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' THE DOCUMENT COMPANY 3L •7
<br /> XEROX
<br /> when retumed, the Equipment will be free of all liens and encumbrances. You ageement is with a third-party, you hereby acknowiedgc iha! you have,t6e right
<br /> will then be released from your obligations to make any further payments to to terrttinate the agreement and agree to provide a statement from the third-party
<br /> Xerox (with Xerox ietaining all sums paid to date). identifying the equipment at issue and the amount to be paid off (as well as a
<br /> B. TAX TREATMENT. This Ageemen[ has been accepted on the basis stateme�t from you identifying the payee and mailing address for your payoff
<br /> of Xerox claiming any intecest paid by you as exempt from federal income taz check). If your prior ageement was with Xeroz, the use of this refinance option
<br /> under Section 103(c) of the Intemal Revenue Code of 1986. Should Xerox lose shall render your prior agreement null and void. If you breach this Agteement,
<br /> the benefit of this ezemption as a result of your failure to comply with or be d►e full amount of your prior agreement balance shall be immediately due and
<br /> covered by Section 103(c) or its regulations, then, subject to the availabiliry of Payable.
<br /> funds and upon demand by Xeroz, you shall pay Xerox an amount aqual to its 29. ADNSTMENT PERIOD. !f this option has been selected, your
<br /> loss in this regard. Minimum L.ease Payment and/or Print Chazges shall be adjusted in accordance
<br /> C. ASSIGNMENT. Notwithstanding any provisions in this Agrxment W�� �e infortnation contained in the Adjustment Period po�tion of this
<br /> to the contrary, Xerox may not sell, assign or uansfer this Agrcement, and any Agre:emrnt as a result, your initial payment(s) shall be different from those
<br /> attempted sale, assignment or aansfer shall be void and without effect. payable during the balance of this Agreement
<br /> D. PAYMENT: Your payment is due wiUrin 30 days of our invoice date. 30. K-16 BQ.LING SUSPENSION. If this opeon has been selected, the
<br /> Maintenance Component of your Minimum Lease Payment and Print Charges
<br /> ADDITIONAL TERMS: The following additional terms apply only to the extent will be suspended each year during the months indicated. During these months,
<br /> that you have ageed to one or more of the options described below: you agree not to use the Equipment and that Xerox shall not be responsible for
<br /> 23. SUPPLIES INCLUDED IN BASF/PRINT CHARGFS. ff this option P�O��S Basic Services on it
<br /> has been selected, Xerox�wil! provzde. biac�c tonec:, black,develapa. 31. TRADE-IId EQUIPMENT. If dvs option has boer� seketed, You are
<br /> copy caztridges, and fuser ("Consumable Supp6es") throughout the term of this providing equipment to Xerox as part of this Agreement ("Trdde-In Equipme�t")
<br /> Ageement. For full-color Equipment, Consumable Supplies shall aLso include and the following shall apply:
<br /> color toner and developer. You ag�se t6at the Consumable SuppGes aie Xerox' � �E TRp�IYSFER. You warrant that you have the right to transfer
<br /> property until used by you, that you will use them only with the Equipment, that
<br /> you will retum all Ca►tridges to Xerox for remanufacmring once they have been b� �o the Trade-In Equipment and that it has bcen installed and performing its
<br /> run to theit cease-function poin4 aed tt►at you will ceturn any unused Consumabk ��ended funetion for the previous year at the address �vhere the replacement
<br /> Suppfies to Xerox at the end of this Agreert►ent. Should your use of Consumabk e9uipment is to be installed. Tide and risk of loss ro the Trade-In Equipment
<br /> Supplies excoed the typical use pattern (as determined by Xerox) for these items shall pass to Xerox when Xeroa removes it from your ptemises.
<br /> by mo�e thari 1096, you agiee that Xerox shall have the right to charge you for B. CONDITION. You warTant that the Trade-In Equipment is in good
<br /> any such excess usage. working orda, has not been modified from its original �guration (other than
<br /> 24. REPLACEMENT/MODIFICATION OF PRIOR XEROX by Xerox), and has a UL label attached. You agne to maintain d�e Trade-In
<br /> AGREEMEIVT. ff this option has been selected, this Agtcement will replace or � ��� P�nt site and in substantially its pcesent condition unul
<br /> modify a prior agcement between you and Xeroa covering the specified Rmoved by Xeroz.
<br /> equipment. ff it is a eepl�ement ageement, dx prior agceement shall be null and C. ACCRUED CHARGES. You agiee to pay all acerued charges for the
<br /> void. ff it is a modification, the prior agreement shall remain in effect ezcept that 'C�ade-L► Equipment up to and including payment of the Final Principal Payment
<br /> any new terms presented in this modification ageement (e.g., price, ducation, Number and to pay all maintenance, adminishative, supply and finance charges
<br /> configuration) shall take procedence over the prior terms for the balance of the for this equipment through the date ude passes to Xerox.
<br /> Agreement. In addition, modifications requiring a reamorti7ation of your 32. • RUN I.ENGTH PLAN. If this option has been selected, the fitst ten
<br /> payments may include a one-time administradve/processing charge which will P M� of each original (per run) are �ecorded and billed on both meters with all
<br /> appear on your fust bill under this rovised acrangement. subsequent prints recorded and billed on Meter A only. (Note that if a 5090
<br /> family product coverod by this plan has its document handler left open, all
<br /> 25. XEROX AS FINANCIAL, QVTERMEDIARY. If this opaon has bea► ��� copies will be recorded and billed on both metecs J
<br /> selected you are leasing specifically idenbfied products that wen selected by you 33. FIXED PRICE PLAN. If tltis option has bcen selected, Xerox will
<br /> and that ars not sold by Xerox in the normal course of its business. With regard fo�ego its right to increase �he Maintenance Component throughout the initial
<br /> to these products, you agree that Xerox is leasing them to you "As Is" and term of this Agneement
<br /> without waeranty or liability (either direct or indirect) of any kind. As such, ar►d 34. PER-FOOT PRICING. ff this option has been selected, all Print
<br /> with tegard to these products, YOU HEREBY WANE THE IMPLIED Charges will be billed on a per-foot basis, with each linear foot equal to one print.
<br /> WARRANTY OF MERCHANTABILITY. Xerox assigns to you, to the extent
<br /> assignable, any wazranty rights it has to these products (which rights shall revert 35. EXTENDED SERViCE HOURS. If this option has bcen selected,
<br /> to Xeroz if you b�tach this agieement). You agret (a) that these products are not Xerox will provide Basic Services during the hours indicated, with the 6tst
<br /> covered by Xerox' ob6gation to provide Basic Services; (b) to maintain a service number estab6shing the number of eight-hour shihs covered and the second
<br /> agreement for these products with a service provider acceptable to Xerox estab6sl►ing d�e days of the week (e.g., 2 x 6 would provide service from 8:00
<br /> througt►out this Agreement's term; (c) to pay all personal property taxes related A•M. to 11:59 P.M., Monday through Saturday). The cost of this enhanced
<br /> to these products; and (d) to assign to Xerox any rights you have to these service coverage will be billed sepazately and, as such, is not included in your
<br /> products until tide passes from Xerox to you (which, subject to any software Minimum Ixase Payment or Print Charges.
<br /> licenses surrounding the acquisition of these products, shall occur when you 36. COMPETiTNE REPLACEMENT PROGRAM. If this option has
<br /> obtain tiUe to all Xerox Equipment cove�d by this Ageement). been selected, Xeroz will provide you with the discount indicated in exchange for
<br /> 26. FOVAIVCED SOFf WARE TOTAL. If this option has been selected, your ag�eement to retum a unit of non-Xeroz equipment you ue currendy leasing
<br /> the initial Gcense fees for any Applica6on Software set forth in ihis Agreement (the "Competitive EquipmenP') to its Lessor. In doing so, you acknowledge that
<br /> shall be paid for through your Minimum Ixase Payments. If you bceach this the Equipment you are acquiring under this Ageement is replacing the
<br /> license or any of your obligations regarding the Equipment, the full amount of the Competitive Eqaipment and that your agreement with its Lessor allows you to
<br /> initial license fees shall be immediately due and payable. retum the Competitive Equipment at this time.
<br /> 27. F(NANCED SUPPLIES TOTAL. If this option has been selected, the 37. ATTACHED ADDENDA. If this option has been selected, you
<br /> cost of any supplies you have purchased under this Agc�eement shall be paid For acknowledge that one or more specified addenda (as indicated) have been
<br /> • through your Minimum Lease Payments. ff you breach any of your obligations provided to you. These addenda, which provide additional terms �elevant to the
<br /> regazding the Equipment, the full amount of the supply costs shall become transactions covered hereunder, are hereby fully integrated into this Ag�eement.
<br /> immediately due and payable. 38. NEGOTIATED CONTRACT. If this option has been selected, this
<br /> 28. REFINANCE OF PR[OR AGREEMENT. lf this opdon has been Agreement is subject to the terms contained in the identified Negotiazed Contract.
<br /> selected, the balance of your prior indicated agreement with Xerox or a third- If the terms contained in this Agreement contlict with those contained in the
<br /> party shall be paid for through your Minimum Lease Payments. If your prior Negotiated Contrac4 the tertns of the Negotiated Contract shall prevail.
<br /> DocuBroker Form# 51860T&C (12/1999) 4/14l2000 Page 4 of 5
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