DOCUMENT

CONT - Standardized Contracts Agreement, Lease of Goods

  • ENTITY TYPE: City/Township
  • TYPE OF DOCUMENT: CONT - Contract, Agreement
The document is a lease agreement between the Metropolitan Government of Nashville and Davidson County (referred to as "Metro") and a lessor. The lease is for the lease of goods, and it consists of several documents including the lease agreement, invitation to bid, lessor's bid, and affidavits/insurance. The document outlines the duties and responsibilities of the lessor, including providing and leasing the specified goods. It also includes provisions regarding delivery and installation of the goods, with deliveries required to be made pursuant to a written purchase order issued by Metro's Purchasing Agent. The term of the lease is specified, with the initial term beginning on the date the lease is signed and filed, and the possibility of extensions subject to approval by Metro's Department of Law and Department of Finance. Compensation for the lessor is addressed, with various payment options listed. Metro will make reasonable efforts to make payments within 30 days of receipt of invoice, but in any event, payment will be made within 60 days. The document also includes provisions for electronic payment, stating that upon request by Metro, the lessor must complete and sign a form authorizing electronic payments. Taxes are addressed, with Metro not being responsible for any taxes imposed on the lessor, and the lessor cannot claim exemption from taxes based on any exemption provided to Metro. Upon expiration of the lease term, Metro will make the goods available for removal and pick up by the lessor, to be completed within 30 days of termination at the lessor's expense. The lessor provides a warranty for the goods, stating that they will be free of defects for one year from the date of delivery or installation. Metro has the option to request repairs or replacements for defective goods, or return the goods for a refund. The lessor also grants Metro a license to use any software provided, and the document includes provisions for copyright, trademark, service mark, or patent infringement claims. The lessor is responsible for defending any such claims and indemnifying Metro against damages and costs. Metro has the right to participate in the defense and any settlement or compromise must be approved by the Metro Department of Law Settlement Committee and, if required, the Metro Council. The document concludes with a provision stating that if any infringement claim arises, the lessor may procure the right to continue using the products, replace or modify the alleged infringing products, or remove the products and cancel any future charges. The lessor will not exercise the option to remove the products until it is determined that the other options are impractical. The lessor will not be liable if the infringement claim is based on the use of the products or services in combination with apparatus or devices not supplied or approved by the lessor.
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