EXHIBIT 10.20
EQUIPMENT LEASE
THIS LEASE executed as of February 1, 2004, between A-Y-K-E Partnership, a partnership (hereafter referred to as "LESSOR"), and Affholder, Inc., a Missouri corporation (hereinafter referred to as "LESSEE").
1. LESSOR leases to LESSEE, and LESSEE leases from LESSOR, one Lovat M-142 Tunnel Boring Machine, Series No. 6100.
2. The term of this Lease shall begin February 1, 2004 and shall end December 3l, 2004. If the leased property is retained by LESSEE after April 30, 2004 without the consent of LESSOR, then the liquidated damages shall be $25,000.00 plus $5050.00 per day.
3. The Leased property shall be used solely for the installation of 152" tunnel on the Evansville, Indiana.
4. LESSOR will be paid a lump sum of $100,000.00
5. LESSEE may not make alterations, additions or improvements to the leased property, without prior written notification to and approval by LESSOR. All such additions to and improvements shall immediately become the property of the LESSOR and subject to the terms of this Lease.
6. LESSEE, at its own cost and expense, shall keep the leased property in good repair, condition and working order, and shall not subject the leased property to careless or needlessly rough usage.
7. LESSOR shall at all times during business hours have the right to enter upon the premises where the leased property may be located for the purpose of inspecting it or observing its use.
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