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<br />lIle terms of lIlis Lease to reflect a change in one or more of !he following conditions:
<br />(a) Lessor's actual cost of procuring lIle Equipment, or
<br />(b) Lessor's actual cost of providing lIle Equipment to Lessee, or
<br />(c) A change in rental payments as a result of (1) or (2), above, or
<br />(d) Description of lIle Equipment.
<br />Lessee agrees that any such amendment shall be described in a letter from Lessor to Lessee, and unless willlin 15 days after lIle date of such
<br />lettcr, Lessee objects in writing to Lessor, lIlis Lease shall be deemed amended and such amendments shall be incorporated in lIlis 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 lIle 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 willlout 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. O\VNERSHIP, PERSONALITY. The Equipment is, and shall remain, the property of Lessor, and Lessee shall have no right, title,
<br />or interest in the Equipment except as expressly set forth in lIlis Lease. The Equipment shail remain personal property even lIlough ins tailed
<br />in or attached to real property.
<br />13. SURRENDER. By tllis Lease, Lessee acquires no ownership rights in tile Equipment, and has no option to purchase same, Upon the
<br />expiration, or earlier ternlination or cancellation of lIlis Lease, or in the event of a default under Paragraph 21, hereof, Lessee, at its expense,
<br />shall return lIle Equipment in good repair, ordinary wear and tear resulting from proper use lIlereof alone excepted, by delivering it, packed and
<br />ready for shipment, to such place or carrier as Lessor may specify.
<br />14. RENE\V AL. At lIle 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-monlll basis until thirty (30) days after Lessee returns the Equipment to Lessor. Inllle event
<br />the Lease is so continued, Lessee shall pay to Lessor rentals in lIle 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 lIle entire risk of loss, tlleft, damage or destruction of
<br />tile Equipment from any cause whatsoever, and no loss, theft, damage or destruction of tile Equipment shall relieve Lessee of tile obligation to
<br />pay rent or to comply shall immediately place lIle same in good repair at Lessee's expense. If Lessor determines lIlat may part of tile Equipme:nt
<br />is lost, stolen, destroyed, or damaged beyond repair, Lessee shall, at Lessee's option, do one of the following:
<br />(a) Replace tile same witll like equipment in good repair, acceptable to Lessor; or
<br />(b) Pay Lessor in cash tile following: (i) all amounts due by Lessee to Lessor under lIlis Lease up to the date of the loss; (ii) tile accelerated
<br />balance of tile total amounts due for lIle remaining term of this Lease attributable to said item, discounted to present value at a discount rate of
<br />9 % as of lIle date of loss; and; (iii) lIle Lessor's estimate as of lIle time this Lease was entered into of Lessor's residual interest in lIle Equipment
<br />discounted to present value at a discount rate of9%, as of lIle date of loss. Upon Lessor's receipt of payment as set forlll above, Lessee shall
<br />be entitled to title of lIle 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 lIle Equipment for lIle remaining term of lIle lease.
<br />16. INSURANCE; LIENS; TAXES. Lessee shall provide and maintain insurance against loss, theft, damage or destruction of the:
<br />Equipment in an amount not less lIlan the full replacement value of tile Equipment, willl 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 />willl a severability of interest endorsement, or its equivalent, against any and all loss or liability for all damages, eilller to persons or property
<br />or olllerwise, which might result from or happen in connection with the condition. use, or operation of the Equipment. willl such limits and willl
<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 tllirty (30) days prior wrillen notice to Lessor. As to each policy
<br />Lessee shall furnish to Lessor a certificate of insurance from lIle insurer, which certificate shall evide:nce 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 lIle 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 per~odic 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 willl such insurance.
<br />Lessee shall keep lIle 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 tile ownership, leasing, rental, sale, purchase, possession, or use of lIle 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 lIlat event, Lessor shall notify Lessee of such payment and Lessee shall repay to
<br />Lessor lIle cost thereof willlin fifteen (15) days after such notice is mailed to Lessee.
<br />17. IJ'It'DEMNITY. Lessee shall indemnify Lessor against any claims, actions, damages, or liabilities, including all attorney fees, arising out
<br />of or cOllllected 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 tile rights but none of the obligations of Lessor under this
<br />Lease. Lessee shall recognize and hereby consents to any assignment lilf 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 benetit of ami is bringing
<br />upon the heirs, devises. personal representatives, survivors, successors in interest, and assigns of the parties 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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