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<br />payable under this Lease, then Lessor will consider extending said lease subject to economic conditions and subject to formal credit
<br />approval.
<br />
<br />9. NO WARRANTIES BY LESSOR~ MAINTENANCE~ COMPLIANCE WITH LAWS. LESSEE
<br />ACKNOWLEDGES THAT IT HAS SELECTED THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR,
<br />ITS AGENTS OR EMPLOYEES. LESSEE ACKNOWLEDGES THAT LESSOR, NOT BEING THE
<br />MANUFACTURER OR VENDOR OF THE EQUIPMENT, NOR MANUFACTURER'S OR VENDOR'S AGENT, AND
<br />HAVING NO FAMILIARITY WITH THE EQUIPMENT WHATSOEVER, MAKES NO WARRANTY OR
<br />REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE FITNESS FOR A PARTICULAR PURPOSE,
<br />USE, VALUE, QUALITY, DESIGN, CONDITION, DURABILITY, CAPACITY, SUITABILITY, MERCHANTABILITY
<br />OR PERFORl'1ANCE OF THE EQUIPMENT OR OF THE MATERIAL OR WORKMANSHIP THEREOF. IT IS
<br />AGREED THAT LESSOR LEASES AND LESSEE HIRES THE EQUIPMENT "WHERE IS," "AS IS" AND "WITH
<br />ALL FAULTS," INCLUDING, WITHOUT LIMITATION, PATENT OR LATENT DEFECTS, AND THAT ALL SUCH
<br />RISKS, AS BETWEEN THE LESSOR AND THE LESSEE, INCIDENT THERETO ARE TO BE BORNE BY THE
<br />SSEE AT ITS SOLE RISK AND EXPENSE. LESSEE AGREES NOT TO ASSERT ANY CLAIM WHATSOEVER
<br />:AINST THE LESSOR BASED THEREON, INCLUDING, WITHOUT LIMITATION, CLAIMS BASED ON ANY
<br />uKEACH OF VENDOR'S OR MANUFACTURER'S WARRANTIES OR ANY MALFUNCTIONING OF OR DEFECT
<br />OR DEFICIENCY IN THE EQUIPMENT OR PATENT INFRINGEMENT OR SIMILAR CLAIMS OR LESSEE'S
<br />DISSATISFACTION WITH THE EQUIPMENT. LESSEE FURTHER AGREES NOT TO ASSERT ANY CLAIM
<br />WHATSOEVER AGAINST THE LESSOR FOR LOSS OF ANTICIPATORY PROFITS OR OTHER ACTUAL,
<br />SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES. LESSOR SHALL NOT AT ANY TIME
<br />BE REQUIRED TO INSPECT THE EQUIPMENT OR ANY PART THEREOF NOR SHALL ANY INSPECTION BY
<br />LESSOR BE DEEMED TO AFFECT OR MODIFY THE PROVISIONS OF THIS SECTION.
<br />
<br />No oral agreement, guaranty, promise, condition, representation or warranty contrary to the foregoing shall be binding.
<br />All prior conversations, agreements or representations related to this Lease and/or to the Equipment are integrated herein. Lessor
<br />makes no warranty whatsoever regarding the characterization of this Lease for tax, accounting or other purposes.
<br />
<br />Lessor shall have no obligation to install, erect, test, adjust or service the Equipment. Lessee agrees, unless otherwise
<br />expressly agreed to by Lessor in advance and in writing, at Lessee's own cost and expense: (a) to pay all shipping charges and other
<br />expenses incurred in connection with the shipment of the Equipment by the vendor thereof to Lessee; (b) to pay all charges and
<br />expenses in connection with the installation, deinstallation, use, operation and maintenance of each item of Equipment; (c) to
<br />comply with the Equipment manufacturer's operating procedures, with all insurance and warranty requirements, and with all
<br />governmental laws, ordinances, regulations, requirements and rules with respect to the use, maintenance and operation of each item
<br />of Equipment; (d) to make all repairs and replacements required to be made to maintain the Equipment in good condition and
<br />repair, reasonable wear and tear excepted; and (e) to make no alterations in or to, and to affix no attachments, accessories or
<br />additions to, the Equipment without Lessor's prior written consent. 'the Equipment shall be used and serviced in accordance with
<br />instructions of the manufacturer and shall take such actions as necessary to preserve and maintain in effect all warranties of
<br />manufacturer and/or vendor of the Equipment. The Equipment shall not be used by unqualified operators nor for purposes
<br />ulHer-than those for which it has been designed, nor shall it be serviced or repaired by persons not authorized to do so by the
<br />manufacturer thereof, if authorized persons are reasonably available.
<br />
<br />10. NET LEASE. It is understood and agreed that this Lease is a net lease, and that, as between Lessor and Lessee, Lessee
<br />shall be responsible for all costs and expenses of every nature whatsoever arising out of or in connection with or related to this
<br />Lease and/or the Equipment. Lessee's obligation to pay all rental and other payments hereunder shall be absolute and unconditional
<br />and shall not be affected by any circumstances whatsoever, including, without limitation (a) any set off, counterclaim, recoupment,
<br />defense or other right which Lessee may have against Lessor or any other person for any reason whatsoever, (b) any defect in the
<br />title, condition, design, operation or fitness for use of, or any damage to or loss or destruction of, the Equipment, or any interruption
<br />or cessation in the use or possession thereof by Lessee for any reason whatsoever including any termination of any license
<br />agreement for software, or (c) any other circumstance, happening or event whatsoever, whether or not similar to the foregoing.
<br />Lessee does not intend to terminate, cancel, quit or surrender this Lease.
<br />
<br />II. INDEMNITY. To the extent permitted by law, Lessee shall indemnify Lessor against, and hold Lessor harmless from,
<br />any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, at law or in equity of whatsoever kind and
<br />nature, in contract or tort, including attorneys' fees, arising out of, relating to, connected with, or resulting from this Lease or the
<br />Equipment, including, without limitation, the manufacture, selection, purchase, delivery, acceptance (or lack thereof), possession,
<br />
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