION SHALL
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
(b) TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, LESSOR’S LIABILITY, IF ANY, SHALL BE LIMITED TO THE VALUE OF
RENTAL FEES AND ALL OTHER AMOUNTS PAID BY LESSEE AND RECEIVED BY LESSOR UNDER THIS AGREEMENT FOR
THE EQUIPMENT AND/OR SERVICES, AND LESSOR SHALL HAVE NO LIABILITY TO LESSEE OR ANY THIRD-PARTY FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER BASED ON CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
13.EVENTS OF DEFAULT; REMEDIES. Each of the following shall constitute an "Event of Default": (1) failure by Lessee to make any payment
within ten (10) days after its due date; (2) failure by Lessee to perform any other obligation under this Agreement, and the continuance of
such default for ten (10) days after written notice thereof by Lessor to Lessee; (3) any material misrepresentation or false statement of fact
by Lessee; (4) the loss, theft, damage, destruction or the attempted sale or encumbrance by Lessee of any of the Equipment; or (5) Lessee’s
dissolution, termination of existence, discontinuance of business, insolvency, or the commencement of any bankruptcy proceedings by or
against, Lessee. Lessee acknowledges that any Event of Default will substantially impair the lease value of the Equipment her eof. Upon the
occurrence of any Event of Default, Lessor may, without notice, exercise one or more of the following remedies: (1) declare all unpaid
payments under this Agreement to be immediately due and payable; (2) terminate this Agreement as to any or all items of the E quipment;
(3) take possession of the Equipment wherever found, and for this purpose enter upon any premises of Lessee and remove the Equipment,
without any liability to Lessee; (4) direct Lessee at its expense to promptly prepare the Equipment for pickup by Lessor; (5) proceed by
appropriate action either in law or in equity to enforce performance by Lessee of the terms of this Agreement or to recover d amages for the
breach hereof, including attorneys’ fees and any other expenses paid or incurred by Lessor in connection with th e repossession of the
Equipment; (6) apply the security deposit specified in this Agreement (“Security Deposit”) to payment of Lessor’s costs, expe nses and attorney
fees in enforcing the terms of this Agreement and to indemnify Lessor against any damages s ustained by Lessor; and/or (7) recover the
replacement cost of any Equipment which Lessor is unable to repossess.. Lessor’s waiver of any Event of Default shall not constitute a waiver
of any other Event of Default or of any term or condition of this Agreement. No right or remedy referred to herein is intended to be exclusive
and each may be exercised concurrently or separately and from time to time. In the event of repossession, Lessee waives any b ond posting
requirement.
Lease Terms and Conditions, Rev. 07/01/2022
DocuSign Envelope ID: 6AEECE6E-B77E-4E6C-A1E4-38464BC05383