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<br />1 O. ALTERATIONS. Lessee will not make any alterations, additions or improv,,;ments to the Equipment without
<br />Lessor's prior written consent unless such alterations, additions or improvements may be readily removed without
<br />damage to the Equipment.
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<br />11. LOCATION; INSPECTION. The Equipment will not be removed from or, if the Equipment consists of rolling
<br />stock, its permanent base will not be changed from the Equipment Location without Lessor's prior written consent
<br />which will not be unreasonably withheld Lessor will be entitled to enter upon the Equipment Location or elsewhere
<br />during reasonable business hours to inspect the Equipment or observe its use and operation.
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<br />12 LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances
<br />except those created under thiS Lease Lessee shall pay, when due. all charges and taxes (local. state and federal)
<br />which may now or hereafter be imposed upon the ownership. leasing. rental. sale, purchase, possession or use of
<br />the Equipment, excluding however, all taxes on or measured by Lessor's income. If Lessee fails to pay said
<br />charges, or taxes when due, or to provide the insurance required by Section 15 hereof, Lessor may, but need not.
<br />)ay said charges or taxes or purchase such insurance and, in such event, Lessee shall reimburse Lessor therefor on
<br />jemand, with interest at the maximum rate permitted by law from the date of such payment by Lessor to the date of
<br />:eimbursement by lessee.
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<br />13. RISK OF LOSS: DAMAGE; DESTRUCTION. Lessee assumes all risk of loss of or damage to the Equipment
<br />from any cause whatsoever, and no such loss of or damage to the Equipment nor defect therein nor unfitness or
<br />obsolescence thereof shall relieve Lessee of the obligation to make Lease Payments or to perform any other
<br />obligation under this Lease. In the event of damage to any item of Equipment, lessee will immediately place the
<br />same in good repair with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor
<br />determines that any item of Equipment is lost, stolen, destroyed or damaged beyond repair, Lessee, at the option of
<br />Lessor, will either (a) replace the same with like equipment in good repair, or (b) on the next Lease Payment Date,
<br />pay Lessor: (i) all amounts then owed by lessee to lessor under this lease, including the Lease Payment due on
<br />such date, and (ii) an amount equal to the applicable Concluding Payment set forth in Schedule A opposite such
<br />Lease Payment Date. In the event that lessee is obligated to make such payment pursuant to subparagraph (b)
<br />above with respect to less than all of the Equipment, lessor will provide Lessee with the pro rata amount of the
<br />lease Payment and the Concluding Payment to be made by lessee with respect to the Equipment which as suffered
<br />the event of loss.
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<br />14. PERSONAL PROPERTY. The Equipment is and will remain personal property and will not be deemed to be
<br />affixed or attached to real estate or any building thereon. If requested by lessor, Lessee will, at lessee's expense.
<br />furnish a waiver of any interest in the Equipment from any party having an interest in any such real estate or building.
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<br />15. INSURANCE. lessee, will, at its expense, maintain at all times during the Lease Term, fire and extended
<br />coverage, publiC liability and property damage insurance with respect to the Equipment in such amounts, covering
<br />such risks, and with such insurers as shall be satisfactory to lessor, or, with Lessor's prior written consent, may self-
<br />insure against any or all such risks. In no event will the insurance limits with respect to casualty insurance be less
<br />than the amount of the then applicable Concluding Payment with respect to such Equipment Each insurance policy
<br />will name lessee as an insured and Lessor or its assigns as an additional insured and with respect to casualty
<br />insurance, loss payee, and will contain a clause requiring the insurer to give Lessor or its assigns at least thirty (30)
<br />days prior written notice of any alteration in the terms of such policy or the cancellation thereof. The proceeds of any
<br />such policies will be payable to Lessee and lessor or its assigns as their interests may appear. Upon acceptance of
<br />the Equipment and upon each insurance renewal date, lessee will deliver to Lessor a certificate evidencing such
<br />insurance. In the event that Lessee has been permitted to self-insure. Lessee will furnish lessor with a letter or
<br />certlficate to such effect. In the event of any loss, damage, injury or accident involving the Equipment, Lessee will
<br />promptly provide Lessor with written notice thereof and make available to lessor all information and documentation
<br />relating thereto and shall permit Lessor to participate and cooperate with Lessee in making any claim for insurance in
<br />respect thereof.
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<br />16. lESSEE'S NEGLIGENCE. lessee assumes all risks and liabilities, whether or not covered by insurance, for
<br />loss or damage to any Equipment and for injury to or death of any person or damage to any property, whether such
<br />injury or death be with respect to agents or employees of lessee or of third parties, and whether such property
<br />damage be to lessee's property or the property of others, which is proximately caused by the negligent conduct of
<br />lessee, its officers, employees and agents. lessee hereby assumes responsibility for and agrees to reimburse
<br />Lessor for all liabilities. obligations, losses. damages, penalties, claims. actions, costs and expenses (including
<br />reasonable attorney's fees) of whatsoever kind and nature. imposed on, incurred by or asserted against lessor that
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