HomeMy WebLinkAbout2002-138 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2002- 138
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Citicorp
Vendor Finance Ltd., Mississauga, Ontario, for the lease of
computers
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 contract
between, Citicorp Vendor Finance Ltd., Mississauga, Ontario and said
Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this 16tc ay of Sept
16th September
By-law read a third time and finally passed this day of 0
John on, Mayor
Patti arri unicipal Clerk
Agreement NO. EQUIPMENT LEASE AGREEMENT ' p I `a I
SUPPLIER Payment Amount
Name Amsdell Inc. Term in 36 #of 36 (Plus applicable 2,906.57
A,4,4 A5""C,°,ctlC°t L,„;`5 Months Payments taues)
Richmond Hill,Ontario,L4B 1J4 ®MONTHLY ❑QUARTERLY ❑OTHER
Tel 905-881-3020 Fax 905-881-3023
Contact
SECURITY DEPOSIT ONLY
EQUIPMENT At the time of this Lease Agreement you agree to pay NIA Payments
Quantity Model Number Description In advance as security&include a cheque in the amount of: $ N/A
100 Amsdeii LXD-MP4 1.6GHz System,256MB,
20GB Ultra EIDE HD,Windows XP LESSEE
Pro OEM and accessories Full Legal Corporation of the Municipality of Clarington
Name
Billing 40 Temperance Street
Address
Equipment Loc. 1 ®Same ❑Other if other,please specify address below City Bowmanville Prov ON Postal Code L1C 3A6
TERMS AND CONDITIONS Telephone 905-6233379 Fax
;
In these terms and conditions(which together with everything on page one of two and page two of two hereof or in
an attached schedule is referred to as-this Agreement),the words YOU and YOUR mean the Lessee and the
words WE,US,and OUR refer to the Lessor.THIS AGREEMENT IS NOT CANCELLABLE.
1.AGREEMENT:We agree to rent to you and you agree to rent from us the equipment listed above or in the
attached schedule,if any,(which,together with all accessories and attachments to such equipment is called the
"Equipment").You acknowledge receipt of a copy of this Agreement.You promise to pay to us the rental payments _--
according to the payment schedule shown above.
2.TERM AND RENT:The initial tern of this Agreement shall commence on the day that any of the Equipment is BY.X
delivered to you(the'Commencement Date").The installments of rent shall be payable in advance,on the date(s) AUTHORIZED SIGNATU T
and in the amount provided above,commencing on the Commencement Date,and subsequent payments shall be PRINT NAME ` - h/) }�^�' mayor
due on the same day of each successive period,whether monthly,quarterly or as otherwise indicated,until all rent "j' ` J '..
and any additional rent or expenses chargeable under this Agreement shall have been paid in full.Your obligation
to pay the rent and other obligations hereunder shall be absolute and unconditional,and are not subject to any
abatement,set-off,defense,reduction or counter-claim for any reason whatsoever. BY:X
3.DELIVERY AND ACCEPTANCE:Your confirmation to us,by telephone or other means,of the delivery of the AUTHORIZED SIGN URETI
equipment to you shall constitute your acceptance of the Equipment in good working condition;that all work PRINT NAME P/'fi L
necessary prior to use thereof has been completed;and that you have inspected the Equipment and have G.S.T.Number: 288 tl {� Barrie, Clerk
found it to be satisfactory in all respects.You understand that we will be relying upon such confirmation THE TERMS AND CONDITIONS PRINTED ON PAGE ONE OF TWO AND PAGE TWO
by you as a condition to our purchase of the Equipment.Acceptance shall not be unreasonably withheld
or delayed. OF TWO ARE MADE A PART HEREOF
4. NO WARRANTIES: The Equipment has been obtained at your demand and in accordance with you
instructions without reliance on your skill or judgment.We are renting the Equipment to you"AS IS-.We are neither PREAUTHORIZED PAYMENTS—PLEASE ATTACH SAMPLE CHEQUE
the Equipment supplier nor the Equipment manufacturer.WE MAKE NO REPRESENTATIONS OR WARRANTIES, The Bank is authorized to pay and debit to the account of the undersigned all payments drawn by or on
EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, CONDITION, our behalf to lessor,including those in the form of magnetic tape.We agree that the Bank will not be
DESIGN, OPERATION, QUALITY OR FITNESS FOR ANY PURPOSE OR MARKETABILITY OF THE
EQUIPMENT,OR AS TO WHETHER THE EQUIPMENT IS SUBJECT TO ANY CLAMS,HYPOTHECS,LIENS OR liable for any loss or damage incurred as a result of anything done cr not done pursuant to this
OTHER ENCUMBRANCES.We hereby assign to you,to the extent assignable and without recourse to us,all authorization.If the account is transferred to another branch or the account is closed and an account is
warranties of the manufacturer or supplier in respect to the Equipment.In the event the Equipment is returned by opened at another bank,this authorization shall have the same farce and effect as if it had originally
you or repossessed by us,all such warranties shall be deemed to be reassigned to us.You agree to claim only directed to that branch or bank as the case may be.This authorization is given in accordance with the
against such manufacturer or supplier under such warranties.NO SUPPLIER OF ANY OF THE EQUIPMENT NOR terms of a lease or leases with,or other obligation to make payments to Citicorp Vendor Finance,Ltd..
ANY AGENT OF ANY SUCH SUPPLIER SHALL BE OUR AGENT OR IS AUTHORIZED TO WAIVE OR MODIFY �
ANY TERM OR CONDITION OF THIS AGREEMENT.If the Equipment fails to operate,or fails to operate as Date August 6,,-O A2
expected by you,you agree not to refuse to pay rent or perform any of your obligations hereunder.YOU HEREBY H6,ACKNOWLEDGE AND AGREE THAT ALL OF THE EQUIPMENT IS OF A FUNCTION,DESIGN,CAPACITY AND OTHER SPECIFICATIONS SELECTED SOLEY BY YOU AND THAT WE HAVE NO RESPONSIBILITY IN per {}
CONNECTION THEREWITH. WE SHALL HAVE NOT LIABILITY WHATSOEVER FOR ANY DAMAGES, Authorized Signa /1 Yl
INCLUDING WITHOUT LIMITATION ANY PERSONAL INJURY,PROPERTY DAMAGES,LOSS OF BUSINESS, o i 1
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY OR RELATED TO THE EQUIPMENT,ITS
MANUFACTURE, INSTALLATION, FUNCTIONING OR OPERATION OR CAUSED BY ANY DELAYS IN Per
MARKING DELIVERIES OR REPAIRS OR BY THE MANUFACTURER'S OR SUPPLIER'S PERFORMANCE OF Authorized Si nature Patti Title
MAINTENANCE ON THE EQUIPMENT.YOU ACKNOWLEDGE THAT THE FURNISHING OF MAINTENANCE 1 alli and
SERVICES FOR THE EQUIPMENT BY THE MANUFACTURER OR SUPPLIER DOES NOT IN ANY WAY Clerk
AFFECT THE DISCLAIMER SET FORTH HEREIN AND DOES NOT ASSURE IN ANY MANNER WHATSOEVER
UNINTERRUPTED OPERATION AND USE OF THE EQUIPMENT.
GUARANTEE
To induce Lessor to enter into the Agreement,the Guarantor(jointly and severally,if more than one)(the Lessor upon the insolvency, bankruptcy or reorganization of Lessee or upon the appointment of the
"Guarantor')unconditionally guarantees to Lessor the full and prompt payment and performance when due receiver,trustee or similar officer for Lessee or its assets,this Guarantee shall continue to be effective ore
of all Lessee's obligations to Lessor under the Agreement including without limitation payment of every reinstated,as applicable,all as though such payment to Lessor had not been made,regardless of whether
rental installment, the accelerated balance of rents, residual value, administrative charges, collection Lessor contested the order requiring the return of such payment.This Guarantee may be enforced by or for
charges and interest.The Guarantor is jointly and severally liable with the Lessee for the performance of the benefit of any assignee or successor of Lessor. Nothing shall discharge or satisfy the Guarantors
the Lessee's obligations under the Agreement and the Guarantors obligations hereunder are primary and liability except the full performance and payment of all the Lessee's obligations to Lessor,with interest,as
direct and shall not be released unless specifically agreed to in writing by the Lessor.The Guarantor provided in the Agreement. THE GUARANTOR CONSENTS TO THE PERSONAL JURISDICTION OF
agrees that the Lessor shall not be required to proceed against Lessee or the Equipment or to enforce any THE COURTS OF THE PROVINCE OR TERRITORY IN WHICH THE EQUIPMENT WAS ORIGINALLY
of the other remedies before proceeding against the Guarantor. The Guarantor agrees to pay all DELIVERED TO THE LESSEE WITH RESPECT TO THIS GUARANTEE. THIS MEANS THAT ANY
reasonable legal fees,court costs and any other expenses incurred by Lessor by reason of any default by LEGAL ACTION FILED AGAINST THE LESSEE AND/OR GUARANTOR(S)MAY BE FILED IN SUCH
Lessee.The Guarantor waives all benefit of division and discussion,any right to terminate this Guarantee PROVINCE OR TERRITORY AND THAT LESSEE AND/OR ANY OF THE GUARANTOR(S)MAY BE
and waives notice of acceptance hereof and all other notices or demands of any kind to which the REQUIRED TO DEFEND AND LITIGATE ANY SUCH ACTION IN THAT PROVINCE OR TERRITORY.
Guarantor may be entitled except demands of yment.The Guarantor consents to any extensions of time The Guarantors agrees that service of process by registered mail, return receipt requested, shall be
or modification of amounts of payment granted to Lessee and the release and/or compromise of any deemed the equivalent of personal service in any such action.This Guarantee shall be governed and
obligations of Lessee or any other obligors and/or Guarantors without in any way releasing the Guarantors construed in accordance with the laws of the province or territory in which the equipment was originally
obligation hereunder. This is a continuing Guarantee and shall not be discharged or affected by your delivered to the Lessee.To the extent permitted by law,the Guarantor hereby waives any and all rights
administrators,representatives,successors or assigns.In the event the Guarantor,as a result of payment and remedies granted by the provisions of any law,statue or regulation which would,in any manner,affect
by such Guarantor to the Lessor,becomes subrogated in any hypothecs,security interests of rights of the the Guarantors rights and remedies hereunder including, without limitation, rights pursuant to Articles
Lessor against the Lessee, the Lessee's property or any third party or third party's property.Then the 2362, 1531 and 1698 of the Civil Code of Quebec.The Guarantor acknowledges that it shall not make
Guarantor shall not enforce or exercise any such hypothecs,security interests or rights unless and until the payment of any amount hereunder by means of a credit card.It is the express wish of the parties that this
Lessor shall have received payment in full of all Lessee's monetary obligations under the Agreement and Guarantee and all other documents associated with the Guarantee and all communication between us will
the Lessee shall have performed all its other obligations under the Agreement.If at any time payment of be in English only, 11 est la volonte expresse des parties qua cette garantie at tous les documents s'y
any part of the obligations under the Agreement is rescinded or otherwise required to be returned by rattachant ainsi qua touts communication soient an anglais seulement.
X X INDIVIDUALLY
WITNESS SIGNATURE DATE GUARANTOR SIGNATURE
PRINT NAME PRINT NAME DATE
Form#152-1 CAN Q(Rev 11/00) LEASE ORIGINAL
Page 1 of 2
A memberof at igrou
TERMS AND CONDITIONS
S.OWNERSHIP,DELIVERY,AND RENEWAL:We may require that plates or markings be placed on the taking possession,where in respect of damage to property or otherwise;(v)as a late charge,charge you
Egiipn ant incri:e.itag our ownership.Ownership and title to the Equipment shall remain vested in us at all interest on all monies due us,including overdue interest from and after the date of default at the annual
times.You acknowledge that it is not intended that this Agreement create a security agreement.However, rate of twenty-four percent(24%)calculated and payable monthly until paid in full,but in no event more
you hereby authorize us to cause this Agreement or any statement or other instrument in respect to this than the maximum rate permitted by law;(vi)require you to return all Equipment at your expense to a place
Agreement showing our interest in the Equipment,including financing statements and financing change reasonably designated by us;and/or(vii)charge you for all the expenses incurred in connection with the
statement,to be filed or recorded and refiled and re-recorded,and to publish our rights of ownership in the enforcement of any of our remedies,including all costs of collection,reasonable legal fees on a solicitor
.Equipment,and grant us the right to execute your name thereto and you hereby waive,to the extent client basis,and court costs.Whenever any payment is not made by you when due hereunder,you agree
panniued by law,any rigid yuu have to i—eive a wpy of dny fifianciiig oI—ificaiiur,,publication or other to pay us,to the intent parm it'ad by law,not later than one ir.onth thereafter,as an administrative charge to
registration documents. You agree to execute and deliver any statement, instrument or document offset our expenses,the greater of(x)an amount calculated at the rate of ten cents per one dollar for each
requested by us for such purpose.You agree to pay or reimburse us for any searches,filings,recordings, such delayed payment,and(y)twenty-five dollars.Any amount greater than that so permitted by law which
stamp or filing fees,or taxes related to the filing or recording of any such instrument or statement.No more shall have been received by us will be credited to you.You also agree to pay as an administrative charge,
than one hundred eighty(180)days but not less than ninety(90)days 'or to the expiration of the initial twenty-five dollars,for every NSF cheque returned to us.The administrative charges may be changed by
term or any renewal term of this Agreement,you shall give us written of your intention to return the us from time to time.Such an amount shall be payable in addition to all amounts payable by you as a result
Equipment to us as provided below. Provided you have given such t notice,you shall return the of the exercise of any of the remedies provided herein.All other remedies are cumulative,are in addition to
Equipment,freight and insurance,prepaid,to us in good repair conditio d working order,ordinary wear any other remedies provided by law, and may, to the extent permitted by law, be exercised either
and tear excepted,in a manner and to a location designated by us*l you fail to so notify us,or having concurrently or separately.Exercise of any one remedy shall not be deemed an election of such remedy or
notified us you fail to return the Equipment as provided herein,this Agreement shall renew for an additional preclude the exercise of any other remedy.No failure on our part to exercise any right or remedy and no
term of twelve(12)months each at a periodic rent equal to the rent provided herein or on the terms and delay in exercising any right or remedy shall operate as a waiver of any right or remedy or modify the terms
conditions hereof,including the renewal provision contained herein. of this Agreement.A waiver of default shall not be construed as a waiver of any other or subsequent
6.USE,MAINTENANCE,RISK OF LOSS,AND INSURANCE:You agree to comply with all government default. You irrevocably and unconditionally waive any present or future right to allocate any payment
laws,regulations and orders relating to this Agreement,the Equipment or its use.You agree to use the made to us pursuant to any specific obligation due under this Agreement or under any agreement between
Equipment for business purposes only (not for personal, family or household purposes). You are us,and you agree that we may allocate and apply any payment received to any obligation due under this
responsible for installing the Equipment and you agree to keep the Equipment in good repair,condition and Agreement or under any agreement between us and we may reverse,re-allocate and reapply any such
working order and fumish all parts and servicing required, and you shall cause the Equipment to be payment as many limes and in such manner as we,from time to time,see fit.You also authorize us to
operated carefully in compliance with the manufacturer's recommendations and applicable laws and combine and set-off amounts payable by us to you with amounts owing from you to us(in each case
regulations, by competent and duly qualified personnel. Except for ordinary wear and tear, you are whether due or not and whether absolute or contingent)under the same or different agreements. We shall
responsible for protecting the Equipment from damage and loss of any kind.If the Equipment is damaged retain the sum set forth above as a security deposit for your performance of your obligations hereunder
or lost,you agree to promptly notify us of such damage or loss,and agree to continue to pay rent and to Upon lawful termination of this Agreement,provided you are not in default,the Security Deposit shall be
pay for the cost of repairs.If the Equipment is destroyed or damaged beyond repair,lost,stolen or taken returned to you.No interest shall be paid upon said Security Deposit.In the vent of default we may apply
from you,legally or otherwise,you agree to promptly notify us of such damage or loss,to immediately pay said Security Deposit to cure any default.
us any arrears of rent,past due interest and the Discounted Rentals and Residual Value as defined below. 12.ASSIGNMENT:YOU HAVE NO RIGHT TO SELL,TRANSFER OR ASSIGN THIS AGREEMENT,OR
You agree,during the term of this Agreement,to keep the Equipment fully insured for its full replacement SUBLEASE,PLEDGE, HPOTHECATE OR OTHERWISE ENCUMBER OR PART WITH POSSESSION
cost against loss by damage,fire,including extended coverage,theft,collision and all other losses,and OR CONTROL OF THE EQUIPMENT, OR AN INTEREST IN THIS AGREEMENT, WITHOUT FIRST
against liability arising from damage to property of others and bodily injury or personal injury,naming us as OBTAINING OUR WRITTEN CONSENT.We may sell,assign,or transfer this Agreement,without notice to
the first loss payee. You agree to obtain a general public liability insurance policy from a company you.You agree that if we sell,assign,or transfer this Agreement,the new owner will have the same rights
acceptable to us,including us as an additional insured on the policy.The insurance policy must provide and benefits that we have now and will not have to perform any of our obligations.You agree that the right !,
that the insurer gives us at least 10 days written notice before altering or terminating the coverage.You of the new owner will not be subject to any claims,defenses,or set-offs that you may have against us.In
agree to provide us certificates or other evidence of insurance satisfactory to us.If you do not,you agree the vent of assignment or transfer,we agree to remain responsible for our obligations hereunder.
that we have the right but not the obligation to obtain such insurance,in which event you agree to pay us 13. CONSENT TO JURISDICTION, GOVERNING LAW AND WAIVER: YOU CONSENT TO THE !.
for all costs thereof.You agree to allow us to inspect the Equipment at any reasonable time upon notice,or PERSONAL JURISDICTION OF THE COURTS OF THE PROVINCE OR TERRITORY IN WHICH THE
at any time without notice if we believe that the Equipment is damaged,at risk of being damaged,or is not EQUIPMENT WAS ORIGINALLY DELIVERED TO YOU WITH RESPECT TO ANY ACTION ARISING
being property maintained. OUT OF THIS AGREEMENT OR THE EQUIPMENT.THIS MEANS THAT ANY LEGAL ACTION FILED
7.INDEMNITY:We are not responsible for any losses,damages or injuries caused by the installation, AGAINST YOU MAY BE FILED IN THAT PROVINCE OR TERRITORY AND THAT YOU MAY BE
removal or use of the Equipment.You agree to reimburse us for,to hold us harmless from and against and REQUIRED TO DEFEND AND LITIGATE ANY SUCH ACTION IN SUCH PROVINCE OR TERRITORY.
to defend us against any claims for losses,damages or injuries(including legal fees and costs)caused by You agree that service of process by registered mail or by facsimile shall be deemed the equivalent of
the Equipment. personal service in any such action.However,nothing in this paragraph shall be construed to limit the
8.TAXES AND FEES:You agree to pay when due,or reimburse us,for all taxes,(other than our income jurisdictions in which suit may be filed by any party to this Agreement or the means of obtaining service of
or capital taxes)fees,fines,and penalties relating to this Agreement or relating to the use or ownership of process in any such suite.This Agreement shall be governed by and construed to the laws of the province
the Equipment now or hereafter imposed,levied,or assessed by any provincial',federal municipal or other or territory in which the Equipment was originally delivered to you.TO THE EXTENT PERMITTED BY
taxing authority upon this Agreement or any Equipment or the purchase, ownership, delivery, renting, LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS AND REMEDIES GRANTED YOU BY THE
possession,use,operation on return thereof,and for any expenses incurred with respect to the preparation PROVISIONS OF ANY LAW,STATUTE OR REGULATION WHICH WOULD,IN ANY MANNER,AFFECT
of financing statements and for other documentation costs.Any fees,taxes or other lawful charges paid by OUR RIGHTS AND REMEDIES HEREUNDER,INCLUDING,WITHOUT LIMITATION,PROVISIONS OF
us upon your failure to make such payments shall, at our option, become immediately due from you. THE LIMITATIONS OF THE CIVIL RIGHTS ACT OF SASKATCHEWAN,AND ARTICLES 1572 AND 1848
Equipment located in certain provinces or territories is subject to sales tax laws which require that tax be OF THE CIVIL CODE OF QUEBEC.
paid up front.If you choose to pay this tax up front,you may do so by cheque for the current percent of tax 14.PRE-AUTHORIZED PAYMENTS:If you have completed the pre-authorized payment section on page
applied to the cost of Equipment.If you do not include payment up front,you authorize us to advance the one of two,you hereby warrant that the signatures appearing on page one of two are those of the persons
tax and increase your monthly payment by an amount equal to the current tax percentage applied to the authorized to sign on the account with the Bank.You authorize or request the Bank to pay and debit the !.
monthly rental shown above. bank account specked on page one of two("Specified Account')whether it continues to be maintained at
9.LOCATION OF EQUIPMENT:You will keep and use the Equipment only at your address shown on the location set forth on page one of two or is maintained at another hranch of the Bank.You acknowledge
page one of two.You agree that the Equipment will not be removed from that address until you get our that provision and delivery of this authorization to us constitutes delivery by you to the Bank.While you
written permission in advance to move it and that it will remain personal and moveable property even may be invoiced by payments,we may elect to collect the rent due under a pre-authorized payment plan
though it may become attached to real or immovable property.You also agree not to permit the Equipment (including any arrears of rent).Pre-authorized payments may be withdrawn on or about the first day of
to become an accession or a fixture without our prior written consent. each rental period.
10.EVENTS OF DEFAULT:You are in default under this Agreement if:(i)you fail to pay rent or any other 15. CUSTOMER P.O.: You agree that any Purchase Order issued to us covering the rental of this
payment hereunder when due;(ii)you fail to perform any of the other terms covenants,or conditions of this Equipment is issued for purposes of authorization and your internal use only,and none of its terms and
Agreement after ten(10)days'written notice;(iii)you become insolvent,bankrupt or make an assignment conditions shall modify the terms or conditions of this agreement.
for the benefit of creditors;(iv)a receiver,trustee,conservator,or liquidator is appointed with or without 16.ENTIRE AGREEMENT:This Agreement contains the entire arrangement between you and us,and no
your consent;(v)you dispose of or encumber the Equipment,or this Agreement or attempt to do so;(vi) modifications of this agreement shall be effective unless in writing and signed by the parties.
you remove the Equipment from the location stated on page one of two;(vii)you are a representation of 17.NOTICE:Any notice required to be given in writing and by registered mail,facsimile or delivered to the
this Agreement or otherwise to us that is materially incorrect;(viii)you are a corporation and control or party and shall be deemed to have been received on the second business day following posting,or if by
beneficial ownership of you or your business changes from that which existed at the Commencement Date; facsimile or delivered,on the first business day following delivery or transmission.
(ix)a writ,execution,attachment or similar process is issued or levied against the Equipment; (x)you 18.CLERICAL ERRORS:Any clerical or inadvertent errors in this agreement or any other documents
cease to carry on business or make or propose to make any sale of the whole or any substantial part of associated with this Agreement shall not affect their validity and we may correct them provided that we
your assets in bulk or otherwise out of the normal course of business;and/or(xi)you are in default to us verbally advise you of such changes and,upon your request,provide you with a copy of the changed
under this or any other agreement. document.
11 REMEDIES:Upon the happening of any event of default described in Paragraph 10(i)through(xi),we 19.CREDIT INVESTIGATION:You hereby consent to us conducting a personal investigation or credit !,
may,to the extent permitted by applicable law,exercise any one or more of the following remedies:(i) check upon you,subject to applicable legislation.At our request,you agree to pay us a contract initiation !.
terminate is Agreement;(ii)by written notice specifying a payment date not earlier than five(5)days from fee equal to the greater of (x) $50.00 and (y) our costs, such fee to cover initial processing and !.
the date of the notice,declare due,sue for,and receive from you the sum of all rental payments and other registrations costs.
amounts then due and owning under this Agreement or any schedule thereto, plus, as a genuine pre- 20.GENERAL:Your obligations will continue enforce until all payments are made and the Equipment is
estimate of liquidated damages for loss,and not as a penalty,(a)the present value of the sum of the rental returned to us.You agree to promptly execute and deliver such further documents and do such further
payments for the unexpired term of this Agreement discounted at the rate of 6% per annum (the things as may be required to give effect to the intent of this Agreement. This Agreement shall be
'Discounted Rentals')and(b)the anticipated value of the Equipment at the end of the initial term or interpreted with all changes to number and gender as the context requires.If more than one person signs
applicable renewal term of the Agreement(but in no event less than 15%of the original cost of the this Agreement,all of you shall be jointly and severally liable.Any provision of this agreement which is
Equipment)discounted at the rate of 6%per annum(the"Residual Value'),and upon recovery of the same unenforceable in any jurisdiction shall as to such jurisdiction be ineffective to the extent of such prohibition
in full,the Equipment shall become your property;(iii)similarly accelerate the balances due under any or unenforcn_abiliy without invalidating the remaining provisions hereof and any such prohibition or
other agreements between us; (iv) enter your premises or elsewhere where the Equipment is located, unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other
without notice or demand,and take immediate possession of and remove the Equipment,and store,re ir, j 'diction. This Agreement and all other documents associated with the agreement and all
recondition the Equipment or lease,sell or otherwise dispose of the Equipment or any portion the of, n unications between us will be in English. Les parties aux presentes conviennent a ce qua ce
such items as we may elect, and apply the net proceeds, less reasonable selling and a i i i cu ent at tous autres documents at communications soient redigas an anglais.Time is of essence of
expenses,on account of your obligations hereunder,and,to the extent permitted by law,you ere agreement and all agreements between us.This Agreement will enure to the benefit of and binding ;
the benefit of any provision contained in any statue governing the seizure of equipment whe a le a i i upon the parties,their successors and permitted assigns. 1
default and waive any and all compensation or indemnification from and against damages resu i rom us ;G S lC-rf LOCA t 10� w ILL Be W( j �1 �f{-7,i t��
LESSEE ACKNOWLEDGES THAT THEY HAVE REA BOTH PAGE 1 OF 2 AND PAGE 2 OF 2 OF THIS LEASE DOCUMENT. r�l)Y,.O��/r U _-
YOU AGREE THAT THE FACSIMILE COPY F T f AGREEMENT WITH YOUR FACSIMILE SIGNATURE AND OUR ORIGINAL SIG UR SHALL CONSTITUTE THE ORIGINAL OF YHIS AGREEMENT
FOR ALL PURPOSES.
LESSEE NAME:Corporation of the Municl alit lari)j/�J nn ¢}ten }
LESSEE SIGN HERE X: hn ,V' 100717, Mayor DATE: t i L Barrie, Clerk
ACCEPTED BY: CITICORP VENDOR FINANCE,LTD. TITLE DATE: A us 2002
Form#152-1 CAN Q(Rev 11/00)
Page 2 of 2
A memberof at3grMlir
citicapitalJ
PURCHASE OPTION (Purchase Option)
Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville,ON
L1 C 3A6
DATE: July 18, 2002
LEASE#: APP S383470001
Attention: Ms. LouAnn Birkett
Provided that Lessee has fully performed all of the terms of the Lease and is not in default thereunder and notwithstanding
anything contained in the Lease to the contrary, Citicorp Vendor Finance, Ltd., as lessor("Lessor") hereby grants to Lessee the
option to purchase computer equipment,the equipment subject to the lease(the"Equipment').
OPTION DATE OPTION AMOUNT
At the end of the $9,580.00(10%)
36th month of the lease
Lessee shall exercise the Purchase Option by giving Lessor not less than 30 days written notice prior to the Purchase Option
Date. IF THE PURCHASE OPTION IS EXERCISED THE EQUIPMENT WILL BE SOLD BY LESSOR TO LESSEE "AS IS
WHERE IS"WITHOUT ANY WARRANTY EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE.
In the event that the purchase option is not exercised in accordance with the terms of this letter agreement,then the term of the
Lease shall continue in accordance with the terms of the Lease.
Lessor
CITICORP VENDOR FINANCE, LTD.
By: Lorna Lukac
Title: Assistant Manager, Vendor Sales
07/19/02 A memberof atigroup`