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10 - OCTOBER
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10-14-2024
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Agenda Packet
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AGENDA
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11. RIGHTS ON DEFAULT. IN THE EVENT OF DEFAULT, AVFUEL MAY, UPON ORAL OR WRITTEN NOTICE TO CUSTOMER, DECLARE THIS AGREEMENT <br />TERMINATED AND CANCELED AS OF THE DATE OF SUCH DEFAULT OR AS OF A SUBSEQUENT DATE SPECIFIED IN AVFUEL'S NOTICE OF <br />TERMINATION TO CUSTOMER. In such event, Avfuel or its agents or employees may, without further notice and without legal <br />process enter onto any facility of Customer for the purpose of repossessing any item of Equipment or any personal <br />property of any description owned by Avfuel, and Customer shall use its best efforts to assist Avfuel in such repossession. <br />Pursuit of the foregoing shall not preclude pursuit of any other remedies provided by law, nor constitute a waiver of any <br />amount due by Customer hereunder or of any damages accruing by reason of the breach of any of the terms or conditions <br />contained herein. No waiver of any breach hereof shall be deemed to constitute a waiver of any other breach hereof, and <br />forbearance to enforce a remedy herein provided upon an event of default shall not be deemed or construed to constitute a <br />waiver of such default. Aviation fuels on board repossessed Equipment will become the property of Avfuel, and credited <br />against any amount owed Avfuel by Customer at that day's market price. <br />12. INSURANCE: Prior to the effectiveness of this Agreement, Customer shall secure at its cost, the following insurance and <br />furnish Avfuel a Certificate of Insurance, evidencing: (1) commercial general liability insurance, including aircraft products <br />liability, with limits not less than $1,000,000 combined single limit for bodily injury and property damage; and (2) <br />automobile liability insurance with limits not less than $1,000,000 combined single limit for bodily injury and property <br />damage; and (3) workers compensation covering all employees of Customer; (4) physical damage coverage covering the <br />value of the leased equipment. Insurance policies shall be issued by insurance companies acceptable to Avfuel, shall <br />name Avfuel as additional insured, or loss payee as the case may be, and shall provide for at least thirty (30) day's written <br />notice to Avfuel prior to cancellation or modification. Customer shall maintain such policies in full force and effect <br />throughout the term of this lease and until all of its obligations hereunder have been released by Avfuel. <br />13. INDEMNIFICATION. CUSTOMER AGREES TO INDEMNIFY AND HOLD AVFUEL AND/OR THE OWNER <br />OF THE EQUIPMENT HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, <br />EXPENSES (INCLUDING ATTORNEY'S FEES), OBLIGATIONS AND CAUSES OF ACTION FOR INJURY TO <br />OR DEATH OF ANY AND ALL PERSONS, OR FOR DAMAGE TO OR DESTRUCTION OF ANY OR ALL <br />PROPERTY ARISING OUT OF OR RESULTING FROM THE CONDITION, EXISTENCE, USE OR <br />MAINTENANCE OF THE EQUIPMENT. <br />14. The Standard Provisions of Contract of the AFSA, current edition, are incorporated herein by reference and are a part of <br />this Agreement. <br />15. Customer may purchase unit described herein from Avfuel immediately after the sixtieth (60th) payment for the sum of <br />one dollar ($1.00). Full compliance with the lease for its term is required for execution of this provision. <br />Customer Initial ..__ <br />Form R2A Page 3 of 3 Revised 5/06 <br />
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