Technology Loan Agreement. 1. Term of Agreement. This agreement is effective from and after August 20, 2020 and shall remain in force, except as otherwise provided, so long as the student named above is enrolled in USD 458 for the current school year. In the event the student named above is no longer enrolled in USD 458, Lessor may terminate this Agreement immediately by giving written notice of termination to Lessees. 2. Use of Loaned Equipment. The loaned equipment may be used by the student named above only for USD 458 activities. It shall not be used by any other person and shall not be used for any personal or business activities. Lessor will not support any software added to the computer in violation of this Agreement and Lessor will not be held responsible or liable in any way by damage caused, directly or indirectly, by use of the Loaned Equipment in violation of this Agreement 3. Title to Equipment. All Loaned Equipment remains the property of Lessor, who retains legal title to such equipment during the term of this Agreement. 4. Return of Loaned Equipment. Upon termination of this Agreement, Lessees shall immediately return to Lessor all LoanedEquipment. If all Loaned Equipment is not returned to Lessor within thirty (30) days after termination of this Agreement and Lessee later recovers the Loaned Equipment, then Lessees agree to pay a recovery fee to Lessor in an amount equal to the actual costs of recovering the Loaned Equipment, including, but not limited to, attorney fees, court costs, and collection agency fees. If the Loaned Equipment is not recovered, then the Lessees agree to pay a replacement fee to Lessor in an amount equal to the actual costs of replacing the Loaned Equipment, including, but not limited to, attorney fees, court costs, and collection agency fees. 5 Governing Law; Construction. This Agreement shall be interpreted and enforced according to the laws of the State of Kansas applicable to agreements made and to be entirely performed therein. All headings of sections of this Agreement are inserted for convenience only and do not form part of this Agreement or limit, expand, or otherwise alter the meaning of any provisions hereof. 6. Assignability. Neither Lessor or Lessees shall assign, encumber, convey or otherwise transfer any or all of its rights, obligation or interests hereunder without the express prior written consent of the other party. 7. Entire Agreement. This Agreement contains and constitutes the entire agreement of the two parties regarding the subject matter hereof; and there are no other agreements, written or oral, between the parties affecting the subject matter hereof. 8. Amendments: Waivers. This Agreement may be amended, modified, superseded, cancelled, renewed, or extended, and the terms and covenants hereof may be waived only by a written instrument executed by the parties hereto. The failure of any party at any time or times to require performance of any provision hereof shall not affect in any manner the right of such party to enforce the same at a later time. The undersigned has caused this Agreement to be executed the day and year first above written. *
