1. Disclaimer of Warranty; Due Diligence. The Goods are being leased “as is,” and the Lessor disclaims all warranties of quality, whether express or implied, including the warranties of merchantability and fitness for particular purpose. The Lessee acknowledges that it has not been induced by any statements or representations of any person with respect to the quality or condition of the Goods and that no such statements or representations have been made. The Lessee acknowledges that it has relied solely on the investigations, examinations, and inspections as the Lessee has chosen to make and that the Lessor has afforded the Lessee the opportunity for full and complete investigations, examinations, and inspections.
2. Governing Law and Designation of Forum.
(a) The laws of the State of Nevada (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, validity, performance (including the details of performance), and enforcement.
(b) A party bringing a legal action or proceeding against the other party arising out of or relating to this agreement or the transactions it contemplates must bring the legal action or proceeding in any court of the State of Nevada sitting in Clark County. Each party to this agreement consents to the exclusive jurisdiction of the courts of the State of Nevada sitting in Clark County and its appellate courts, for the purpose of all legal actions and proceedings arising out of or relating to this agreement or the transactions it contemplates.
3. Force Majeure. The Lessor will not be liable for delays in performance or for non-performance due to unforeseen circumstances or causes beyond the Lessor’s reasonable control.
4. Recovery of Expenses. In any adversarial proceedings between the parties arising out of this agreement or the transactions it contemplates, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs, including legal fees and expenses.
5. Entire Agreement. This agreement constitutes the entire agreement between the parties with respect to the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties.
6. Amendments. No amendment to this agreement will be effective unless it is in writing and signed by both parties.
7. Effectiveness; Date. This agreement will become effective when both parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party’s signature) will be deemed the date of this agreement.
8. Counterparts; Electronic Signatures. This agreement may be signed in one or more counterparts, which together will form a single agreement. This agreement may be signed electronically.
9. Severability. If any provision of this agreement shall be declared by any court of competent jurisdiction to be illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. If the non-solicitation or non-competition provisions are found to be unreasonable or invalid, these restrictions shall be enforced to the maximum extent valid and enforceable.
10. Broken, Damaged or Loss of Leased Goods. In the event the leased goods are lost, damaged or broken in any way, shape or form by the Lessee, the Lessee shall be responsible for the full cost of replacement of the goods.
11. Security Deposit. Lessee shall put down a security deposit in the amount listed on Exhibit A to secure the lease of the goods. If the Lessee cancels their reservation to lease the goods with 48 hours or more notice, Lessee shall have their full security deposit returned. If Lessee cancels their reservations to lease the goods with less than 48 hours’ notice, the entire security deposit will be retained by the Lessor.