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The Equipment Lease Agreement is essential for businesses seeking to acquire equipment without substantial upfront capital investment. This document, governed by German law, particularly the German Civil Code (BGB) and Commercial Code (HGB), establishes a legally binding relationship between the lessor and lessee. It is commonly used when companies need specialized equipment for their operations but prefer operational expenditure over capital expenditure. The agreement covers crucial aspects including equipment specifications, lease duration, payment terms, maintenance responsibilities, insurance requirements, and return conditions. It's particularly relevant in today's business environment where equipment leasing offers flexibility and potential tax advantages compared to outright purchase.

1. Parties: Identification of lessor and lessee with full legal names, addresses, and registration details

2. Background: Context of the lease arrangement and brief description of the business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Equipment Description: Detailed description of the leased equipment including make, model, serial numbers, and condition

5. Lease Term: Duration of the lease, commencement date, and conditions for renewal

6. Rent and Payment Terms: Lease payment amounts, payment schedule, method of payment, and late payment consequences

7. Delivery and Installation: Terms regarding equipment delivery, installation requirements, and acceptance procedures

8. Use and Maintenance: Permitted use of equipment, maintenance responsibilities, and operating conditions

9. Insurance and Risk: Insurance requirements and allocation of risk for damage or loss

10. Warranties and Representations: Warranties regarding equipment condition and fitness for purpose

11. Return of Equipment: Conditions and procedures for equipment return at lease end

12. Default and Remedies: Events of default and available remedies for both parties

13. Liability and Indemnification: Limitation of liability and indemnification obligations

14. Termination: Grounds for termination and consequences

15. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

16. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments