These general provisions are part of the Film Industry Equipment Rental Form.
When
you sign the one--page, faxable rental form available from the menu on the left,
you are
agreeing to all of the provisions listed below.
Film Industry Equipment Rental Agreement General Provisions
These Equipment Rental General Provisions ("General Provisions") shall apply to the
transaction between the City and County of Honolulu ("City") and the person or entity
("Lessee") who is leasing personal property from the City. These General Provisions
shall be incorporated by reference into the Film Industry Equipment Rental Agreement
("Agreement") executed by the City and the Lessee named in the Agreement and shall be
a part of the Agreement. The execution of the Agreement by the Lessee and the City shall
be the Lessee's and the City's acknowledgement of these General Provisions and shall
constitute the Lessee's and the City's agreement to perform all of the obligations stated in
the General Provisions.
The City and the Lessee, in consideration of the mutual promises stated below, agree as
follows:
1. Lease: The City leases to the Lessee and the Lessee accepts from the City the
equipment listed on the Agreement ("Equipment"). The Lessee immediately shall mail or
deliver the agreement with its original signature to the City. The City and Lessee agree
that the facsimile or FAX signatures of the person executing the Agreement shall be
sufficient evidence of the execution of the Agreement if the Agreement with the original
signature is not available.
2. Term: The Equipment will be leased commencing and terminating on the dates
stated in the Agreement. The Equipment will be delivered to the Lessee by the City at the
location where the Equipment is normally held, subject to its being available on the dates
stated and subject to its being recalled by the City in good faith at any time in its sole and
absolute discretion. If the Equipment is not available on the dates stated or if the City
recalls the Equipment, the City will not be liable to pay the Lessee for any loss or
expense incurred by the Lessee caused by the unavailability or recall of the Equipment.
3. Rent: The Lessee will pay the City in advance rent ("Rent") for the use of the
Equipment as stated in the Agreement.
4. Security Deposit: The City may require payment of a security deposit ("Security
Deposit") which the Lessee will pay the City in advance in the amount stated in the
Agreement. The Security Deposit may be expended by the City without the consent of
the Lessee to pay the cost to repair damage to the Equipment, the cost to replace
Equipment which is lost or destroyed, and the Rent. No part of the Security Deposit may
be expended by the City if the damage or loss is caused by the City. Any amount of the
Security Deposit which is expended by the City shall be reimbursed by the Lessee
immediately after the City notifies the Lessee of an expenditure.
5. Use: The Lessee shall use the Equipment only in a safe manner which will not
injure any person or damage real or personal property. The Lessee shall not use the
Equipment in a manner that it will be damaged or destroyed. The Lessee shall not modify
or repair the Equipment. The City may impose other restrictions on the use of the
Equipment which shall be stated in the Agreement. The City may inspect the Equipment
at any time that it deems necessary.
6. Return: The Lessee shall return the Equipment to the City at the termination of
this lease on the date stated in the Agreement, or on the date that this lease is terminated
for any other reason, without any action by the City and in the same condition as it was
when delivered to the Lessee, undamaged and in good working order. The Lessee shall
pay the cost to repair any damage to the Equipment of any nature immediately after the
City notifies the Lessee of an expenditure.
7. Indemnity: The Lessee shall indemnify the City, its officers, employees,
contractors and agents, and shall hold them harmless, and shall defend them, individually
and in their official capacities, from all claims of liability for damages made by any
person or entity for death, personal injury, or injury to real or personal property,
including attorneys' reasonable fees and costs, arising from or connected with the
Lessee's use of the Equipment and its performance of its obligations stated in this
instrument.
8. Insurance: the Lessee shall maintain the following insurance:
a. Commercial General Liability insurance with limits of not less than $1,000,000
each occurrence and general aggregate, covering liability arising from premises,
operations, independent contractors, products-completed operations, personal injury and
advertising injury,a nd liability assumed under an insured contract.
b. If this Agreement includes the lease of any motor vehicles, including motorcycles
and 3-wheeled vehicles, Lessee shall maintain business auto liability (including no-fault
coverage) with limits of not less than $1,000,000 each accident. Such insurance shall
cover liability arising out of any auto, including non-owned or hired vehicles. The policy
shall be endorsed to provide contractual liability coverage and
All policies required hereunder shall be primary coverage with respect to all insureds and
that any insurance (or self-insurance) carried by the City shall be excess and non-
contributing; and shall name the City as an insured under each respective policy.
9. Possession: The Lessee shall not deliver, sublease, or assign the Equipment or any
interest in it or in this Agreement to any person or entity.
10. Remedies: If the Lessee fails to perform any of its obligations stated in this
instrument and in the Agreement, the City may exercise any remedy available to it in law
or in equity including, without limiting or prejudicing any other remedy available to the
City, terminating this Agreement without notice to the Lessee and taking immediate
possession of the Equipment and making a claim for damage or destruction of the
Equipment.
11.Miscellaneous Provisions:
a. Integration. This instrument contains all of the provisions of the agreement
between the parties pertaining to the subject matter stated in paragraph 1., above. Each
party acknowledges that no person or entity made any oral or written representation on
which it has relied to enter into the agreement stated in this instrument which is not
included as a provision in it.
b. Amendment. The provisions of this instrument may be amended only by each
party executing a subsequent written instrument which states each parties' agreement to
the amendment.
c. Authorization. Each party warrants to each other party that the individuals
executing this instrument on their behalf are authorized to do so.
d. Counterparts. This instrument may be executed by the parties in counterparts. The
counterparts executed by the parties named in this instrument and properly
acknowledged, if necessary, taken together, shall constitute a single instrument.
e. Binding Effect. Upon its execution by each party, this instrument shall
become binding and enforceable according to its provisions. If more than one party is
obligated to perform an act by any provisions stated in this instrument, those parties shall
be jointly and severally liable and obligated for the performance of those acts. The rights
and obligations of each party named in this instrument shall bind and inure to the benefit
of that party, the respective heirs, personal representatives, successors, and assigns of that
party.
f. Survival. Any representation and warranty stated in this instrument made
by a party shall survive the termination of the agreement stated in this instrument, unless
otherwise specifically stated.
g. Assignment. Neither the entire agreement which is stated in this
instrument nor any interest in it may be assigned by any party for any purpose.
h. Consent; Subsequent Agreement. If a subsequent consent or agreement
required of any party by the provisions of this instrument is requested by a party, it shall
no be unreasonably withheld by the party to whom the request is made.
i. Force Majeure. If any party is prevented from performing its obligations
stated in this instrument by any event not within the reasonable control of that party,
including, but not limited to an act of God, public enemy, or war, fire, an act or failure to
act of a government entity (except on the part of the City), unavailability of materials, or
actions by or against labor unions, it shall not be in default in the performance of its
obligations stated in this instrument. PROVIDED, HOWEVER, any party delayed by
such an event shall request an extension of time to perform its obligations stated in this
instrument by notifying the party to which it is obligated within ten days following the
event. If the notified party agrees that the event was the cause of the delay, the time to
perform the obligations stated in this instrument shall be extended by the number of days
of delay caused by the event. If the required notice is not given by the delayed party, no
time extension shall be granted.
j. Notice: Any notice required or permitted by the provisions of this
instrument to be given by a party to any other party, shall be written and either shall be
delivered personally or mailed postage prepaid by certified mail, return receipt requested,
to each other party at the address and to the person designated by each party, stated in the
Agreement.
k. Severability. If any provision stated in this instrument subsequently is
determined to be invalid, illegal, or unenforceable, that determination shall not affect the
validity, legality, or enforceability of the remaining provisions stated in this instrument
unless that effect is made impossible by the absence of the omitted provision.
l. No drafter. No party shall be deemed to have drafted this instrument. No
provision stated in this instrument shall be construed against any party as its drafter.
m. Applicable Law. The provisions of this instrument shall be interpreted in
accordance with the law of the State of Hawaii as that law is construed and amended
from time to time.
n. Defined Terms. Certain terms where they initially are used in this
instrument are set off by quotations marks enclosed in parentheses and subsequently are
capitalized. Those designated terms shall have the same meaning throughout this
instrument, unless otherwise specifically stated or clearly inappropriate in the context.
o. Gender; Number. In this instrument, the use of any gender shall include all
genders and the use of any number in reference to nouns and pronouns shall include the
singular or plural, as the context dictates.
p. Paragraph Titles. The titles of provisions stated in this instrument are
included only for the convenience of the parties. They shall not be considered in the
construction and interpretation of the provisions stated in this instrument.
APPROVED AS TO FORM AND LEGALITY BY THE DEPARTMENT OF THE
CORPORATION COUNSEL, CITY AND COUNTY OF HONOLULU del: 3/25/97;
film industry equipment rental agreement general provisions
