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operations of petitioner. Mr. Pisano also ran the daily
operations of L.A. Premix.
The Nikki lease required Nikki's, as lessor, to pay for the
replacement of all tires on the trucks it leased to petitioner.
The second clause of paragraph 5 of the Nikki lease (the tire
replacement clause) stated as follows:
Lessor will provide at its own cost and expense all
necessary replacement tires and tubes. Lessee agrees
that Lessee's driver will substitute the spare tire
when tire trouble occurs on said vehicle while in
possession of Lessee's driver and that Lessee's drivers
shall not operate said motor vehicle on a flat tire or
tires, or any tire or tires which do not contain
sufficient air pressure to prevent damage to the
sidewalls thereof, other than from ordinary wear and
tear.
The Nikki lease further stated that the lessor was to provide and
pay for all mechanical repairs, maintenance, and parts and labor.
Petitioner was to provide for lubrication and gasoline expenses
as well as washing and cleaning the trucks. Paragraph 13 of the
lease stated:
WAIVER. The failure of either party hereto in any
one or more instances to insist upon the performance of
any of the terms, covenants or conditions of this
lease, exercise any right or privilege in this
agreement conferred or the waiver of any breach of any
of the terms, covenants, or conditions of this
agreement, shall not be construed as hereafter waiving
any such terms, covenants, conditions, rights or
privileges but the same shall continue and remain in
full force and effect the same as if no such
forbearance or waiver had occurred.
The lease agreement which was signed on behalf of Nikki's by
Kurt Caillier and on behalf of petitioner by Chris Pisano was
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Last modified: May 25, 2011