Avis 2010 Annual Report Download - page 439

THE LESSEE AGREES TO BEAR ALL SUCH RISKS AT ITS SOLE COST AND EXPENSE. THE LESSEE SPECIFICALLY
WAIVES ALL RIGHTS TO MAKE CLAIMS AGAINST THE LESSOR AND ANY GROUP I TRUCK FOR BREACH OF ANY
WARRANTY OF ANY KIND WHATSOEVER AND, AS TO THE LESSOR, THE LESSEE LEASES THE GROUP I TRUCKS “AS
IS.” IN NO EVENT SHALL THE LESSOR BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
WHATSOEVER OR HOWSOEVER CAUSED.
12.2. Manufacturer’s Warranties . If a Group I Truck is covered by a manufacturer’s warranty, the Lessee, during the Vehicle Term
for such Group I Truck, shall have the right to make any claims under such warranty which the Lessor could make.
13. GROUP I TRUCK USAGE GUIDELINES AND RETURN; TRUCK SPECIAL DAMAGE PAYMENTS .
13.1. Usage . As used herein “ Truck Turn-In Condition Standard ” with respect to each Group I Truck shall mean such Group I
Truck shall have no: body dents; rust; corrosion; dented, rusted, broken, missing chrome or trim; ripped or stained upholstery, seats, dash,
headliner or carpeting; missing interior trim; sprung or misaligned doors or their openings; worn, cracked, split, broken or leaking weather-
stripping; faulty window mechanisms; broken, cracked, missing glass, mirrors or lights; faulty electronic systems, including on-board
computers, processors, sensors, controls, radios, stereos, and the like; faulty heating, air conditioning or climate control systems; worn or
faulty shock absorbers or other suspension or steering parts, systems or mechanisms; excessively worn tires; or any other condition that
adversely affects the appearance or operating condition of such Group I Truck, in each case other than any such condition that would
reasonably be considered to be normal wear and tear or otherwise de minimis by a purchaser of such Group I Truck.
13.2. Truck Special Damage Payments . (a) The Lessee will use its best efforts to maintain the Group I Trucks in a manner such that
no Truck Special Damage Payments (as defined below) shall be due upon disposition of the Group I Trucks by or for the benefit of the
Lessor. Upon disposition of each Group I Truck leased hereunder by or for the benefit of the Lessor, other than the sale of any Group I
Truck to the Lessee in accordance with the terms hereof, if such Group I Truck fails to satisfy the Truck Turn-In Condition Standard
established pursuant to Section 13.1 , the Lessor will charge the Lessee for the amount that the Administrator estimates in good faith to be
the reduction in the saleable value of such Group I Truck as a result of such failure to satisfy the Truck Turn-In Condition Standard (any
such amounts are referred to as the “ Truck Special Damage Payments ”).
(b) On each Distribution Date, the Lessee shall pay to the Lessor all Truck Special Damage Payments that have accrued during the
Related Month. The obligation of the Lessee to pay Truck Special Damage Payments shall constitute the sole remedy respecting the breach
of its
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