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<br />qualified to do business in the Statei and shall contain a provision that the insurer shall not cancel or revise coverage
<br />thereunder without giving written notice to the insured parties at least ten (10) days before the cancellation or revision
<br />becomes effective. All insurance policies required by Sections 6.1, 6.2 and 6.3 shall name Lessee as insured party. Lessee
<br />shall deposit with Lessor policies (and riders) evidencing any such insurance procured by it, or a certificate or certificates
<br />of the respective insurers stating that such insurance is in full force and effect. Before the expiration of any such policy
<br />(or rider), Lessee shall furnish to Lessor evidence that the policy has been renewed or replaced by another policy conforming
<br />to the provisions of this Article, unless such insurance is no longer obtainable in which event Lessee shall notify Lessor of
<br />this fact.
<br />Section 6.5. Lessee's Negligence. Lessee assUllIes all risks and liabilities, whether or not covered by insurance, for
<br />loss or damage to the Equipment and for injury to or death of any person or damage to any property, whether such injury or death
<br />be with respect to agents or employees of Lessee or of third parties, and whether such property damage be to Lessee's property
<br />or the property of others, which is proximately caused by the negligent conduct of Lessee, its officers, employees and agents.
<br />Lassee hereby assumes responsibility for and agrees to reimburse Lessor for all liabilities, obligations, losses, damages,
<br />1alties, claims, actions, costs and expenses (including reasonable attorney's fees) of whatsoever kind and nature, imposed
<br />incurred by or asserted against Lessor that in any way relate to or arise out of a claim, suit or proceedings based in whole
<br />or in part upon the negligent conduct of Lessee, its officers, employees and agents, to the maximum extent permitted by law.
<br />Section 6.6. Dalage to or Destruction of EquipJellt. If after delivery of the Equipment to Lessee all or any part of
<br />the Equipment is lost, stolen, destroyed or damaged beyond repair, Lessee shall as soon as practicable after such event either:
<br />(i) replace the same at Lessee's sole cost and expense with Equipment of equal or greater value to the Equipment immediately
<br />prior to the time of the loss occurrence, such replacement equipment to be subject to Lessor's reasonable approval, whereupon
<br />the replacement shall be substituted in this Lease by appropriate endorsementi or (ii) pay the applicable Purchase Option Price
<br />of the equipment as set forth on Exhibit B. Lessee shall notify Lessor of which course of action it will take within fifteen
<br />(15) days after the loss occurrence. If Lessee fails or refuses to notify Lessor within the required period, Lessor may, at
<br />its option, declare the applicable Purchase Option Price set forth in Exhibit B immediately due and payable, and Lessee shall
<br />be obligated to pay the same. The Net Proceeds of all insurance payable with respect to the Equipment shall be available to
<br />Lessee and shall be used to discharge Lessee's obligation under this Section. On payment of the Purchase Option Price with
<br />respect to the equipment, this Lease shall terminate and Lessee thereupon shall become entitled to the Equipment AS IS, WITHOUT
<br />WARRAllTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR
<br />THE USE CONTEMPLATED BY LESSEE, except that the Equipment shall not be subject to any lien or encumbrance created by or arising
<br />through Lessor.
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<br />AR'l'ICLE VII
<br />OTHER OBLIGATION OF LESSEE
<br />Section 7.1. Use: Perlits. Lessee shall exercise due care in the installation, use, operation and maintenance of the
<br />Equipment, and shall not install, use, operate or maintain the Equipment improperly, carelessly, in violation of any State and
<br />Federal Law or for a purpose or in a manner contrary to that contemplated by this Lease. Lessee shall obtain all permits and
<br />licenses necessary for the installation, operation, possession and use of the Equipment. Lessee shall comply with all State
<br />d Federal Laws applicable to the installation, use, possession and operation of the equipment, and if compliance with any such
<br />ate and Federal Law requires changes or additions to be made to the equipment, such changes or additions shall be made by
<br />ssee at its expense.
<br />Section 7.2. Maintenance of E~plent by Lessee. Lessee shall, at its own expense, maintain, preserve and keep the
<br />Equipment in good repair, working order and condition, and shall from time to time make all repairs and replacements necessary
<br />to keep the Equipment in such condition. Lessor shall have no responsibility for any of these repairs or replacements.
<br />Section 7.3. Taxes, Other GoveI'lllE!ntal Charges and Utility Charqes. Except as expressly limited by this Section, Lessee
<br />shall pay all taxes and other charges of any kind which are at any time lawfully assessed or levied against or with respect to
<br />the Equipment, the Rental Payments or any part thereof, or which become due during the Term of this Lease, whether assessed
<br />against Lessee or Lessor. Lessee shall also pay when due all gas, water, steam, electricity, heat, power, t~lephone, and other
<br />charges incurred in the operation, maintenance, use, occupance and upkeep of the equipment, and all special assessments and
<br />charges lawfully made by any governmental body for public improvements that Iiay be secured by a lien on the Equipment; provided
<br />that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period
<br />of years, Lessee shall be obligated to pay only such installments as are required to be paid during the Term of this Lease as
<br />and when the same become due. Lessee shall not be required to pay any federal, state or local income, inheritance, estate,
<br />succession, transfer, gift, franchise, gross receipts, profit, excess profit, capital stock, corporate, or other similar tax
<br />payable by Lessor, its successors or assigns, unless such tax is made in lieu of or as a substitute for any tax, assessment or
<br />charge which is the obligation of Lessee under this Section.
<br />Lessee may, at its own expense and in its own name, in good faith contest any such taxes, assessments, utility and other
<br />charges and, in the event of any such contest, may permit the taxes, assessments, utility or other charges so contested to remain
<br />unpaid during the period of such contest and any appeal therefrom unless Lessor shall notify Lessee that, in the opinion of
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