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Internal Affairs Unit - Cleveland.com

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9, Severability. If any provlslon of this· Agreement is determined to be unlawful, contrary 10 pubnc poUcy, void or<br />

unenforceable. all remaining provisions shall continua in full force and effect<br />

10. Llmltatlon of Remedy/No Consequential Damages. If Owner breaches any of Its obligations under this<br />

Agreement and/or If Vehicle has any mechanical failure or other failure not caused by Renter or AAO(s) and If Owner<br />

is liable under applicable Jaw for such breach or Vehk:le failure, Own.,.. sol. liability to Renter and MO(s) and<br />

Renter's and MD(s)' sole remedy Is limited to the substitution of another similar Vehk:le by Owner to Renter and to<br />

recovery by Renter of the pro rata daify rental rate for the period In which Renter or AAO{s) did not have use of<br />

Vehicle or substiMe Vehicle. RENTER AND MO(SI WI>JVE ALL CLAIMS FOR CONSEQUENlIAL, PUNITlVE,<br />

AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVI>JLABLE TO RENTER OR MO(Sl. SUCH<br />

DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO RENTER OR MO(Sl.<br />

11. Optional Damage Waiver<br />

DAMAGE WAIVER IS NOT INSURANCE. THE PURCHASE OF DAMAGE WAIVER IS OPTIONAL AND<br />

NOT REQUIRED IN ORDER TO RENT A VEHICLE.<br />

Renter may purchase optional Damage Waiver (OW) from Owner for an additional fee. If Renter purchases OW,<br />

Owner agrees, subject to the actions that Invalidate OW listed below. to contractually waive Renter's responslbiHty for<br />

all of the cost of damage to. loss or theft of, Vehicle or any part or accessory and rstated costs regardless of fault or<br />

negligence". Notwithstanding anything to the contrary and unless prohibited by law, OW does not apply to lost keys.<br />

key fobs· or transpondem, OW does not apply to damage occurring in Mexico. When deciding whether or not to purchase<br />

OW, you may wish to check with your Insurance representative or aedlt card <strong>com</strong>pany to determine whether, in the event<br />

of damage to, or theft of, Vehicle, you have coverage or protection for such damage or theft and the amount of your<br />

deductible or out-of-pocket risk .<br />

THE FOLLOWING SHALL INVALIDATE DW:<br />

a.lf Vehicle is damaged when used or driven:<br />

(1) by any person other than Renter or .AAO{s) without ONner's prior written consent;<br />

(2) by any person If there Is reasonable evidence the driver was Impaired by the use of alcohol.<br />

narcotlcs.lntc»dcants, or drugs, used with or without a prescription;<br />

(3) by any person <strong>com</strong>mltung a felony or otherwise engaged in. a criminal act<br />

(4) In a rooe or speed contes!;<br />

(5) to tow or push anything;<br />

(6) oulSide the states authorized on Page 1;<br />

(7) under autholity of any license that Is suspended, revoked, Invalid or does not belong to the driver;<br />

(8) to transport persons or property for hire;<br />

(9) In a wanton or reckless manner or if Vehicle is deliberately damaged;<br />

(10) on an unpaved road or off road;<br />

(11) to transport explosives, chemicals, corrosives or other hazardous materials or poUutants of any kind; or<br />

b. if Renter rrllsrepresents facts to Owner pertaining to rental, use, or operation of Vehicle; or<br />

c. If Vehicle's Interior <strong>com</strong>ponents are stofen or damaged when Vehicle Is unlocked or keys are not secured; or<br />

d. if Renter falls or refuses to provide Owner, police, or other authorities with a full report of any aocldent or vandalism<br />

Involving Vehicle or otherwtse falls to cooperate with Owner. pollca. or other authorities In the Investigation<br />

of any accident or vandalism; or<br />

e. "Vehlcl.iS stolen and Renter falls to do any of the following:<br />

(1) return the original Ignition key and Own.fs key tag IdenHfying VeIlk:le;<br />

(2) file a police report within 24 hours after discovering thelheft;<br />

(3) cooperate fully with Owner, police and other authorffies in all matters connected with the Investigation of the theft.<br />

12. Headings. The headings of the numbered paragraphs of this Agreement are for convenience only, are not part of this<br />

Agreement and do not in any way limit. modify or amplify the terms and conditions of this Agreement<br />

13. RelNse of InfOrmation to Third Parties. Renter agrees Owner. may, and Renter expressly authorizes Owner, to<br />

provide infcinnation in Owner's possession about Renter and AAO(s), including but nof limited to such driver's name,<br />

address and driver's license information to: applicable authorities. where solidted; andlor applicable authorities or other<br />

third partles, In connectfon with Owner's enforcement of lis rights under this Agreemenl<br />

b

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