Loading...
HomeMy WebLinkAbout94-5 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 94- 5 Being a By-law to amend By-law #89-229, a By-law to authorize the execution of a Leasing Agreement between the Corporation of the Municipality of Clarington and Friden Alcatel (Friden Neopost) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a Leasing Agreement with Friden Alcatel (Friden Neopost) and said Corporation. 2. THAT this agreement attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 10th day of January, 1994. By-law read a third time and finally passed this 10th day of January, 1994. *, ,i"'" T ALCA TEL FRIDEN LEASING OF CANADA INC. SCHEDULE LEASE CONTRACT II All Q tt Tc.. Uy - Lr1L,.; 'lIt, _ - CUSTOMER CODE (ALCA TEL FRIDEN) AJ.C.&TEL FRIUEN LESSOR LEASE NO INSTALLED AT ~~Arl')rV ~'U ~4..0{W ~F C(? ~O M 40 ,C:-n L E S S E E Pastill Code TeleptlOne No (Include Area Code) ( 4//;,) INVOICE TO (IF DIFFERENT) a,v Or TJ,t: lVw',' , $'7}tJ-/-~C7 :J.c.' ~ n 4~Vr L- t. ~- o..u~rD Telephone No (Include Arerl Code) } Bank Name Address Lessee Name and Address of Landlord if eqUIpment IS 10 be placed in rented premises Owns PremIses LJ Yes [1 No Name and Tille 01 Lease SIgnor (Please Print) Accounts Payable Contact Name Fax No. Product Code Qty. Description Ser,al No. (H,O, Use Only) Prespnlly 1(,<15Ing tl1fOllgtl Fnden Alcalpl LeasIng 01 Canada _bs [J No E/ pFI / I r ,e~S~t7,aT ~":""~-4"'"Jr r~c~cv~ V."-, / Correspondence ~ngl'sh (J Fleneh P R o o u C T o First Payment Cheque allached Cheque No.: Amount: 4- b 4-' / S- ;f L,l[>'{'l:::,'" /(-;1>/ .....' Customer PurChase Order No o Lease Continued 0 PAPP Attached SUPPLIER Bundled Lease Start Dale Initial Term P'lVfTIcnls ii1-tIifo'nlhly No of Payments IH 0 Use Only) No, of Months will be T Meter 0 made [J Ouarterly 1.2. E Maintenance 0 --- 1.:< U Annually DO MM YY R M Equipment Lease Amount GST Tax Provincial Sales Tax Total lease Payment S Lr...~/. ~ ;;2 tj?- ~7 ~.? G8" f/ (f. I S- .- . 4- Name (~~ I:!) c'SA-' /'- ~-~',.L1~ ..s;'? /"0,2..:; !-7b Branch Sales RepresentatIve (ple;~e P~'l~ _" 6'-'~/l- co!.. I /t!.(~, 1> Representative's No TERMS AND CONDITIONS OF LEASE: Additional Terms and Conditions on the reverse side hereof form part of this lease, For and in consideration of the covenants and agreements by the lessee to pay the total rental The Lessee acknowledges that said equipment hereby teased was personally ChOS~fl i1lld payment herein provided for and to perform the terms, covenants and conditions on the Lessee's selected by the lessee for business purposes, and purchased at the lessee's request flOI11 a part herein contained, the Lessor hereby leases. and lets unto the Lessee, and the Lessee hereby supplier designated by the Lessee. Consequently, the Lessee takes full responslhility for tlln leases and takes from the Lessor, each unit of equipment described above and hereinafter choosing and the selection, &nd will 'ook only to the supplier for warranty against latelll relerred to as "said equipment". for the term set forth above (commencing on the dale 01 the first defects or other matters, the lessor hereby conveying expressly and without reserve to the delivery of any of the said equipment to the Lessee) and upon the subject to the covenants, Lessee all warranties, il any, resulting from the sale 01 said equipment entered into with the conditions and provisions hereinafter set forth. supplier. The Lessee renounces the right to any claim or defence against the Lessor relating 1. RENTAL For the use of said equipment, the Lessee shalt pay to the Lessor at the Lessor's to said equipment. In the event of any action brought by the Lessor for default under the office, at 20 Oovedale Court, Scarborough, Ontario M1S SA7, a total rental payment equal to provisions of this lease, the lessee waives aU defences predicated on the failure of said tile amount of each rental payment specified above mulliplied by the number of rental equipment to perform the lunction for which it was designed and further acknowledges and payments specilied above. The lirst rental payment shall become due upon the execution agrees that such failure shall not be deemed to be in breach of this Lease. hereof by Lessee and SUbsequent rent payments in every calendar month. or other calendar 4. GOVERNING LAW, This lease shall be governed by and construed in accordance with the period, after the month of shipment on the 1st of such month or p..eriod. Rental payment laws of the Province of Ontario and each party hereto attorns to the jurisdiclion of the Courts hereunder is payable without abatement. of the Province of Ontario but without prejudice to Lessor's right to pursue an action in any 2. EQUIPMENT DESCRIPTION. The Lessee authorizes the Lessor to complete the description other jurisdiction, Any provision ot this lease which is prohibited, void or unenforceable in of said equipment above with the insertion of serial numbers and other details specifically any jurisdiction shall, as to such jurisdiction, be severable and be ineffective to the extent of identifying said equipment. such prohibition, avoidance or unenforceability without invalidating the remaining 3. NO REPRESENTATIONS AND WARRANTIES. Each unit of said equipment leased provisions hereof and such prohibition, avoidance or unenforceability in any jurisdiction hereunder is ot a size, design and capaCity personally chosen and selected by the Lessee and shall nol invalidate or render unenforceable such proviSion in any other jurisdiction. Lessor the lessee is satisfied that the same is suitable for its purposes and the lessor has made no and lessee hereby acknowledge that they have required this lease and all related docurne~ts representation or warranty with respect to the suitability or durability ot any such unit for the to be drawn up in the English language, le locatellr et Ie locataire reconnaissentavoir eXlge purposes or uses of the Lessee, or any other representation or warranty express or implied que Ie present credit-bail et les documents qui s'y rattachent soient H~diges en anglais. with respect thereto. The UnderSIgned ilcknowle(1ges 10 have r('ad thl:' enlile leilse ilnd accepts lhf' h'! ms and l:(lW1ItH10S. ttWI\'~'! t.l<ccut{'d ;ri., c:- (C) /2 ,,4~.., /;:JA7) ". /'-' 0 ('"C (J., (c~. Nan;;');;:; c.r/-,;.<JZi7'Y'.or'C~e//li7' TO-A". +- ","-L-h' r'/fr' -c-.-L,. /" , ~t,V' .1......~7... Alcatet Friden Leasing of Canada Inc (Lessor) AuthOrtzed SIgnature By /"'1 f) 7~' 12.. By rl!le By \ \.<..() ,) '.,..,. . L. L i::.K./C rOfl~,! #7\0000 .. .., . .. t::; /zj; I ;;~ ~r