2 (c) Communication Services means the two-way wireless tracking and mobile information management services provided to the Renter through or through XTRA Leasing and using the communication network provided by XTRA Leasing`s third party licensors. (d) Covered Event means the damage or loss of equipment reported to XTRA Lease within 72 hours resulting from the accidental fire of equipment by fire, the theft of equipment in the possession or control of the renter by a third party, or a collision with a third party as a result of a vehicle accident on a public highway. (e) The defect has the meaning defined in article 21. (f) `equipment` means the semi-trailer, chassis, refrigerated trailer or any other XTRA road, cardboard or rental storage equipment, as well as the connected trailer tracking unit and, where applicable, the associated sensors. THESE TERMS AND CONDITIONS apply to all transactions with XTRA Leasing, including but not limited to all leases or leases of XTRA leased equipment, whether they correspond to a long-term lease, national account agreement, short-term lease, equipment lease or any other contract. THE TERMS AND CONDITIONS CONTAIN A WAIVER OF A JURY TRIAL, WHICH CAN BE ENFORCED IN THE EVENT OF A DISPUTE BETWEEN XTRA`S LEASE AND THE TENANT. 1. DEFINITIONS. (a) Applicable law means all federal, state, local, or foreign laws, laws, regulations, ordinances, judgments, opinions, or ordinances applicable to the rental, use, possession, operation, maintenance, or control of the Equipment, including, but not limited to, the HDV and tru regulations (both defined in Section 17). (b) The victim`s loss value is equal to the value of a unit of equipment determined by XTRA Lease in its sole discretion on the first day of the month in which the loss or destruction occurs. 8 The Renter`s obligations under the Rental Agreement, including but not limited to payment of user fees, will remain in effect until the Equipment is returned to the XTRA Rental Agreement.
The Rental Agreement will be terminated upon the return of all Equipment subject to the Rental Agreement, except with respect to the provisions contained in the Rental Agreement or the terms and conditions intended to survive the termination of the Rental Agreement, including, but not limited to, limitations of liability, indemnification, confidentiality, payment and billing, damage and repairs to equipment, choice of law, location and waiver of jury proceedings. Notwithstanding any other wording contained herein or in them, nothing in the Rental Agreement transfers ownership rights to the Renter and all right, title and interest in and to the Equipment remains the property of XTRA-Leasing. 3. AUTHORITY AND ACCEPTANCE. By submitting an XTRA Leasing customer application, entering into a lease agreement with XTRA Leasing, taking over XTRA Leasing`s equipment, executing an equipment lease, paying invoices to XTRA Leasing or entering into any other transaction with XTRA Leasing, the tenant`s and tenant`s representatives represent and warrant that they are authorized on behalf of the lessee and, where applicable, on behalf of the companies identified in a National Account Agreement as affiliates of the Lessee that are authorized to lease equipment, enter into such agreements and transactions with XTRA Leasing and expressly confirm the receipt and continued acceptance of the STANDARD TERMS of XTRA Leases, as these STANDARD TERMS may be amended from time to time. 9 4. DELIVERY, RECEIPT AND RETURN. (a) As a condition of the tenant`s collection or return of the equipment to an XTRA rental location, the tenant`s agent must (i) provide proof of identification of the XTRA rental agreement in the form of a valid commercial driver`s license and (ii) sign the XTRA lease equipment rental agreement. The Renter acknowledges that the Renter`s agent has been authorized to collect, return and/or accept delivery of the XTRA Rental Agreement equipment, and that the signature of the Renter`s Seller on the XTRA Equipment Rental Agreement binds the Rental Agreement to the TERMS of this Equipment Rental Agreement and standard 2 general conditions. As amended from time to time. (b) By taking possession of the Equipment, the Renter acknowledges that he accepts the Equipment in good condition in good condition and in the condition specified in the Equipment Rental Agreement. 6(s) STANDARD TERMS means the STANDARD TERMS contained herein, as amended by XTRA Lease from time to time.
(t) Trailer Tracking Unit means the product developed by XTRA lease`s third-party licensor that provides mobile communication, tracking and other device management services. (u) User Fee means the required payments that the Renter must make to XTRA Leasing for each day (including Saturdays, Sundays and public holidays). The Equipment will be leased or leased to the Renter, whether or not such Equipment is in the use, possession, control or operation of the Renter, including, but not limited to, the rental price set forth in the Rental Agreement plus all other fees, charges and amounts payable by the Renter under the Rental Agreement. . . .