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<br />be materially endangered or the Equipment or any part thereof will be subject to loss or forfeiture, in which event Lessee shall
<br />promptly pay and cause to be satisfied and discharged all such unpaid items or provide Lessor with full security against any
<br />such loss or forfeiture, in form satisfactory to Lessor. Lessor will cooperate fully with Lessee in any such contest, upon the
<br />request and at the expense of Lessee.
<br />Section 8.6. Personal Pro.pert,y. The Equipment is and shall at all times be and remain personal property notwithstanding
<br />that the Equipment or any part thereof may be or hereafter become in any manner affixed or attached to or embedded in or
<br />permanently rested upon real property or any building thereon or attached in any manner to what is permanent by means of cement,
<br />plaster, nails, bolts, screws, or otherwise.
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<br />ARTICLE IX
<br />WARRAltTIES
<br />Section 9.1. Selection of Eguiplent. The Equipment and the Contractor have been selected by Lessee, and Lessor shall
<br />~~1Te no responsibility in connection with the selection of the Equipment, its suitability for the use intended by Lessee, the
<br />~eptance by the Contractor or its sales representative of the order submitted, or any delay or failure by the Contractor or
<br />; sales representative to manufacture, deliver or install the Equipment for use by Lessee. Lessee authorized Lessor to add
<br />Llle serial number of the Equipment to Exhibit A when available.
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<br />section 9.2. Installation and Maintenance of EguipleJlt. Lessor shall have no obligation to install, erect, test,
<br />inspect, service or maintain the Equipment under any circumstances, but such actions shall be the obligation of Lessee or the
<br />Contractor.
<br />Section 9.3. Contractor's Warranties. Lessor hereby assigns to Lessee for and during the Term of this Lease, all of
<br />its interest in all Contractor's warranties and guarantees, express or implied, issued on or applicable to the Equipment, and
<br />Lessor hereby authorizes Lessee to obtain the customary services furnished in connection with such warranties and guarantees
<br />at Lessee's expense.
<br />Section 9.4. Patent InfringeElt, Lessor hereby assigns to Lessee for and during the Term of this Lease all of its
<br />interest in patent indemnity protection provided by any Contractor with respect to the Equipment. Such assignment of patent
<br />indemnity protection by Lessor to Lessee shall constitute the entire liability of Lessor for any patent infringement by Equipment
<br />furnished pursuant to this lease.
<br />Section 9. 5 Disclai.er of Warranties. THE EQUIPMENT IS DELIVERED AS IS, AND LESSOR ~IAKES NO WARRANTY OR
<br />REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
<br />PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY LESSEE OF THE EQUIPMENT, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT
<br />TO THE EQUIPMENT.
<br />
<br />ARTICLE X
<br />OPTIOH TO PURCHASE
<br />Section 10.1. When Available, Lessee shall have the option to purchase Lessor's interest in the Equipment on the
<br />Payment Dates specified in Exhibit B for the then applicable Purchase Option Price set forth in Exhibit B, but only if Lessee
<br />not in default under this Lease, and only in the manner providea in this Article.
<br />Section 10.2. Exercise of Qption. Lessee shall give notice to Lessor of its intention to exercise its option not less
<br />an thirty (30) days prior to the Payment Date on which the option is to be exercised and shall deposit with Lessor on the date
<br />of exercise an amount equal to all Rental Payments and any other amounts then due or past due (including the Rental Payment due
<br />on the Payment date on which the option is to be exercised) and the applicable Purchase Option Price set forth in Exhibit B.
<br />The closing shall be on the Payment Date on which the option is to be exercised at the office of Lessor.
<br />Section 10.3. Release of Lessor's Interest. Upon exercise of the purchase option by Lessee, Lessor shall conveyor
<br />release to Lessee, all of its right, title, and/or interest in the equipment by delivering to Lessee such documents as Lessee
<br />deems necessary for this purpose.
<br />
<br />ARTICLE XI
<br />ASSIGBMRNT, SIlBLEASING, MORTGAGING MID SELLING
<br />Section 11.1. Assignaent by Lessor. Lessor shall not assign its obligations under this lease, and no purported
<br />assignment thereof shall be effective. All of Lessor/s right, title and/or interest in and to this Lease, the Rental Payments
<br />and other amounts due hereunder, and the Equipment nay be assigned and reassigned in whole or in part to one or more assignees
<br />or subassignees by Lessor at any time, without the consent of Lessee. No such assignment shall be effective as against Lessee
<br />unless and until the assignor shall have filed with lessee a copy or written notice thereof identifying the assignee. Lessee
<br />shall pay all Rental Payments due hereunder to or at the direction of Lessor or the assignee named in the most recent assignment
<br />or notice of assignment filed with Lessee. During the Lease Term Lessee shall keep a complete and accurate record of all such
<br />assignments. In the event Lessor assigns participation in its right, title, and/or interest in and to this lease, the Rental
<br />Payments and other amounts due hereunder and the Equipment, such participants shall be considered to be Lessor with respect to
<br />their participated shares thereof.
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