Other Questions? Lease Agreement Questions: Dell Financial Services ###-###-#### http://dfs.us.dell.com/service/ (Please include your Lease Agreement Number in email) Dell Order Information, Ship Date, or Warranty Questions: Dell Sales Consultant ###-###-#### (Make sure to reference your DELL Customer number when calling Dell Sales) www.dell.com

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Lease Number: 003-008377347-003

DELL Customer Number: 79763676

 

Attention: JULIAN ROSS

 

Dell Financial Services L.L.C. ("DFS"), is pleased to provide the following Lease Agreement.

 

Please review the terms and conditions of the Lease Agreement carefully and retain a copy for future reference. If you received this letter and the attached Lease Agreement electronically, please print or download and save a copy for your records. The Lease Agreement describes Lessee's obligations (and those of any personal guarantor ("Guarantor") of the Lease) in connection with your decision to lease from DFS the equipment, software and services ("Products") that you selected and ordered from Dell Inc. or its affiliates ("Dell"). Please note that your signature appears on the Lease Agreement in the form of a pass code. If there is also a Guarantor of the Lease, the Guarantor's signature pass code will have the letters "PG" in front of it. If the Lease Agreement terms and conditions are acceptable, you (and the Guarantor, if applicable) do not need to take any further action unless you receive an e-mail, fax or overnight letter specifically seeking a reply. If the terms and conditions of the Lease Agreement are not acceptable, you (and the Guarantor, if applicable) must contact a DFS representative by calling ###-###-#### within 1 business day of receipt of the Lease Agreement. In order to cancel the Lease Agreement, please provide the DFS representative with the Lease Number, the Dell Customer Number, both shown above, and/or the Dell order number(s) given to you by Dell when you placed your Products order.   DFS will cancel the Lease Agreement and, at your option, arrange with you for another method of payment or cancel your Dell order entirely. If your Dell Product order is shipped to you after you have canceled your Lease Agreement without arranging for another payment method with Dell, you must refuse the shipment. If the shipment is left at the shipping address without a signature, do not open the boxes.  Call the carrier and tell them that you are refusing shipment. The carrier will arrange with you to pick up the shipment and return it to Dell. If you fail to do this, your Lease Agreement will be deemed accepted.

                                                                                                                                               

For the ease and convenience of AutoPay, please complete the enclosed AutoPay Authorization Form and fax it back to DFS Customer Service at ###-###-####.

 

 

What if I want to change my equipment order? Call your Dell representative at ###-###-#### for any questions or changes about your Dell equipment order. We will need to provide you with a revised Lease Agreement if the dollar amount of your order changes. This may delay the shipment of your order.

 

What if I want to change the address on my equipment order? Contact your Dell representative at ###-###-#### to change the shipping or billing address. This may delay the shipment of your order.

 

How can I check the status of mv eaumment order? You mav check vour Dell order status on-line at www.dell.com. or you may call Dell Customer Service at ###-###-####.

 

When will I get my monthly bill? You will receive your first Lease bill 10-20 days after your order is shipped to you . You can also get account information on line at www.dellfinancialservice.com.

 

Other Questions? Lease Agreement Questions: Dell Financial Services 1 ###-###-#### http://dfs.us.dell.com/service/ (Please include your Lease Agreement Number in email)

Dell Order Information, Ship Date, or Warranty Questions: Dell Sales Consultant 1 ###-###-#### (Make sure to reference your DELL Customer number when calling Dell Sales) www.dell.com

 

 

 

 

 

Lessee Full Legal Name and Address: OXYSURE SYSTEMS INC	Lessee Fed ID/Social Security No. 710960725		Lessor Name and Address: DELL FINANCIAL SERVICES LLC. ONE DELL WAY ROUND ROCK, TX 78682   (Please do not remit Rent payments to this address. For payment address, see Rent section noted below.)
10880 JOHN W ELLIOTT DR; STE 6 FRISCO TX, 75034
Attn: JULIAN ROSS
Shipping Address (if different) See Attachment A	Type of Business Corporation		Commencement Date
Dell Order Information		Lease Information
Dell Order Number: See Attachment A		Monthly Rent:* $30.15 ("Rent") (payable in arrears) Subject to Applicable Tax
Dell Equipment Order Total: $: 720.00		Lease Term: (defined below)36 months from the Commencement Date
Financed Sales Tax: $: 0.00		Monthly Property Tax Management Fee:A 1.34  ("PPT Fee") *Sub]ect to Applicable Tax
Shipping and Handling: $: 0.00		Lease Processing Fee: $75.00 ("Processing Fee")
Dell Order Total: $ 720.00		End of Lease Purchase Option: Fair Market Value

 

 

 

 

return by Dell in the time, condition and manner required by Dell under the Policy, we will apply any payment we receive from Dell as a credit against the amounts owed under this Lease, however, you agree that you shall continue to owe all unpaid amounts. You are responsible for freight charges to deliver and return the Products under the Policy. Contact Dell for complete details regarding the Policy.

 

 

Rent; Rent Adjustment: You agree to pay us the monthly Rent in the amount and for the number of months of the Lease Term stated above. Payments are in arrears with the first Rent payment due on the thirtieth (30th) day after the Commencement Date and following Rent payments will be due on the same day of each subsequent month; provided, however, that added to the first payment of Rent shall be a prorated portion of Rent calculated based on a 30-day month or 90-day quarter (as appropriate) for the period from the Acceptance Date to the Commencement Date. You agree to make all Rent payments required under this Lease to us at the address noted on your invoice. You authorize us to adjust the Rent amount shown above (increase up to 15% or decrease) based on changes in the final Dell Order Total (which is all amounts we have paid or will pay in connection with the purchase, delivery, and installation of the Products, including any trade up and buyout amounts and including any changes by you in your Product order). If we adjust your Rent amount based on the prior sentence, the new Rent amount will be in your invoice. You may contact us to request written confirmation of a Rent adjustment

 

Late Charges; Returned Checks: You must pay a late charge of (i) 5 % of the late payment amount or (ii) $ 29 for each late payment (or if such amounts are not permitted by law, then, the highest amount permitted by law) for each payment not received in full within 3 days after the due date. Your payment of a late charge or our acceptance of a late payment does not excuse your default or mean that you can keep paying Rent late. You agree to pay a charge of $25 for any check you give that is returned unpaid for any reason.

 

Title; Location and Use; Security Interest: Except for software that is subject to a separate license ("License"), we are the owner of and will hold title to the Products. You will keep the Products free from any and all liens, encumbrances and claims. Except for temporary relocation of notebook personal computers, you will keep and use the Products at the location shown in the Lease and you may not move the Products without our prior written consent. You will keep the Products in good condition and repair and use all software in accordance with the terms of its end user License. You may make additions or improvements to the Products unless the addition or improvement would violate any License, decrease the value of Products, result in any lien, encumbrance or claim on or to the Products or impair their utility. You are responsible for the shipping, installation, deinstallation and maintenance of the Products. You agree that this is intended to be a true lease under UCC Article 2A but if it is later deemed to be a lease intended for security under UCC Article 9, this Lease constitutes the grant to us of a purchase money security interest in all of your rights and interest in and to the Products (including your right to use any software to the extent not prohibited by your License) and any replacements, substitutions, additions, attachments, and all proceeds thereof. You authorize us to file any financing statements or related filings as we may reasonably deem necessary or appropriate. You agree to pay a one-time Transaction Processing Fee to cover our costs for such filing and other documentation costs.

Assignment: YOU MAY NOT ASSIGN, SELL, TRANSFER, OR SUBLEASE THE PRODUCTS OR YOUR INTEREST IN THIS LEASE. We may, without notifying you, sell, assign or transfer the Lease and our rights in the Products. The transferee will have all of our rights, but none of our obligations. The rights of the transferee will not be subject to any claim, defense, or setoff that you may have against us.

 

Default; Remedies: Each of the following is a default ("Default") under the Lease: (a) you fail to pay any Rent when due, (b) you don't perform your obligations under the Lease or in any other agreement with us or with any of our affiliates and this failure continues for 10 days after we have notified you of it, (c) you become insolvent or enter into (or have entered against you) bankruptcy, receivership, reorganization, dissolution, liquidation or other similar proceeding and (d) you provide us with incorrect or untrue information. If a Default occurs, we may (a) cancel or terminate the Lease or any agreements that we have entered into with you or withdraw any offer of credit; (b) require you to pay us, as compensation for loss of our bargain and not as a penalty, a sum equal to (i) the Stipulated Loss Value calculated above plus; (ii) any costs and expenses (including breakage fees) incurred as a result of the Default; (c) require you to deliver the Products to us; (d) peacefully repossess the Products without court order; and (e) exercise any other right at law or in equity. Further, with respect to software, if a Default occurs, you agree upon notice from us to (a) immediately cease using the software, (b) deinstall and delete all copies of the software from any computer systems you own or control or that are used for your benefit, and (c) provide us with a certificate signed by your authorized representative attesting to such cessation of use and maintenance, deinstallation, deletion and destruction. You agree to pay all of our costs of enforcing our rights against you, including reasonable attorney's fees.

 

End of Lease; Return: This Lease will automatically renew on a continuing month-to-month basis on the same terms and conditions (including the same monthly Rent payments) unless you notify us in writing of your intent 90 days before the expiration of the term or any renewal term and purchase or return the Products by the last day of the Lease Term. If you are not in Default and your timely written notice specifies it, you may purchase all, but not less than all, of the Products for the option price specified above. If the option is Fair Market Value ("FMV"), we will determine the purchase price based on our reasonable judgment. If you do not agree with our determination, the fair market retail value will be determined for you at your expense by an independent appraiser selected by us and reasonably approved by you. Upon payment in full of the Purchase Option price and any amounts which may be due hereunder, we will transfer our interest in the Products to you "AS-IS-WHERE-IS", without any warranty whatsoever, and the Lease will terminate. Unless the Lease is renewed or you purchase the Products, you will deliver the Products (including but not limited to cables, power cords, keys, etc.) in good repair, operable condition and able to qualify for the manufacturer's warranty service (ordinary wear and tear excepted) to any place in the continental United States that we direct. Upon your return of the Products, you agree that your license with respect to the operating system software terminates and you certify that you will either (i) return all copies of the manuals, printed material, certificates of authenticity and media (the "Operating System Software Kit") or (ii) destroy all copies of the Operating System Software Kit, leaving the original operating system installed and functional. You will pay all expenses for deinstalling, packing and shipping and you will insure the Products for the full replacement value during shipping. You will immediately pay us on demand the costs and expenses of all missing or damaged Products.

 

Indemnity: You are responsible for losses, damages, penalties, claims, costs (including attorneys' fees and expenses), actions, suits and proceedings of every kind, whether brought against you or us (collectively "Claims") caused by or related to this Lease or the Products. You will reimburse us for, and if we request, defend us against, any Claims.

 

Entire Agreement; Electronic Signatures and Records: You agree that the terms and conditions of this Lease make up the entire agreement between you and us regarding the lease of the Products and supercede any prior written or oral communications, agreements or the like between you and us. To the extent (if any) that this Lease constitutes chattel paper under the Uniform Commercial Code, the authoritative copy of the Lease shall be the copy designated by our assignee, or us from time to time, as the copy available for access and review by you and us or our assignee. All other copies are deemed identified as copies of the authoritative copy. In the event of inadvertent destruction of the authoritative copy, or corruption of the authoritative copy for any reason or as the result of any cause, the authoritative copy may be restored from a backup or archive copy, and the restored copy shall become the authoritative copy. At our option, this electronic record may be converted into paper form. At such time, such paper copy will be designated or marked as the original copy of the Lease. You agree that the printed pass code(s) on the original paper Lease is/are authorized signature(s). You agree that, notwithstanding any rule of evidence to the contrary, in any hearing, trial or proceeding of any kind with respect to this Lease, we may produce a tangible copy of the Lease with the signature(s) in the form of pass code(s) and such signed copy shall be deemed to be the original of this Lease.

 

Notices; Miscallaneous: All notices under this Lease will be given in writing or electronically and will be considered given when deposited in the U.S. mail, postage prepaid, or when sent by fax or e-meil addresses to the respective address given in the LEase or to a substitute address specified in writing or electronically by oneof us to the other. It is the express intent of both of us not to violate any usury applicable law and any such excess apyment will be applied to payments under the Lease in inverse order of maturity and the remaining payments will be refunded to you. This Lease is a final expression of the agreement between you and us and may not be cotradicted by evidence or any oral agreement or statement.

 

Governing Law: THIS LEASED IS GOVERNED BY THE LAW OF ILLINOIS AND, TO THE EXTENT APPLICABLE, THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. YOU CONSENT TO THE JURISDICTION OF ANY COURT LOCATED WITHIN ILLINOIS AND EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY. If this applicable law does not allow all the agreement in this Lease, the ones that are not allowed will be void. The rest this Lease will still be valid.

 

 

 

 

American Arbitration Association	JAMS/Endispute	National Arbitration Forum
1150 Connecticut Avenue, NW, Floor 6	700  11th street, N.W., Suite 450	P0- Box 50191
Washington, D.C. 20036-4104	Washington, D.C. 20001	Minneapolis, MN 55405
www.adr.org	www.jams-endispute.com	www.arb-forum.com
202 ###-###-####	800 ###-###-####	612 ###-###-####

 

Any party may elect to arbitrate even if an action has been filed in court, so long as no judgment has been rendered. However, if the party that has not demanded arbitration prefers to proceed in small claims court instead of arbitrating the claim, the party that has demanded arbitration shall be required to revoke the demand for arbitration and litigate in small claims court after receiving adequate assurance that the total of all current and future claims to be raised in the small claims court action by the party that has not demanded arbitration will not exceed a total amount in controversy of $5,000.

 

A single arbitrator shall hold the arbitration hearing in the federal judicial district where you are located. The arbitrator shall apply applicable law. The arbitrator's award shall be final and binding on all parties, except that in the event of an award in excess of $100,000, the non prevailing party may request a new arbitration by a three-arbitrator panel under the selected forum's rules.

 

 

UNDER THIS ARBITRATION AGREEMENT, DISPUTES BETWEEN THE PARTIES MAY BE RESOLVED BY BINDING ARBITRATION EVEN IF YOU WOULD PREFER TO SETTLE YOUR DISPUTE IN COURT; YOU MAY NOT HAVE THE RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL; YOUR ABILITY TO COMPEL OTHER PARTIES TO PRODUCE DOCUMENTS OR TO BE EXAMINED IS MORE LIMITED IN ARBITRATION THAN IN A LAWSUIT; AND, YOUR RIGHTS TO APPEAL OR CHANGE AN ARBITRATION AWARD IN COURT ARE VERY LIMITED. IF YOU ARE IN DEFAULT, WE RETAIN AN OPTION TO USE JUDICIAL OR NON-JUDICIAL RELIEF TO ENFORCE OUR INTEREST IN THE PRODUCTS AND TO ENFORCE THE MONETARY OBLIGATION. JUDICIAL RELIEF WOULD TAKE THE FORM OF A LAWSUIT THAT WILL NOT CONSTITUTE A WAIVER OF THE RIGHT OF ANY PARTY TO COMPEL ARBITRATION REGARDING ANY OTHER DISPUTE OR REMEDY SUBJECT TO ARBITRATION IN THIS LEASE, INCLUDING YOUR FILING OF A COUNTERCLAIM IN A LAWSUIT BROUGHT BY US PURSUANT TO THIS PROVISION.

 

Personal Guaranty: In consideration for us entering into this Lease, the Guarantor whose signature pass code is below, if any, unconditionally and irrevocably guarantees to us the prompt payment and performance of all obligations of Lessee under this Lease regardless of any circumstance which might otherwise be a defense available to or a discharge of Lessee or the Guarantor. Guarantor agrees that this is a guaranty of payment and not of collection, and that we can proceed directly against Guarantor without first proceeding against Lessee or the Equipment. Guarantor waives all defenses and notices, including those of protest, presentment and demand, notice of acceptance hereof and all other notices of any kind. Guarantor agrees that we can renew, extend or otherwise modify the terms of this Lease without releasing Guarantor. Guarantor will pay to us all expenses including attorneys' fees incurred by us in enforcina our riahts aaainst Guarantor  This is a continuing gauranty that will not be discharaed or affected bv Guarantor's death and will bind Guarantor's heirs, administrators and personal representatives. We may, without affecting Guarantor's liability hereunder, compromise or release any rights against Leasee or the Equipment or any Guarantor. Guarantor consents to the transfer, sale or any other disposition of the Equipment and the Lease. This Guaranty may be enforced by any assignee or successor of ours to the same extent that we may enforce it. Guarantor authorized us any of our affiliates and assigns to obtain credit bureau reports regarding Guarantor's personal credit and make other credit inquiries that we determine are necessary. Guarantor agrees to the terms of this Personal Guaranty including being governed by the laws of the State of Illinion and to arbitration as provided above.

 

 

 

 

 

 

 

 

 

 

 

Attached hereto and made a part hereof Lease No: 003-008377347-003  between Lessor and OXYSURE SYSTEMS INC as Lessee

 

Product Location	General Product Description/Quantity
10880 JOHN W	Dell Order #552585279
FRISCO	Description	Quantity
TX	Dell 1609WX DLP Projector	1
75034	Type 11 Contract-Projector Ad vance Exchange 1 Yr Limited Warranty. Lamp Limited Warranty	1
	Dell Hardware Warranty, Initial Year	1
	No Warranty, Year 2 and 3	1
	ALL OTHER TERMS AND CONDITIONS OF THE LEASE SHALL REMAIN UNCHANGED.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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