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The Lessee shall pay all.cost necessary for thc operation oF saicl vehi.cle and
<br />equipment, including but not limited to gasoline, oil, all stoi•age chai•ges, parking
<br />charges, and fines. The Lessee shall, at its cost, maintain said vehicle and its
<br />equipment in good repair, mechanical condition ancl running or-cler.
<br />The Lessee shall immediately inspect the vehicle ancl each item of equipment
<br />delivered pursuant to this lease, and shall notify Lessor in writing of any dis-
<br />crepancies between said vehicle and its equipment and the description, .i.nventory,
<br />statement of condition, and valuation of saicl itern of vehicle aiid eclUi.pment as
<br />agreed to in the attached schedule or schedules. If l,essor receives no such written
<br />notice within five (5) days after delivery of the vehicle aiid its equipment, the
<br />Lessee will be conclusively presumed to have received and accepted the vehicle
<br />and its equipment as specified.
<br />All remedies for breach of this lease agreement are cunzulative aiid may be
<br />exercised concurrently or separately aiid from time to time. The Lessee will pay
<br />all costs and expenses, ineluding attorney's fees, incurred in the preservation or
<br />enforcement of any rights of Lessor or obligation of the Lessee uncler thi_s lease
<br />and indemnity agreement.
<br />Should any action in law or in equity be commenced by either party hereto in
<br />connection with any breach or breaches of this agreement by the other party, tlien
<br />and in such event or events it is mutually agi•eed that any court of competent jur-
<br />isdiction may add to any judgement rendered in favor of either party a sum that
<br />will reasoriably compensate for any attorney's fees incurred in such action and £or
<br />any cfl5t and expense reasonably inciclent to sucti action in addition to the costs
<br />allowable at law or in equit)• as an incident of such audgement.
<br />The Lessee agrees to indemnify Lessor, its directors, officers, employees,
<br />agents, and assigns, against, aiid hold then► harm2ess from, any and all clai.ms demailds,
<br />liabilities, actions, suits, and proceedings of eyery kind, inclucli.nb tlle cost and
<br />expenses thereof, caused by, arising out of, or connected with the otanership,
<br />maintenance, use or operatian of vehicles and their equipment leased hereiinder, and
<br />the medical or emergency treatment and/or care rendered to victims ana/or patients
<br />including, manufacturer, selection, delivery, maintenance, ownership, possession,
<br />storage, misuse, use, operation, training, licensure, }iandling, transportation, and/
<br />or property damage. Lessor shall not be liable for any loss, da.mage, or injury to
<br />the Lessee of any kind and in any mafiner causea hy or connected wi.th any vehicle or
<br />its equipment or the condition, reconditioning, repair, maintenailce, o4vnership,
<br />possession, or use thereof.
<br />The Lessee does hereby release, hold harmless from, and indemnify Lessor f.or,
<br />all claims, damages, ana causes of action that may arise frorn ar in connecti.on with
<br />any treatment or care rendered by any employee or volunteer of the Lessee's FP9S
<br />Operation to any victim or patient and also from otner medical care arising therefrom,
<br />and also from and for any aiid all claims, damages and causes of action that may result
<br />at any time in the future, whether or not they are in the contemplation of thc parties
<br />at the present time and whether or not they arise following ttie execution of this
<br />agreement as the result of and by reason of any treatment or care rendered to any
<br />victints or patients of the Lessee's ENiS Operation.
<br />'C'he Lessee further agrees to defend against any claims broubht or actions
<br />filed against Lessor with respect to the subject of the indemnities containec3 herein,
<br />whether such claims or actions are rightfully or iqrongfully brought or filed. In
<br />case a claim should be brought or an action filed with resPect to the subjects of
<br />the inlemnities herein, the Lessee agrees that Lessor, after concurrence tiaith the
<br />Lessee, may employ attorneys to appear and defend the clairn or action on the behalf
<br />of Lessor at the expense of the Lessee. Lessor, at its option, shall have the sole
<br />aLzthority for the direction of the defense, and shall be the soIe judge of the
<br />aceeptability of any comprornise or settlement of any claims or acti.orls against
<br />Lessor.
<br />'I'he Lessee agrees that the inclemni.ficati.ons herein stuall inclucic losses for
<br />whicli l.,essor may be legally responsible to others, sustaincd by Lessor by reason of
<br />any act of fraud, dishoriesty, forgery, embezzlement, wrongful ohstrtiction or willful
<br />misapplication of anY of tlie ve}iicles or i.ts equipment by any emPloyee or a.gent
<br />of the Lessee while performing the duties of any offi.ce or position.
<br />Indemniti.es under this agreement shall
<br />aiid its equipment to Lessee aiid shall coTltintie
<br />possible circumstances, wlii4h m:iglit gi.ve rise
<br />ceased to exist.
<br />co;mnence upon dclivery of tIlc vchicle
<br />in ful l force, ur.t:i I, a~~y and al l
<br />for aiiy liability, ta Lessor have
<br />Pag e 3
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