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<br />INCIDENT THERETO ARE TO BE BORNE BY THE LESSEE AT ITS SOLE RISK AND EXPENSE. LESSEE
<br />AGREES NOT TO ASSERT ANY CLAIM WHATSOEVER AGAINST THE LESSOR BASED THEREON,
<br />INCLUDING, WITHOUT LIMITATION, CLAIMS BASED ON ANY BREACH OF VENDOR'S OR
<br />MANUFACTURER'S WARRANTIES OR ANY MALFUNCTIONING OF OR DEFECT OR DEFICIENCY IN THE
<br />EQUIPMENT OR PATENT INFRINGEMENT OR SIMILAR CLAIMS OR LESSEE'S DISSATISFACTION WITH
<br />THE EQUIPMENT. LESSEE FURTHER AGREES NOT TO ASSERT ANY CLAIM WHATSOEVER AGAINST
<br />THE LESSOR FOR LOSS OF ANTICIPATORY PROFITS OR OTHER ACTUAL, SPECIAL, INCIDENTAL,
<br />CONSEQUENTIAL OR INDIRECT DAMAGES. LESSOR SHALL NOT AT ANY TIME BE REQUIRED TO
<br />INSPECT THE EQUIPMENT OR ANY PART THEREOF NOR SHALL ANY INSPECTION BY LESSOR BE
<br />DEEMED TO AFFECT OR MODIFY THE PROVISIONS OF THIS SECTION.
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<br />No oral agreement, guaranty, promise, condition, representation or warranty contrary to the foregoing shall be
<br />, . nding. All prior conversations, agreements or representations related to this Lease and/or to the Equipment are integrated
<br />rein. Lessor makes no warranty whatsoever regarding the characterization of this Lease for tax, accounting or other purposes.
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<br />Lessor shall have no obligation to install, erect, test, adjust or service the Equipment. Lessee agrees, unless
<br />otherwise expressly agreed to by Lessor in advance and in writing, at Lessee's own cost and expense: (a) to pay all shipping
<br />charges and other expenses incurred in connection with the shipment of the Equipment by the vendor thereof to Lessee; (b) to
<br />pay all charges and expenses in connection with the installation, deinstallation, use, operation and maintenance of each item
<br />of Equipment; (c) to comply with the Equipment manufacturer's operating procedures, with all insurance and warranty
<br />requirements, and with all governmental laws, ordinances, regulations, requirements and rules with respect to the use,
<br />maintenance and operation of each item of Equipment; (d) to make all repairs and replacements required to be made to maintain
<br />the Equipment in good condition and repair, reasonable wear and tear excepted; and (e) to make no alterations in or to, and to
<br />affix no attachments, accessories or additions to, the Equipment without Lessor's prior written consent. The Equipment shall
<br />be used and serviced in accordance with the instructions of the manufacturer and shall take such actions as necessary to preserve
<br />and maintain in effect all warranties of the manufacturer and/or vendor of the Equipment. The Equipment shall not be used
<br />by unqualified operators nor for purposes other than those for which it has been designed, nor shall it be serviced or repaired
<br />by persons not authorized to do so by the manufacturer thereof, if authorized persons are reasonably available.
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<br />9. NET LEASE. It is understood and agreed that this Lease is a net lease, and that, as between Lessor and Lessee,
<br />Lessee shall be responsible for all costs and expenses of every nature whatsoever arising out of or in connection with or related
<br />to this Lease and/or the Equipment. Lessee's obligation to pay all rental and other payments hereunder shall be absolute and
<br />unconditional and shall not be affected by any circumstances whatsoever, including, without limitation (a) any setoff,
<br />counterclaim, recoupment, defense or other right which Lessee may have against Lessor or any other person for any reason
<br />'mtsoever, (b) any defect in the title, condition, design, operation or fitness for use of, or any damage to or loss or destruction
<br />the Equipment, or any interruption or cessation in the use or possession thereof by Lessee for any reason whatsoever
<br />~luding arty termination of any license agreement for software, or (c) any other circumstance, happening or event whatsoever,
<br />whether or not similar to the foregoing. Lessee hereby waives, and hereby agrees to waive at any further time at the request
<br />of Lessor, to the extent now or then permitted by applicable laws, any and all rights which it may now or hereafter have or
<br />which at any time hereafter may be conferred upon it, by statute or otherwise, to terminate, cancel, quit or surrender this Lease.
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<br />10. INDEMNITY. To the extent permitted by law, Lessee shall indemnify Lessor against, and hold Lessor harmless
<br />from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, at law or in equity of whatsoever
<br />kind and nature, in contract or tort, including attorneys' fees, arising out of, relating to, connected with, or resulting from this
<br />Lease or the Equipment, including, without limitation, the manufacture, selection, purchase, delivery, acceptance (or lack
<br />thereof), possession, condition, use, operation or return of the Equipment. Specifically, without limiting the foregoing, Lessee
<br />shall indemnify and hold Lessor harmless from and against all claims, to the extent applicable, of trademark, patent and
<br />copyright infringement, and of the wrongful use of trade secrets or proprietary information in any form, against all claims for
<br />property damage, personal injury or wrongful death, and against all claims that the Equipment or any part thereof is or has
<br />become a fixture with respect to any real property. Lessee's obligations hereunder will survive the expiration of this Lease with
<br />respect to events occurring or alleged to have occurred prior to the return of the Equipment to Lessor at the end of the term
<br />hereof, if Lessee does not purchase the same. Lessee shall promptly notify Lessor of any claim or action subject to the
<br />provisions of this Section that is brought or threatened against Lessee. Lessor shall have the right, at Lessor's sole discretion,
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