A. Beneficiaries. This Lease shall inure to the benefit of, and be binding upon the parties hereto, their successors, assigns, transferees and their heirs, executors, administrators and legal representatives.
MVLUBER Page 14 of 21 rev 3/4/14 v.7.25.14
B. Change in Legal Ownership. Lessee agrees to provide written notice to Lessor of any change in its ownership structure and to provide copies of any and all documents evidencing such change thirty (30) days prior to the effectiveness of such change. Lessor reserves the right to terminate the Lease and take possession of the Vehicle upon a change in the ownership structure of Lessee which is not acceptable to Lessor.
C. Entire Agreement. This Lease constitutes the entire agreement between the parties, and cannot be amended or altered in any manner except in writing signed by both parties. In the event of a conflict between this Lease or the Uber Agreement, the terms of this Lease shall control. No oral modifications shall be permitted or recognized.
D. Construction; Jurisdiction; Waiver of Jury Trial. The substantive laws of the State of Texas shall govern the validity, construction, enforcement, and interpretation of this Lease. Lessee hereby consents to the personal jurisdiction of the state and federal courts located in the State of Texas in connection with any controversy relating to this Lease, waives any argument that venue in such forums is not convenient and agrees that any litigation instigated by the Lessee against the Lessor in connection herewith shall be venued in either the Texas State Court in Dallas County, Texas or the United States District Court for the Northern District of Texas. THE LESSEE AND LESSOR EACH WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE OTHER LEASE DOCUMENTS, OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, IN ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY OR PARTIES, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS, OR OTHERWISE. THE LESSEE AND LESSOR EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION SHALL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT OR THE OTHER LEASE DOCUMENTS OR ANY PROVISION HEREOF OR THEREOF. THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THIS AGREEMENT AND THE OTHER LEASE DOCUMENTS.
E. Severability. If any provision of this Lease is held to be illegal, invalid, or unenforceable under present or future laws effective during the term hereof, such provisions shall be fully severable; this Lease shall be construed and enforced as if such illegal, invalid, or unenforceable provisions had never comprised a part hereof; and the remaining provisions of this Lease shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Lease.
MVLUBER Page 15 of 21 rev 3/4/14 v.7.25.14
F. Notice/Address. Any notice or correspondence required to be given under this Lease or by an applicable provision of any state or federal law, regulation or resolution shall be given to Lessor at:
Lessee at the Lessee’s Billing Address:
The Vehicle will be garaged at:
G. Waiver. In the event that Lessor shall, during the term hereof, waive any provision contained herein, such waiver shall not be deemed continuing, and Lessor may at any time exercise all available remedies set forth herein without further notice.
H. Cellphones and E-Mail. Lessee agrees that all of the following apply: (i) Lessor may monitor and record telephone calls regarding this Lease to assure the quality of our service or for other reasons; (ii) Lessee expressly consents to Lessor using prerecorded/artificial voice messages, text messages and/or automatic dialing equipment while servicing or collecting this Lease, as the law allows; (c) Lessee agrees that Lessor may take these actions using the telephone number(s) and email addresses that Lessee provides in any credit application, in the future, or Lessor gets from another source, even if the telephone number is for a mobile or cellular telephone and/or Lessor’s using the number results in charges to Lessee.
I. Arbitration. YOU AGREE THAT ANY AND ALL CLAIMS WILL BE RESOLVED BY INDIVIDUAL ARBITRATION AND NOT IN COURT IF YOU OR LESSOR REQUESTS ARBITRATION. YOU WAIVE ALL RIGHTS TO PROCEED IN A CLASS ACTION OR CLASS ARBITRATION. Any controversy or claim between or among you and Lessor, including, but not limited to, those arising out of or relating to the Vehicle, this Lease or any related agreement or any claim based on or arising from an alleged tort, shall at the request of either party be determined by individual arbitration except for proceedings in small claims court, self-help vehicle recovery, and other self-help such as the exercise of set-off rights. The arbitration shall be governed by the Federal Arbitration Act (Title 9, U.S. Code), and under the authority and the applicable rules and procedures of the American Arbitration Association (“AAA”) then in effect which are available at www.adr.org or by contacting AAA at www.adr.org. If AAA no longer arbitrates the type of dispute at issue, the arbitration organization shall be an organization you propose that is acceptable to Lessor and the rules and procedures shall be the rules and procedures of that arbitration organization. Arbitrator(s) must be licensed attorneys. The arbitration shall take place in the state in which you
MVLUBER Page 16 of 21 rev 3/4/14 v.7.25.14 reside and shall apply the law of the state where Dealer is located. If you do not reside in the United States, the arbitration shall take place in the state in which Dealer is located. Lessor will advance all arbitration forum administrative fees, which the arbitrator(s) may decide that you must repay unless such repayment would be prohibited under state law if the dispute were resolved in court. You will be responsible for paying Lessor’s costs, attorneys’ fees and expenses unless you prevail, in which case your right to payment of such costs will be determined by the arbitrator(s) applying state law. Neither Lessor nor you shall be entitled to join or consolidate disputes by or against others in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or to action any arbitration in the interest of the general public or in a private attorney general capacity. If this waiver of class proceedings is held to be unenforceable, the entire arbitration provision is void and the remainder of the Lease remains enforceable.
MVLUBER Page 17 of 21 rev 3/4/14 v.7.25.14