Lease Program Definitions
Dispenser Subleasing Information
The Distributor subleases the Dispenser(s).
The Sublease for each Dispenser begins when it is installed ("Effective Date") and continues for an initial period of five (5) years, and, unless otherwise terminated, will continue on year-to-year basis thereafter.
GP Ownership of Dispensers
Georgia-Pacific Consumer Products LP ("GP") owns the Dispensers and leases them to Distributor. GP is a third party beneficiary of the Sublease. The End-User is authorized to use the Dispensers only as permitted in the Sublease. The End-User may not sublease, sell, transport, transfer or otherwise dispose of the Dispensers without GP's written consent.
Requirements For Use
The End-User will permit GP, Distributor and their agents reasonable access to the premises where the Dispensers are located during regular business hours for the purpose of inspecting, repairing, modifying, exchanging or removing the Dispensers.
The End-User may only use the Dispensers for the sole purpose of dispensing, under GP trademarks, GP branded towels, tissue, soap, air freshener or other sanitary dispensed products (collectively "Products") authorized for use in the Dispensers, and (b) unless otherwise approved by GP, those Products must be purchased from Distributor. Violating this section is a material breach of this Sublease and will void the warranty.
The End-User will not (nor permit others to) (a) remove from the Dispensers any parts, labels, trademarks, names, logos or other markings, or (b) tamper with, alter, or add devices to the Dispensers in any manner without GP's written consent.
Warranty and Repair
The Dispenser will be free from defects in workmanship and materials under normal use with conforming Products for five (5) years after the Dispenser is installed; provided, however, Distributor or the End-User will, promptly after discovering any alleged defect, report in writing to GP the location of the allegedly defective Dispenser, the nature of the defect, and the date of the installation. Other than this warranty, GP and Distributor disclaim all other warranties with respect to the Dispensers, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.
If GP determines that defects in workmanship or material exist in any Dispenser, then GP will, in its sole discretion, either repair the defects, provide replacement parts or replace the Dispenser. The remedies stated herein are the sole and exclusive remedies to which You are entitled for defects in material or workmanship under the warranty in Section 6. Neither the initial lease term nor the warranty under Section 6 will renew when GP replaces a Dispenser under this Section 7 (or for any other reason), but continues from the date the initial Dispenser was installed. Except for the repair or replacement remedy in this Section 7, You will be responsible for all other Dispenser maintenance and repair and all related costs.
Neither GP nor Distributor will be liable for losses, damages, costs or expenses resulting from (a) the End-User's or any other third party's improper installation, improper use, or abuse of Dispensers, or (b) use of products not authorized by GP for use in Dispensers. Neither GP nor Distributor will be liable to the End-User, under any legal theory or cause of action at law or in equity, for indirect, consequential or incidental damages with respect to (a) the limited warranty in Section 6; (b) the corresponding remedy in Section 7; or (c) for any other damages or remedies of any kind beyond those provided in this Sublease. Right of Removal and Repossession of Dispensers.
The Dispensers will not become fixtures when installed, and the End-User will not (a) encumber nor (b) allow liens to attach to the Dispensers. If the End-User violates any of the terms or conditions hereof, or upon GP's or Distributor's notice of termination, then within thirty (30) days from the End-User's receipt of GP's or Distributor's notice thereof, the End-User will either (a) permit GP, Distributor, or their agents to remove the Dispensers from the premises during regular business hours at GP's or Distributor's expense; or, (b) return the Dispensers at the End-User's expense to the party making the demand. If the End-User fails to comply as provided in this Section within the thirty (30) days, GP, Distributor, and their agents, may enter the End-User's premises at any time(s) during regular business hours to remove the Dispensers without incurring liability for any damage to the premises that was reasonably necessary for such removal. The terms of the Subleases are subordinate to the Master Lease Agreement between Distributor and GP and is governed by Georgia law.