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LEASE

Lease Agreement

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This Lease Agreement involves

United Rentals, Inc

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Title: LEASE
Date: 3/15/2007
Industry: Aerospace and Defense     Sector: Capital Goods

LEASE, Parties: united rentals  inc
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Exhibit 10.13

LEASE

This lease, dated as of May 1st, 2000, ("Lease") is by and between Pete Madison, of 2117 Hoffner Avenue, Orlando, FL. 32809 (together "Landlord") and United Rentals, Inc., a Delaware corporation, Five Greenwich Office Park, Greenwich, CT 06830 ("Tenant").

T ERMS

For good and valuable consideration received by each party from the other, the parties covenant and agree as follows:

1. PREMISES

(a) Landlord’s Authority. Landlord represents and warrants that it is the sole owner of the land, buildings and equipment described on Appendix A attached hereto, together with all buildings, improvements, facilities and fixtures located on the land, and any easements, rights of access and other property rights necessary to allow Tenant unobstructed use and occupancy of the foregoing (the "Premises"). Landlord represents and warrants that it has full right and authority to lease the Premises to Tenant and to otherwise enter into this Lease on the terms and conditions set forth herein, and that the provisions of this Lease do not conflict with or violate the provisions of existing agreements between the Landlord and third parties.

(b) Lease of Premises. Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord. The Premises are leased to Tenant together with all singular appurtenances, rights and privileges in or otherwise pertaining thereto.

(c) Landlord’s Access. Landlord and its authorized agents or representatives shall have reasonable access to the Premises during Tenant’s normal business hours on not less than four hours notice to Tenant. In the event of any emergency giving rise to the threat of damage or injury to life or property, Landlord may enter the Premises without notice.

2. TERM

(a) Lease Commencement. The term of this Lease shall commence on the later of May 1 st , 2000, (the "Commencement Date"), or the date possession of the Premises is delivered to Tenant in accordance with this Lease or any riders attached hereto.

(b) Initial Term. The initial term of this Lease (the "Initial Term") shall be five (5) years, commencing on the Commencement Date. Hereinafter, "Term" shall mean the Initial Term and any extension thereof.

(c) Extension Term. Tenant may, by written notice to Landlord not less than 60 days prior to the end of the Initial Term, extend the Term for One (1) or more additional period(s) of five (5) year(s) each.

3. RENT

(a) Rent. Tenant shall pay Landlord rent ("Base Rent") of $5,500. per month during the Initial Term. If Tenant exercises its option(s) extend the term, the Base Rent during the Extension Term(s) shall be $5,500. per month. Base Rent plus any additional rent due under this lease is hereinafter sometimes referred to as "Rent". Rent for partial months at the beginning and end of the Term shall be apportioned based on the number of days in such partial months. Rent for the first month shall be due no later than 10 days after the Commencement Date. Rent for partial months at the beginning and end of the Term shall be apportioned based on the number of days in such partial months. Rent for the first month shall be due no later than 10 days after the Commencement Date.

(b) Late Rent. Base Rent payments are due on the first day of the month and shall be considered late if received after the tenth day of the month. In the event that Tenant fails to make any Base Rent payment on or before the tenth day of the month, Tenant shall pay a late charge in the amount of 5% of the Base Rent due. Except as may otherwise be provided in this Lease, Base Rent payments are due without notice or demand and without setoff or deduction.

4. TAXES AND ASSESSMENTS

(a) Payment of Taxes by Tenant. As additional rent, Tenant shall pay all real estate taxes, property taxes estimated at $250 per month, transaction, privilege, excise or sales taxes, special improvement and other assessments (ordinary and extraordinary), and all other taxes, duties, charges, fees and payments imposed by any governmental or public authority which shall be imposed, assessed or levied upon, or arising in connection with the ownership, use, occupancy or possession of the Premises or any part thereof during the Term (all of which are herein called "Taxes"). Tenant shall deliver to Landlord evidence of timely payment of Taxes. Taxes for the tax year in which the term shall commence or expire shall be apportioned according to the number of days during which each party shall be in possession during such tax year. Actual property taxes shown above are based on an estimated cost of $3,000 per year. If actual amount varies the landlord and tenant will settle the amount each November.

(b) Tax Protest. Tenant may contest any Taxes by appropriate proceedings conducted at Tenant’s expense in Tenant’s name or, if required by law, in Landlord’s name. Landlord shall cooperate with Tenant and execute any documents or pleadings reasonably required for such purpose, but Landlord shall not be obligated to incur any expense or liability in connection with such contest. Tenant may defer payment of the contested Taxes pending the outcome of such contest, if such deferment does not subject Landlord’s interest in the Premises to forfeiture. Tenant shall deposit with Landlord, if Landlord so requests, an amount of money at least equal to the payment so deferred plus estimated penalties and interest. Upon notice to Tenant, Landlord may pay such contested Taxes from such deposit if necessary to protect Landlord’s interest in the Premises from immediate sale or loss. When all contested Taxes have been paid or canceled, all moneys so deposited to secure the same and not applied to the payment thereof shall be repaid to Tenant without interest. In lieu of any such deposit, at its election Tenant may furnish a bond in a form, in an amount, and with a surety reasonably satisfactory to Landlord. All refunds of Taxes shall be the property of Tenant to the extent they are refunds of or on account of payments made by Tenant.

5. SERVICES AND UTILITIES

(a) Contractual Arrangements. Tenant shall make arrangements for delivery to the Premises of any gas, electrical power, water, sewer, telephone and other utility services and any cleaning, trash and snow removal and maintenance services as Tenant deems necessary or desirable for its operations during the Term. Landlord represents that the foregoing services and utilities are installed or readily available at the Premises without any material installation costs to Tenant.

(b) Payment of Charges. Tenant shall promptly pay all charges for utility and other services contracted by Tenant to be delivered to or used upon the Premises during the Term and shall be responsible for providing such security deposits, bonds or assurances as may be necessary to procure such services.

(c) Transition. Landlord and Tenant shall each reasonably assist the other in transition of payments for, and control of, services and utilities at the commencement and termination of this Lease.

6. MAINTENANCE AND REPAIR

(a) Present Condition. Prior to the commencement of the Term, Landlord shall put the building systems, including, without limitation, plumbing and electrical lines and equipment, heating, ventilation and air conditioning systems, boilers, and elevators, if any, in good repair and condition. Landlord represents, warrants and covenants that at the Commencement Date such systems will be in good mechanical and operating condition. Subject to the preceding sentences of this paragraph, Tenant accepts the Premises in their present condition, except as noted on Appendix "B" attached, which the Landlord agrees to complete by no later then May 1, 2000 (Commencement Date). Landlord represents and warrants that it has no knowledge of any conditions which have existed or presently exist which could materially adversely affect Tenant’s business or contemplated use of the Premises.

(b) Maintenance Obligations. After the commencement of the Term, Tenant shall promptly make or cause to be made all non-structural and routine mechanical repairs needed to maintain the Premises in its present condition, subject to reasonable wear and tear. Landlord shall promptly make or cause to be made all structural and non-routine mechanical repairs and replacements necessary to so maintain the Premises, which shall include keeping the roof and Premises free of leaks, repairs to the plumbing and drainage systems, electrical systems, and the exterior and interior structural elements of the building (including, without limitation, the roof, exterior and bearing walls of the building, support beams, foundations, columns and lateral supports).

7. USE; COMPLIANCE WITH LAWS

(a) Permitted Uses. Tenant may use and occupy the Premises for all lawful uses or purposes.

(b) Compliance with Laws. Landlord represents and warrants that Tenant’s intended use of the Premises for sales, rentals, storage, maintenance, and repair of construction, household and other

machinery, tools and equipment of all kinds and for offices and other related uses in connection with Tenant’s equipment rental business is a lawful use of the Premises, and that no further governmental consents, approvals or permits are necessary for such use. Landlord further represents and warrants that the Premises are in compliance with all applicable laws, including the Americans With Disabilities Act. If the foregoing representations are untrue, then, in addition to all of Tenant’s other rights hereunder or at law or in equity, Landlord shall reimburse Tenant for, and shall indemnify and hold Tenant and any Tenant Indemnitees harmless from and against, any and all damages, injuries, fines, losses or claims, and all costs and expenses, including reasonable attorneys fees, incurred by or asserted against Tenant as a result of or arising out of such representation being untrue, including any costs or expenses associated with obtaining any necessary consents, approvals or permits.

8. ALTERATIONS

Tenant may, without obtaining Landlord’s prior consent or approval, make temporary alterations, improvements and additions ("Alterations") to the Premises that do not permanently affect the Premises. Tenant may make other non-temporary Alterations to the Premises (by way of example but not limitation, the installation of drywall partitioning, doorways, and lifts) with Landlord’s prior consent or approval, which consent or approval shall not be unreasonably withheld, conditioned or denied; notwithstanding the foregoing, if the cost of such non-temporary Alterations is less than $20,000, Landlord’s prior consent shall not be required. All Alterations made by Tenant shall be made at Tenant’s sole cost and expense, including all costs and expenses incurred in obtaining any required governmental consents, permits or approvals. Tenant may perform all Alterations with contractors and subcontractors of Tenant’s own choosing. Landlord will cooperate with Tenant’s efforts to obtain any governmental permits or approvals or consents required therefor. Landlord shall not be entitled to impose upon Tenant any charges or fees of any kind in connection with any Alterations.

9. SIGNAGE

Tenant, at its expense and subject to its obtaining any required governmental permits and approvals, may place, maintain, repair and replace signage on the Premises, which may include any such trade name(s) or corporate affiliations as Tenant chooses. Landlord shall cooperate with Tenant’s efforts to obtain any permit, approval or consent necessary or desirable in connection with the installation of any sign.

10. TENANT’S PROPERTY

For purposes of this Lease, the Term "Tenant’s Property" shall mean all office furniture and equipment, movable partitions, communications equipment, inventory, and other articles of movable personal property owned or leased by Tenant and located in the Premises. All Tenant’s Property shall be and remain the property of Tenant throughout the Term of this Lease and may be removed by Tenant at any time during the Term. Upon the expiration of this Lease, or within 30 days after the sooner termination hereof, Tenant shall remove all Tenant’s Property from the Premises without leaving any noticeable damage to the Premises. If Tenant leaves noticeable damage as a result of Tenant’s removal of Tenant’s Property, Landlord shall give Tenant 15 days written notice to remove or repair such damage,

after which time, Landlord may repair such damage and Tenant shall reimburse Landlord for all costs and expenses reasonably incurred by Landlord in repairing such damage.

11. QUIET ENJOYMENT

Landlord covenants that Tenant shall and may, at all times during the Term, peaceably and quietly have, hold, occupy, and enjoy the Premises.

12. LIENS AND MORTGAGES

(a) Tenant’s Liens. Tenant shall not (i) by any failure to act or by any act, other than the mere hiring of a material or service provider, allow any materialman’s or mechanic’s liens, or (ii) by any act or failure to act allow any other liens, deeds of trust, mortgages, or other encumbrances, to be placed on the whole or any portion of the Premises during the term of this Lease.

(b) Non-Disturbance. Landlord may place or leave in place a mortgage on the Premises, but only if Landlord shall have obtained from its mortgagee a written agreement with Tenant, in form and substance satisfactory to Tenant’s legal counsel, which agreement (including any extensions, modifications, renewals, consolidations, and replacements thereof) shall be binding on their respective successors and assigns and which provides that so long as Tenant shall not be in default in payment of Rent: (a) Tenant shall not be joined as a defendant in any proceeding which may be instituted to foreclose or enforce the mortgage; (b) Tenant’s possession and use of the premises in accordance with the provisions of this Lease shall not be affected or disturbed by reason of the subordination of this Lease to, or any modification of or default, under the mortgage; and (c) the mortgagee will subordinate arid subject its respective rights, if any, to any portion of the insurance proceeds otherwise payable to Landlord when and to the extent necessary for Landlord to comply with its obligations of repair and restoration hereunder.

13. INSURANCE

(a) Building Insurance. Throughout the Term, Landlord shall keep the buildings and improvements included in the Premises insured for the "full replacement value" thereof against loss or damage by perils customarily included under standard "all-risk" policies.

(b) Tenant’s Liability Insurance. Throughout the Term, Tenant shall maintain commercial general liability insurance, including a contractual liability endorsement, and personal injury liability coverage in respect of the Premises and the conduct or operation of business therein, with Landlord as an additional insured, with limits of not less than $3,000,000 combined single limit for bodily injury and property damage liability in any one occurrence. Each such policy of insurance shall provide that the same will not be canceled without at least 30 days prior written notice to Landlord. On written request by Landlord, Tenant shall deliver to Landlord certificates of insurance, showing that the insurance required to be maintained pursuant to the foregoing provisions of this Section 13(b) is in force and will not be modified or canceled without 30 days prior written notice being furnished to Landlord Thereafter, not less than 30 days prior to the expiration or termination of each such policy, Tenant shall furnish to

Landlord certificates showing renewal of, or substitution for, policies which expire or are terminated. The insurance to be maintained by Tenant pursuant to this Section 13(b) may be effected either by blanket or umbrella policies.

(c) Waiver of Subrogation. A party shall have no claim against the other or the employees, officers, directors, managers, agents, shareholders, partners or other owners of the other for any loss, damage or injury which is covered by insurance carried by such party and for which recovery from such insurer is made, notwithstanding the negligence of either party in causing the loss. The foregoing waiver and release shall not apply, however, to any damage caused by intentionally wrongful actions or omissions. Each party represents that its current insurance policies allow such waiver. Neither Landlord nor Tenant shall obtain or accept any insurance policy which would be invalidated by or which would conflict with this paragraph.

14. INDEMNIFICATION

Except as may otherwise be provided in this Lease, Tenant shall indemnify and hold harmless Landlord, its employees, officers, directors, managers, agents, shareholders, partners or other owners from and against any and all third-party claims arising from or in connection with (i) the conduct or management of the Premises or of any business thereon, or any condition created in or about the Premises during the term of this Lease, unless created by Landlord or any person or entity acting at the instance of Landlord; (ii) any act, omission or negligence of Tenant or any of its subtenants or licensees or its or their employees, officers, directors, managers, agents, shareholders, partners or other owners, invitees or contractors; (iii) any accident or injury or damage whatever, not caused by Landlord or any person or entity acting at the instance of the Landlord occurring in, at or upon the Premises. Tenant shall have the right to assume the defense of any such


 
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