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<br />6. Removal. Upon termination of this Agreement or SAS’s election to remove the Fence following Lessee’s
<br />default, SAS shall remove the Fence in a diligent manner and Lessee shall freely surrender in good repair and
<br />condition and shall allow for a safe and unobstructed removal consistent with the assurances contained in Article
<br />4. If Lessee fails to timely comply herewith, Lessee shall pay for all delay damages and losses and for destruction.
<br />Panels or fencing damaged or missing during rental period will be the responsibility of Lessee. Lessee is not
<br />required to be present during the fence removal, however SAS recommends a representative be present to
<br />document any damages or missing fencing.
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<br />7. Repair and Maintenance. During the term of the lease, and at all times prior to SAS’s removal of the Fence, if
<br />the Fence needs maintenance, repair adjustment or relocation, SAS may, but shall not be required to, enter onto
<br />any property where the Fence is located and appropriately maintain, repair, adjust or relocate the Fence as
<br />required. Upon receipt of an invoice from SAS, Lessee shall pay SAS therefore at rates normally charged by SAS.
<br />8. Protections and Use. Lessee bears all risk of loss, damage, or destruction to the Fence during the term of the
<br />lease and until SAS has recovered possession of the Fence, Lessee shall not; (a) allow any lien charge or
<br />encumbrance to be levied against the Fence; (b) sell, dispose of, transfer, assign, pledge, sublet or relocate the
<br />Fence; (c) allow others to take or assume possession of or control over the Fence or allow it to become affixed to
<br />any real property; (d) allow any damage, alteration or modification of the Fence or any part thereof, or (e) allow
<br />any personal property to be connected to the Fence. Lessee shall comply with all applicable laws, rules,
<br />regulations, and ordinances with respect to the possession, use or maintenance of the Fence.
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<br />9. Indemnity and Insurance. Lessee shall indemnify, defend and hold SAS and it’s officers, shareholders, directors,
<br />agents and employees (collectively, the “Indemnities”) harmless from any and all claims and expenses, including
<br />court costs and attorneys’ fees, for damages or injuries to persons or property which are related in any manner,
<br />directly or indirectly to the Fence, its use, location, installation or condition, regardless of whether injury was
<br />caused in part by the negligence, including gross negligence, of SAS or any other act or omission of the
<br />Indemnities.
<br />10. Default. Lessee shall be in default upon the happening of any of the following events: (a) Lessee’s failure to
<br />timely pay any rent or other amount required hereunder; (b) Lessee’s failure to satisfy any provision of this
<br />Agreement within five (5) days after written demand by SAS; or (C) Lessee’s cessation of business as a going
<br />concern, assignment for the benefit of creditors; insolvency, bank, or admission of inability to pay debts.
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<br />11. Remedies. If Lessee defaults, SAS may take any one or more of the following actions: (a) allow Lessee to
<br />remain in possession of the Fence and recover rent as the same becomes due, plus all other amounts due
<br />hereunder; (b) repossess the Fence, wherever located, with or without demand, notice, court order or other
<br />process of law and recover all unpaid rents due hereunder up to the time of such repossession, plus liquidated
<br />damages in an amount equal to 50% of all rental which would have become due from the date of repossession to
<br />the end of the then current term of this Lease, plus all other amount due hereunder, and/or (c) pursue any other
<br />remedy at law or in equity, including the exercise of lien rights. All remedies available to SAS shall be cumulative
<br />and exercisable separately or concurrently.
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<br />12. Venue, Jurisdiction, Choice of Law. The rights and obligations under this Agreement shall in all respects be
<br />governed by the laws of the State of Washington, and personal jurisdiction and venue in any legal action shall exist
<br />exclusively in the State or Federal Courts sitting in King County, Washington. SAS and Lessee hereby waive any
<br />claim or defense that each may have based on lack of venue or forum nonconveniens.
<br />13. Not Used.
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