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RENT A CAR
let HERTZ put you in the driver's seat!
Lessor identified on Page 2 hereby rents to the customer(s) undersigned on Page 2 (herein called "Customer") the motor vehicle described on Page 2 therein called "vehicle" subject to all the terms and provisions on Page 1 and Page 2 of this Rental Agreement, in consideration whereof Customer acknowledges and agrees:
1. Vehicle is the property of Lessor and is in good mechanical condition. Customer will return vehicle, together with all tires, tools, accessories and equipment, in the some. condition as when received, ordinary wear and tear excepted, to the place and on the date specified on Page 2, or sooner if demanded by lessor.
Under no circumstances shall vehicle be used, operated or driven: (A) for the transportation of persons or property for hire; (B) by any person in violation of low as to age, or by any person who has given to Lessor a fictitious name or false age or address; (C)-in any race, speed test or contest; (D) to propel or tow any vehicle or trailer; ori (E) by any person other than Customer, except (1) a member of Customer's immediate family; (2) Customer's employer; (3) an employee of Customer in the course of such employee's regular and usual employment by Customer; PROVIDED that any such person specified in (1), (2) or (3) must have first obtained Customer's permission, and PROVIDED FURTHER that no person, including Customer, shall operate or drive vehicle unless such person is a qualified licensed driver. The foregoing restrictions are cumulative, and each of them shall apply to every use, operation or driving of vehicle.
Customer will pay Lessor on demand all time and mileage, service, minimum or other charges to be entered on Page 2, of the rates so shown or in accordance with any of the provisions of this Rental Agreement. Subject to paragraphs 6 and 8 hereof, Customer is responsible for and will reimburse Lessor on demand for all loss of or damage of whatsoever kind or nature to vehicle or the tires, tools, accessories and equipment therein or thereon. but Customer's liability for such loss or damage shall not exceed $100 unless vehicle was used, operated or driven in violation of any of the provisions of this Rental Agreement. The person signing this Agreement and any other person, firm or organization to whom the person so signing directs that charges be billed shall each be deemed a Customer hereunder and shall be jointly and severally liable for the payment of all moneys due or to become due by reason of this Agreement.
Customer or the driver of vehicle shall in no event be or be deemed the agent, servant or employee of Lessor in any manner or for any purpose whatsoever.
5. Lessor shail not be liable for loss of or damage to any property left, stored or transported by Customer or any other person in or upon vehicle either before or after the return thereof to Lessor, whether or not said loss or damage was caused by or related to the negligence of Lessor, its agents, servants or employees. Customer hereby assumes all risk of such loss or damage and waives all claims against Lessor by reason thereof, and Customer hereby agrees to hold lessor harmless from and to defend and indemnify Lessor against all claims based upon or arising out of such loss or damage.
& Customer shall not be liable to Lessor on account of non-collision losses to vehicle covered by a standard comprehensive insurance policy, including losses due to fire and theft.
Vehicle is covered by an automobile liability insurance policy, a copy of which is available for inspection at the main offices of lessor upon request by Customer Said policy contains bodily injury or death liability limits of $100,000 for each person in each accident, $300,000 limits for all persons in each accident, and property damage liability limits of $25,000 for each accident. Customer, being an assured under said policy, agrees to comply with and be bound by all terms, conditions, limitations and restrictions thereof, which are hereby incorporated by reference herein and made a part of this Rental Agreement as fully as if set fog length, including those terms, conditions, limitations and restrictions of which no specific mention is made herein. It is a requirement of said policy that Customer or the driver of the vehicle must intimediately after any accident report the same to Lessor at the location where vehicle was delivered to Customer, and must immediately deliver to Lessor at said location, or the insurer, every process, pleading or paper of any kind relating to any claim, demand, suit or proceeding, received by Customer or said driver in connection with any accident or occurrence involving vehicle. Said policy further requires that Customer and the driver shall refrain from aiding or abetting the assertion Customer or the driver of vehicle, of any claim, with Lessor and the insurer in defense of I or suit. does not apply any or any insurance carrier, may be held liable under any workmen's compensation disability benefits law, or under any similar law; (B) any obligation assumed by Customer or by such driver under any contract of whatever nature; (C) injury to or destruction of property owned by, rented to, in charge of or transported by Customer or the drivers or (D) any liability of Customer or the driver, or of the employer of either, with respect to bodily injury, sickness, disease or death, or damage to property, caused while vehicle is being used to carry passengers for a consideration, express or implied, or while being operated (1) by any person in violation of law as to age; (2) in any race or speed fest or contest; (3) to propel tow any trailer or vehicle used as a trailer; (4) by any person other than (a) Customer, (b) Customer's employer, (c) a person regularly empryed by Customer in the usual course of his business, (d) any partner or executive officer of Customer, or (e) a member of the immediate family of Customer or of any partner or executive officer of Customer, provided, however, that no such member of the immediate family is insured under the policy unless said person is a qualified licensed operator: 1 or (5) by any person who has given a fictitious name or false address to Lessor. Notwithstanding anything herein contained, if any of the terms, conditions, limitations or restrictions of said policy are in conflict with the statutes of the state wherein vehicle is rented, said policy is hereby amended to conform to such statutes. In states where permitted by law or regulation (and to the extent so permitted), the liability coverage described above may be subject to the same terms, conditions, restrictions and limitations hereinbefore described, under a bond or self-insurance or similar arrangement, in lieu of or in combination with such policy. 8. For provisions, relating to collision damage waiver see Page 2.
9. The number of miles over which the vehicle shall have been operated pursuant to this Rental Agreement shall be determined by reading the standard mileage recording device attached to the vehicle by the manufacturer.
10. Without limitation of any general obligations or responsibilities imposed by other provisions of this Rental Agreement, Customer shall be solely liable and responsible for all fines, penalties and forfeitures imposed for parking or traffic violations while the vehicle is held, used, operated, or driven pursuant to this Rental Agreement. 11. No right of Lessor under this Rental Agreement may be waived except by a written instrument duly signed by the President and Secretory of Lessor.
Q. The G.A.O. audit of your travel during the 89th Congress was unable to turn up any record of your transportation to and from Miami for the period we have been talking about. Can you account for the absence of any record of your travel?
A. No, I cannot.
Q. Did you travel on that occasion on an air line ticket purchased with Committee funds?
A. I would assume so.
Q. Mr. Schwartz, I now hand you what has been marked "Witness Schwartz Exhibit Number 4" for identification, being a spread sheet prepared by G.A.0. showing the partial results of the audit of your travel and specifically reflecting the trips we have discussed here today and also showing certain travel by air where where part of the air line ticket has not been used or returned for refund according to air line records. Would you examine the exhibit and tell us whether you have any objection to the exhibit being introduced into the record at the hearings which the Special Subcommittee on Contracts of the Committee on House Administration will hold beginning December 19?
A. I have no objection to this exhibit being introduced into the hearing record. MICHAEL SCHWARZ.