- 6 - On December 22, 1982, pursuant to the Purchase Agreement, GCC and petitioner entered into the "Lease Agreement", whereby petitioner leased the computer equipment back to GCC with a term extending to December 31, 1991. The lease payments followed the payment schedule under petitioner's Buyer Acquisition Note. The Lease Agreement required GCC to make rental payments of $830 per month for the first 36 months, then $11,792.70 for the next 72 months. GCC also agreed to pay petitioner on December 31, 1982, an additional sum of $1,240.71, as a per diem rental through that date. After December 31, 1986, GCC was to pay petitioner supplemental rent equal to 85 percent of the "net rentals" until petitioner received $80,000. After that, GCC agreed to pay petitioner 55.25 percent of the "net rentals" through the end of the lease. The Lease Agreement between GCC and petitioner contained a broad indemnity clause providing, in part: Lessee hereby agrees to assume liability for, and does hereby agree to indemnify, protect, save and keep harmless Lessor and Lessor's successors and assigns from and against, any and all claims, causes of action or liability (including liability for negligence or in strict tort), including legal fees, imposed on, incurred by or asserted against Lessor or any of Lessor's successors or assigns, in any way relating to or arising out of ownership, possession, use or operation of the Equipment; provided, however, that Lessee shall not be required to indemnify Lessor or Lessor's successors and assigns for loss or liability in respect of any unit of Equipment arising from acts or events which occur after possession of such unit of Equipment has been delivered to Lessor in accordancePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011