Agreement made at _________, on the _________ day of _________, (year), by and between _________, as LENDER, domiciled at _________, hereupon represented by _______________ in his capacity as ________________, party of the first part, and _________________, as BORROWER, domiciled at ____________, hereupon represented by __________________ in his capacity as _________, party of second part, under the following terms, to wit:
One. In accordance with the provisions of section _________ and the following ones of the Código Civil (Civil Code) __________________, Lender hereby delivers unto Borrower ________________ on loan for use, having the following characteristics: __________________.
Two. Borrower hereby expressly acknowledge that ________________, the subject-matter hereof, belongs to Lender, and he takes it gratuitously for use.
Three. Borrower hereby agrees to use ________________, for the purpose of ______. Default in comliance with this provision shall cause these presents to be terminated without notice and entitle Lender to file a claim for damages.
Four. If after fifteen (15) days as from delivery date, no considerable objection were made by Borrower concerning the condition of the property hereof, it shall be understood that it is on good cleanliness and maintenance condition and Borrower agrees to return it to Lender in the same condition as it now is, all the repairs necessary to maintenance thereof being at the former's sole expense.
Five. Borrower consents to inspection of the property by Lender whenever the latter so requires, either in person or through the agent to be appointed therefor.
Six. Lender may at any time require Borrower to return the property, which the latter shall do within forty-eight (48) hours following such notice. In the event that Borrower fails to return the property within the term hereinabove fixed, a fine in the sum of pesos mexicanos (mexican pesos) __________________ for each day of delay shall be imposed upon him until the property is returned definitively and in as good condition as received. Payment of said fine shall not be construed as a denial of Lender's right to bring an action for damages.
Seven. Should the property, or any part thereof, suffer any damage due to reasonable wear and teat, or to any defect inherent therein, repair or maintenance there of shall be at Lender's sole expense and Borrower shall not be held liable therefor.
Eight. Should said damage be caused by fault, negligente of or missuse by Borrower, and this fact were duly ascertained by Lender, Borrower shall be liable therefor. Should the property be lost or destroyed due to such reasons as herein stated, Borrower should pay to Lender the full value thereof or replace it by an identical one, as long as this can be done and is satisfactory to Lender, within a maximum term of __________ days ________ as from the date said loss or destruction occurred.
Nine. To all effects, replacement value as set forth in paragraph eight herein, is hereby fixed in the sum of ___________, to be updated according to the increase in the 'Wholesale Price' index within the corresponding item, issued by the __________.
Ten. These presents shall not be transfered and the total or partial assignment of the duties and rights arising herefrom is hereby expressly forbidden.
Eleven. In no case and under no circumstances shall Borrower keep and retain possession of the property hereof.
Twelve. The fact that one of the parties suffers breach of any covenant hereunder by the other shall not be construed as an acceptance of such breach nor as consent to repetition thereof.
Thirteen. To all legal effects, the parties hereto submit to the ordinary jurisdiction of the courts of ________________________, hereby waiving any other jurisdiction, and they establish their domicile by choice at the addreesses first written.
In agreement whereon, ________________ copies are signed and each party receives his upon the execution hereof.
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