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<br />the terms of this Lease to reflect a change in one or more of the following conditions:
<br />(a) Lessor's actual cost of procuring the Equipment, or
<br />(b) Lessor's actual cost of providing the Equipment to Lessee, or
<br />(c) A change in rental payments as a result of (1) or (2), above, or
<br />(d) Description of the Equipment.
<br />Lessee agrees that any such amendment shall be described in a letter from Lessor to Lessee, and unless within 15 days after the date of such
<br />letter, Lessee objects in writing to Lessor, this Lease shall be deemed amended and such amendments shall be incorporated in this Lease herein
<br />as if originally set forth.
<br />Lessee grants to Lessor a specific power of attorney for Lessor to use as follows: (1) Lessor may sign and file on Lessee's behalf any document
<br />Lessor deems necessary to perfect or protect Lessor's interest in the Equipment or pursuant to the Uniform Commercial Code; and (2) Lessor
<br />may sign, endorse or negotiate for Lessor's benefit any instrument representing proceeds from any policy of insurance covering the Equipment.
<br />10. LOCATION. The Equipment shall be kept at the location specified above or, if none is specified, at Lessee's address as set forth above
<br />and shall not be removed without Lessor's prior written consent.
<br />11. USE. Lessee shall use the Equipment in a careful manner, make all necessary repairs at Lessee's expense, shall comply
<br />with all laws relating to its possession, use, or maintenance, and shall not make any alterations, additions, or improvements to
<br />the Equipment without Lessor's prior written consent.
<br />12. OWNERSHIP, PERSONALITY. The Equipment is, and shall remain, ilie property of Lessor, and Lessee shali 'hav~ no right, title,
<br />or interest in the Equipment except as expressly set forth in this Lease. The Equipment shaH remain personal property even though installed
<br />in or attached to real property.
<br />13. SURRENDER. By this Lease, Lessee acquires no ownership rights in the Equipment, and has no option to purchase same, Upon the
<br />expiration, or earlier termination or cancellation of this Lease, or in the event of a default under Paragraph 21, hereof, Lessee, at its expense,
<br />shall return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering it, packed and
<br />ready for shipment, to such place or carrier as Lessor may specify.
<br />14. RENEWAL. At the expiration of the Lease, Lessee shall return the Equipment in accordance with Paragraph 13, hereof. At Lessor's
<br />option, this Lease may be continued on a month-to-month basis until thirty (30) days after Lessee returns the Equipment to Lessor. In the event
<br />the Lease is so continued, Lessee shall pay to Lessor rentals in the same periodic amounts indicated under. Amount of Each Payment, . above.
<br />15. LOSS AND DAMAGE. Lessee shall at all times after signing this Lease bear the entire risk of loss, theft, damage or destruction of
<br />the Equipment from any cause whatsoever, and no loss, theft, damage or destruction of the Equipment shall relieve Lessee of the obligation to
<br />pay rent or to comply shall immediately place the same in good repair at Lessee's expense. If Lessor determines that may part of the Equipment
<br />is lost, stolen, destroyed, or damaged beyond repair, Lessee shall, at Lessee's option, do one of the following:
<br />(a) Replace the same with like equipment in good repair, acceptable to Lessor; or
<br />(b) Pay Lessor in cash the following: (i) all amounts due by Lessee to Lessor under this Lease up to the date of the loss; (ii) the accelerated
<br />balance of the total amounts due for the remaining term of this Lease attributable to said item, discounted to present value at a discount rate of
<br />9 % as of the date of loss; and; (iii) the Lessor's estimate as of the time this Lease was entered into of Lessor's residual interest in the Equipment
<br />discounted to present value at a discount rate of 9 %, as of the date of loss. Upon Lessor's receipt of payment as set forth above, Lessee shall
<br />be entitled to title of the Equipment without any warranties. If insurance proceeds are used to fully comply with this subparagraph, the balance
<br />of any such proceeds shall go to Lessee to compensate for loss of use of the Equipment for the remaining term of the lease.
<br />16. INSURANCE; LIENS; TAXES. Lessee shall provide and mainmin insurance against loss, theft, damage or destruction of the
<br />Equipment in an amount not less than the full replacement value of the Equipment, with loss payable to Lessor. Lessee also shall provide and
<br />maintain comprehensive general all-risk liability insurance including but not limited to product liability coverage, insuring Lessor and Lessee,
<br />with a severability of interest endorsement, or its equivalent, against any and all loss or liability for all damages, either to persons or property
<br />or otherwise, which might result from or happen in connection with the condition, use, or operation of the Equipment, with such limits and with
<br />an insurer satisfactory to Lessor. Each policy shall expressly provide that said insurance as to Lessor and its assigns shall not be invalidated
<br />by any act, omission, or neglect of Lessee and cannot be cancelled without thirty (30) days prior wrinen notice to Lessor. As to each policy
<br />Lessee shall furnish to Lessor a certificate of insurance from the insurer, which certificate shall evidence the insurance coverage required by
<br />this paragraph. Lessor shall have no obligation to ascertain the existence of or provide any insurance coverage for the Equipment or for Lessee's
<br />benefit. If Lessee fails to provide such insurance, Lessor will have the right but no obligation, to have such insurance protecting Lessor placed
<br />at Lessee's expense.
<br />Such placement will result in an increase in Lessee's periodic payments. such increase being attributed to Lessor's costs of obtaining such
<br />insurance and any customary charges or fees of Lessor's or it's designee associated with such insurance.
<br />Lessee shall keep the Equipment free and clear of all levies, liens, and encumbrances. Lessee shall pay all charges and taxes (local, state
<br />and federal) which may now or hereafter be imposed upon the ownership. leasing, rental, sale, purchase, possession, or use of the Equipment,
<br />excluding, however, all taxes on or measured by Lessor's net income. If Lessee fails to pay said charges or taxes, Lessor shall have the right,
<br />but shall not be obligated, to pay such charges or taxes. In that event, Lessor shall notify Lessee of such payment and Lessee shaH repay to
<br />Lessor the cost thereof within fifteen (15) days after such notice is mailed to Lessee.
<br />17. INDEI\1NITY. Lessee shall indemnify Lessor against any claims, actions, damages, or liabilities, including all attorney fees, arising out
<br />of or connected with Equipment, without limitation. Such indemnification shall survive the expiration, cancellation, or termination of this Lease.
<br />Lessee waives any immunity Lessee may have under any industrial insurance act, with regard to indemnification of Lessor.
<br />18. ASSIGNMENT BY LESSOR. Any assignee of Lessor shall have all of the rights but none of the obligations of Lessor under this
<br />Lease. Lessee shall recognize and hereby consents to any assignment ~f this Lease by Lessor, and shall not assert against the assignee any
<br />defense, counterclaim, or setoff that Lessee may have against Lessor. Subject to the foregoing, this Lease inures to the benefit of and is bringing
<br />upon the heirs, devises, personal representatives, survivors, successors in interest, and assigns of the parries hereto.
<br />19. SERVICE CHARGES; INTEREST. If Lessee shall fail to make any payment required by this Lease within ten (10) days of the due
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