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<br />to less than all of the Equipment, Lesso U provide Lessee with the pro rata amount ( e Lease Payment and the Concluding
<br />Payment to be made by Lessee with respec. to the Equipment which as suffered the event 0, lOSS.
<br />
<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 of any
<br />interest in the Equipment from any party having an interest in any such real estate or building.
<br />
<br />15. INSURANCE. At its own expense, Lessee shall maintain (a) casualty insurance insuring the Equipment against loss or
<br />damage by fire and any other risks reasonably required by Lessor in an amount at least equal to the then applicable Concluding
<br />Payment of the Equipment, (b) liability insurance that protects Lessor from liability in all events in form and amount satisfactory
<br />to Lessor, and (c) workers' compensation coverage as required by the laws of the state; provided that, with Lessor's prior written
<br />consent, Lessee may self-insure against the risks described in clauses (a) and (b). All insurance proceeds from casualty losses shall
<br />be payable as hereinafter provided. Upon acceptance of the Equipment and upon each insurance renewal date, Lessee will deliver
<br />to Lessor a certificate evidencing such insurance. In the event of any loss, damage, injury or accident involving the Equipment,
<br />Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all information and documentation
<br />relating thereto and shall permit Lessor to participate and cooperate with Lessee in making any claim for insurance in respect
<br />thereof.
<br />
<br />All such casualty and liability insurance shall be with insurers that are acceptable to Lessor, shall name Lessee as named
<br />insured and Lessor or its assigns as an additional named insured and shall contain a provision to the effect that such insurance
<br />shall not be cancelled or modified materially without first giving written notice thereof to Lessor at least thirty days in advance of
<br />such cancellation or modification. All such casualty insurance shall contain a provision making any losses payable to Lessee and
<br />Lessor, as their respective interests may appear. The Lessee may provide required insurance as part of "blanket" coverage
<br />maintained on its other assets. Required insurance coverage may also be provided in whole or in part by self-insurance, with
<br />written consent of the Lessor, which shall not be unreasonably withheld. If such consent is given, Lessee will furnish Lessor with
<br />a letter or certificate of self-insurance specifying the type and extent coverage.. The proceeds of any such policies will be payable
<br />to Lessee and Lessor or its assigns as their interests may appear. In the event that Lessee has been permitted to self-insure, Lessee
<br />will furnish Lessor with a letter or certificate to such effect.
<br />
<br />16. RELEASE AND INDEMNIFICATION. To the extent permitted by law, Lessee shall indemnify, protect and hold
<br />harmless Lessor from and against any and all liability, obligations, losses, claims and damages whatsoever, regardless of cause
<br />thereof, and expenses in connection therewith (including, without limitation, counsel fees and expenses and any federal income tax
<br />and interest and penalties connected therewith imposed on interest received) arising out of or as the result of (a) the entering into
<br />this Lease, (b) the ownership of any item of the Equipment, (c) the ordering, acquisition, use, operation, condition, purchase,
<br />delivery, rejection, storage or return of any item of the Equipment, (d) any accident in connection with the operation, use,
<br />condition, possession, storage or return of any item of the Equipment resulting in damage to property or injury or death to any
<br />person or (e) the breach of any covenant herein or any material misrepresentation contained herein. The indemnification arising
<br />under this paragraph shall continue in full force and effect notwithstanding the full payment of all obligations under this Lease or
<br />the termination of the Lease Term for any reason.
<br />
<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) sublet or lend the Equipment or permit it to be used by anyone other than Lessee or Lessee's employees. Lessor may 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 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 Lessor under this Lease. Subject to the foregoing, this Lease inures to the benefit of and is binding upon the successors
<br />and assigns of the parties hereto. Lessee covenants and agrees not to assert against the assignee any claims or defenses by way of
<br />abatement, setoff, counterclaim, recoupment or the like which Lessee may have against Lessor. Upon assignment of Lessor's
<br />interests herein, 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 assignee and address to which further payments hereunder should be made. No further action will be required by
<br />Lessor or by Lessee to evidence the assignment, but Lessee will acknowledge such assignments in writing if so requested. Lessee
<br />shall retain all notices of assignment and maintain a book-entry record which identifies each owner of Lessor's interest in the
<br />Lease. Upon Lessee's receipt of written notice of Lessor's assignment of all or any part of its interest in the Lease, Lessee agrees to
<br />attorn to and recognize any such assignee as the owner of Lessor's interest in this Lease, and Lessee shall thereafter make such
<br />payments, including without limitation such Lease Payments, as are indicated in the notice of assignment, to such assignee.
<br />
<br />18. EVENT OF DEFAULT. The term "Event of Default," as used herein, means the occurrence of anyone or more of the
<br />following events: (i) Lessee fails to make any Lease Payment (or any other payment) as it becomes due in accordance with the
<br />terms of this Lease, and any such failure continues for ten (10) days after the due date thereof; (ii) Lessee fails to perform or
<br />
<br />TXLease
<br />Rev.06/08/99
<br />
<br />05/04/00
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