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date, and ( ii ) an amount equal to the applicable Concluding Payment set forth in Schedule B opposite such Lease Payment Date
<br />. In
<br /> the event that Lessee is obligated to make such payment pursuant to subparagraph (b) above with respect to less than
<br /> all of the
<br /> Equipment, Lessor will provide Lessee with the pro rata amount of the Lease Payment and the Concluding Payment to be made
<br /> by
<br /> Lessee with respect to the Equipment which has suffered the event of loss .
<br /> 14. PERSONAL PROPERTY. The Equipment is and will remain personal property and will not be deemed to be affixed or
<br /> attached to real estate or any building thereon. If requested by Lessor, Lessee will, at Lessee's expense, furnish a waiver
<br /> of any
<br /> interest in the Equipment from any party having an interest in any such real estate or building.
<br /> 15. INSURANCE. At its own expense, Lessee shall maintain (a) casualty insurance insuring the Equipment against loss or damage
<br /> by fire and any other risks reasonably required by Lessor in an amount at least equal to the then applicable Concluding Payment
<br /> of the
<br /> Equipment, (b) liability insurance that protects Lessor from liability in all events in form and amount satisfactory to
<br /> Lessor, and (c)
<br /> workers' compensation coverage as required by the laws of the state; provided that, with Lessor's prior written consent,
<br />Lessee may
<br /> self-insure against the risks described in clauses (a) and (b). All insurance proceeds from casualty losses shill"be payable as hereinafter
<br /> provided. Upon acceptance of the Equipment and upon each insurance renewal date, Lessee will deliver to Lessor a certificate
<br /> evidencing such insurance . In the event of any loss, damage, injury or accident involving the Equipment, Lessee will
<br />promptly
<br /> provide Lessor with written notice thereof and make available to Lessor all information and documentation relating thereto and shall
<br /> permit Lessor to participate and cooperate with Lessee in making any claim for insurance in respect thereof.
<br /> All such casualty and liability insurance shall be with insurers that are acceptable to Lessor, shall name Lessee as named insured
<br /> and Lessor or its assigns as an additional named insured and shall contain a provision to the effect that such insurance shall
<br /> not be
<br /> cancelled or modified materially without first giving written notice thereof to Lessor at least thirty days in
<br /> advance of such
<br /> cancellation or modification . The Lessee may provide required insurance as part of " blanket " coverage maintained on its other assets .
<br /> Required insurance coverage may also be provided in whole or in part by self- insurance, with written consent of the Lessor,
<br />which
<br /> shall not be unreasonably withheld. If such consent is given, Lessee will furnish Lessor with a letter or certificate of self-
<br />insurance
<br /> specifying the type and extent coverage . The proceeds of any such policies will be payable to Lessee and Lessor or its
<br /> assigns as
<br /> their interests may appear. In the event that Lessee has been permitted to self- insure , Lessee will furnish Lessor with
<br /> a letter or
<br /> certificate to such effect.
<br /> 16. RELEASE AND INDEMNIFICATION. To the extent permitted by law, Lessee shall indemnify, protect and hold harmless
<br /> Lessor from and against any and all liability, obligations, losses, claims and damages whatsoever, regardless of cause thereof,
<br /> and
<br /> expenses in connection therewith ( including, without limitation, counsel fees and expenses and any federal income tax and
<br />interest
<br /> and penalties connected therewith imposed on interest received) arising out of or as the result of (a) the entering into this Lease,
<br /> (b)
<br /> the ownership of any item of the Equipment, (c) the ordering, acquisition, use, operation, condition, purchase, delivery, rejection,
<br /> storage or return of any item of the Equipment, (d) any accident in connection with the operation, use, condition, possession, storage
<br /> or return of any item of the Equipment resulting in damage to property or injury or death to any person or (e) the
<br /> breach of any
<br /> covenant herein or any material misrepresentation contained herein. The indemnification arising under this paragraph shall continue
<br /> in full force and effect notwithstanding the full payment of all obligations under this Lease or the termination of the Lease Term
<br /> for
<br /> any reason.
<br /> 17. ASSIGNMENT. Without Lessor's prior written consent, Lessee will not either (i) assign, transfer, pledge, hypothecate,
<br /> grant any security interest in or otherwise dispose of this Lease or the Equipment or any interest in this Lease or the Equipment or
<br />(ii)
<br /> sublet or lend the Equipment or permit it to be used by anyone other than Lessee or Lessee's employees . Lessor may
<br /> assign its
<br /> rights, title and interest in and to the Lease Documents, the Equipment and/or grant or assign a security interest in this Lease and
<br /> the
<br /> Equipment, in whole or in part, and Lessee's rights will be subordinated thereto . Any such assignees shall have all of the
<br /> rights of
<br /> Lessor under this Lease . Subject to the foregoing, this Lease inures to the benefit of and is binding upon the successors
<br /> and assigns
<br /> of the parties hereto . Lessee covenants and agrees not to assert against the assignee any claims or defenses by way of abatement,
<br /> setoff, counterclaim, recoupment or the like which Lessee may have against Lessor. Upon assignment of Lessor's interests herein,
<br /> Lessor will cause written notice of such assignment to be sent to Lessee which will be sufficient if it discloses the
<br /> name of the
<br /> assignee and address to which further payments hereunder should be made . No father action will be required by Lessor or
<br /> by
<br /> Lessee to evidence the assignment, but Lessee will acknowledge such assignments in writing if so requested. Lessee shall retain all
<br /> notices of assignment and maintain a book-entry record which identifies each owner of Lessor's interest in the Lease. Upon Lessee's
<br /> FLLease
<br /> Rev. July 1 , 2001
<br /> 02/02/05 4 : 14 PM Page 4 of 7
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