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such option and designating the Rental Payment date on which such purchase is to be effective and the applicable Purchase Option
<br />Price, which notice shall be delivered to Lessor at least thirty (30) days in advance of the proposed purchase date. The purchase
<br />option herein granted may be exercised by Lessee whether or not one or more Events of Default have occurred and are then continuing
<br />at the time of such exercise; provided, however, that the purchase of the Equipment upon the exercise of such option during the
<br />continuance of an Event of Default shall not limit, reduce or otherwise affect liabilities or obligations that Lessee has incurred as a
<br />result of such Event of Default or otherwise terminate the term of this Lease notwithstanding anything in this Lease to the contrary.
<br />Immediately upon any such purchase being made, Lessor shall execute all documents necessary to confirm in Lessee free and
<br />unencumbered title in and to the Equipment (including but not limited to bills of sale), but without warranties and in "where -is, as -is"
<br />condition, and release Lessor's security interest in the Equipment and shall deliver such documents to Lessee. Lessor shall further
<br />cooperate in providing for the filing of any necessary releases or other similar documents.
<br />10. DELIVERYAND ACCEPTANCE. (a) Lessee will cause the Equipment to be delivered to Lessee at the location specified on
<br />the Delivery and Acceptance Certificate. Lessee will pay all transportation and other costs, if any, incurred in connection with the
<br />delivery and installation of the Equipment. Lessee will inspect the Equipment immediately upon delivery and will accept the
<br />Equipment as soon as it has been delivered and is operational. (b) Unless Lessee gives Lessor written notice to the contrary not more
<br />than seventy-two hours after such delive'!y, Lessee agrees that it will be conclusively presumed that: (i) Lessee has inspected the
<br />Equipment; (ii) the Equipment comply with the terms and conditions of this Lease and the Lease Documents; (iii) Lessee
<br />acknowledges receipt of the Equipment in good condition and repair; and (iv) Lessee has accepted the Equipment. Lessee will
<br />evidence its acceptance of the Equipment by executing and delivering to Lessor a Delivery and Acceptance Certificate in the form
<br />provided by Lessor: (i) setting forth the matters provided in this subparagraph (b); (ii) approving the invoice for the Equipment; and
<br />(iii) requesting Lessor to pay Vendor the purchase price therefor.
<br />11. DISCLAIiVIER OF WARRANTIES. LESSEE IS SOLELY RESPONSIBLE FOR THE SELECTION OF BOTH (i) THE
<br />EQUIPMENT, AND (ii) THE SUPPLIER FROM WHOM LESSOR IS TO PURCHASE THE EQUIPMENT. LESSEE WARRANTS
<br />THAT LESSEE HAS NEGOTIATED OR WILL NEGOTIATE DIRECTLY WITH THE SUPPLIER WITH REFERENCE TO THE
<br />EQUIPMENT.LESSEE HEREBY ACKNOWLEDGES THAT LESSOR HAS NOT PARTICIPATED AND WILL NOT
<br />PARTICIPATE IN SAID NEGOTIATIONS AND HAS AND WILL HAVE NO KNOWLEDGE OF THE QUALITY AND FITNESS
<br />OF THE EQUIPMENT. LESSOR AGREES TO ORDER EQUIPMENT FROM THE SPECIFIED SUPPLIER, BUT LESSOR SHALL
<br />HAVE NO RESPONSIBILITY FOR SUPPLIERS OR MANUFACTURERS DELAY OR FAILURE TO FULFILL SUCH ORDER
<br />LESSEE ACKNOWLEDGES AND AGREES (i) THAT THE EQUIPMENT IS OF A SIZE AND DESIGN AND CAPACITY
<br />SELECTED BY LESSEE; (ii) THAT LESSOR IS NEITHER A MANUFACTURER NOR SUPPLIER OF SUCH EQUIPMENT; (iii)
<br />THAT LESSOR HAS NOT MADE, AND DOES NOT MAKE UNDER THE TERMS OF THIS LEASE, ANY REPRESENTATION,
<br />WARRANTY, OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY, CONDITION,
<br />QUALITY, DURABILITY, DESIGN, OPERATION, FITNESS FOR USE, SUITABILITY OF THE EQUIPME MERCHANTABILITY,
<br />ANI' RESPECT
<br />WHATSOEVER OF IN CONNECTION WITH OR FOR THE PURPOSES AND USES OF LESSEE, WORKMANSHIP,
<br />COMPLIANCE WITH THE REQUIREMENTS OF ANY LAW, RULE, SPECIFICATION OR CONTRACT PERTAINING TO THE
<br />EQUIPMENT OR COPY -RIGHT INFRINGEMENT, TRADE SECRET INFRINGEMENT, PATENT INFRINGEMENT OR PATENT
<br />DEFECTS OR ANY OTHER REPRESENTATION, WARRANTY, OR COVENANT OF ANY KIND OR CHARACTER, EXPRESS
<br />OR IlVIPLIED, WITH RESPECT THERETO; (IV) THAT LESSOR SHALL NOT BE OBLIGATED OR LIABLE FOR THE
<br />ACTUAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF OR TO LESSEE OR ANY OTHER PERSON OR
<br />ENTITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR LESSEE OR ANY OTHER PERSON OR ENTITY
<br />ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE EQUIPMENT AND THE
<br />MAINTENANCE THEREOF. Lessor hereby assigns to Lessee during the Term hereof all manufacturer's and Supplier's agreements,
<br />warranties, and/or representations if any, expressed or implied with respect to the Equipment, and Lessor authorizes Lessee to obtain
<br />the customary services furnished in connection with such warranties at Lessee's expense. Lessee's sole remedy for the breach of any
<br />such agreements, warranties and/or representations shall be against the manufacturer and/or Supplier of the Equipment; and not against
<br />Lessor, nor shall such matter have any effect whatsoever on the rights and obligations of Lessor with respect to this Lease, including
<br />the right to receive full and timely payments hereunder.
<br />12. SUPPLIER NOT AN AGENT, LESSEE UNDERSTANDS AND AGREES THAT NEITHER THE SUPPLIER NOR ANY
<br />SALESPERSON OR OTHER AGENT OF THE SUPPLIER IS AN AGENT OF LESSOR.NO SALESPERSON OR OTHER AGENT
<br />OF THE SUPPLIER IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS LEASE HE ANY OF
<br />THE LEASE DOCUMENTS, AND NO STATEMENT OR REPRESENTATION BY THE SUPPLIER OR ITS AGENTS RELATING
<br />TO THE EQUIPMENT OR ANY OTHER MATTER SHALL AFFECT LESSEE'S DUTY TO PAY ANY RENT DUE HEREUNDER
<br />OR UNDER ANY LEASE DOCUMENT, AND TO PERFORM LESSEE'S OTHER COVENANTS, OBLIGATIONS AND
<br />WARRANTIES AS SET FORTH IN THIS LEASE OR ANY LEASE DOCUMENT.
<br />13. TITLE TO EQUIPMENT; SECURITY INTEREST. Upon acceptance of the Equipment by Lessee hereunder, title to the
<br />Equipment will vest in lessee subject to Lessor's rights under this Lease, provided, however, that (i) in the event of terniination of
<br />this Lease by Lessee pursuant to An Event of Nonappropriation or; (ii) upon the occurrence of an Event of Default hereunder, and
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