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FES-23-Sf3 1S:34 FROM=MARK PRESSMAN ASSOC I0 -41S4210755 PAGE 1/10 SECTION 8.4, f guimqi. Lessee may at any time and from time to time, in its sole discretion and at its own expense, install other items of equipment in or upon the Equipment, which items shall be identified by tags or other symbols affixed thereto as property of Lessee, All such items so identified shall remain the sole property of Lessee, in which Lessor shall have no interest, and may be modified oz removed by Lessee at any time provided that Lessee shall repair and restore any and all damage to the Equipment resulting from the installation, modification or removal of any such items. Nothing in this Lease shall prevent Lfrom purchasing items to be installed pursuant to this Section under a conditional sale or lease with option se to purchase contract, or subject to a vendor's Iien or security a portion of the purchase price thereof, provided that no such lien or security interesas t shall attach tofor the panv part of the Equipment SECTION 8.5. MQdificatj2n of Eaui ment Lessee shall, at its own expense, have the right to make z-epairs to the Equipment, and to make repairs, replacements, substitutions and modifications to all or any of the parts thereof. All such work and any part or component used or installed to make a repair or as a replacement, substitution or modification, shall thereafter comprise part of the Equipment and be subject to the provisions of this Lease. Such work shall not in any way damage the Equipment or cause it to be used for purposes other than those authorized under the provisions of State and Federal Law or those contemplated by this Lease; and the Equipment, upon completion of any such work shall be of a value which is not less than the value of the Equipment immediately prior to the commencement of such work. Any property for which a replacement or substitution is made pursuant to this Section may be disposed of by Lessee in such manner and on such terms as are determined by Lessee. Lessee will not permit any mechanic's or other lien to be established or remain against the Equipment for labor or materials furnished in connection with any repair, replacement, substitution or modification made by Lessee pursuant to chis Section; provided that if any such Lien is established and Lessee shall first notify Lessor of Lessee's intention to do so, Lessee may in good faith contest any lien filed or established against the Equipment, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom unless Lessor shall notify Lessee that, in the opinion of Independent Counsel, by nonpayment of any such item the interest of Lessor in the Equipment will be materially endangered or the Equipment or any part thereof will be subject to loss or forfeiture, in which event Lessee shall promptly pay and cause to be satisfied and discharged all such unpaid items or provide Lessor with full security against any such loss or forfeiture, in form satisfactory to Lessor. Lessor will cooperate fully with Lessee in any such Comm upon the request and at the expense of Lessee. SECTION 8.6. r �. n 1 Qi2eav, The Equipment is and shall at all times be and remain personal property notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner affixed or attached to or embedded in or permanently rested Upon real property or any building thereon or attached in any manner to that is permanent by means of cement, plaster, nails, bolts. screws, or otherwise. ARTICLE IX WARRANTIES SECTION 9.1. Selection of Eguioment. The Equipment and the Contractor have been selected by Lessee, and Lessor shall have no responsibility in connection with the selection of the Equipme^t. its suitability for the use intended by Lessee, the acceptance by the Contractor or its sales representative of the order submitted, or any delay or failure by the Contractor or its sales representative to manufacture, deliver or install the Equipment for use by Lessee, Lessee authorized Lessor to add the serial number of the Equipment :o Exhibit A when available