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<br />13. LlEN~ AND TAXES. Lessee shall keep the Eqllipment free and elellr of all
<br />levies, liens and encumbrances except those created under this Agreement. Lessee shall
<br />pay, when due, all charges and tuxes Oocal, state and federal) which mllY now or
<br />hereafter be imposed upon the ownelship, leasing, rental, sale, purchase, possession or
<br />use of the Equipment, excluding however all taxes on or measured by Lessor's income. if
<br />Lessee fails to pay said charges and taxes when due, Lessor Sllllll hav~ the t'lght, but shun
<br />not be obligated, to pay said charges and taxes. If Lessor pays any c1wrges or tuxes for
<br />which Lessee is responsible or liable under this Agreement, Lessee shall reim!)urse Less.)!'
<br />the ref or.
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<br />14. RISK OF LOSS; DAMAGE; DESTRUCTION. Lessee assumes all risk 01 loss of
<br />or damage to the Equipment from any cause whatsoever, and no such loss of or damage
<br />to the Equipment 1101' defect therein nor unfitness or obsolescence thereof shall relieve
<br />Lessee of the Obligation to make Lease Payments or to perform any other obligation
<br />under this Lease. In the event of damag~ to any item of Equipment, Lessee will
<br />immediately place the same in good repair with the proceeds of any insurance recovery
<br />appliecl to the cost of such repair. If Lesso!' determines that any item of Equipment is
<br />lost, stolen, destroyed or damaged beyond repair, Lessee at the option of Lessor will
<br />either: (a) replace the same with like equipment in good repair; or (b) on the next Lease
<br />Payment date, pay Lessor: (I) all amounts then owed by Lessee to Lessor under this
<br />Lease, including the Lease Payment due on such date; and (Ii) an amount equal to the
<br />applicable Concluding Payment set forth in Exhibit B.
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<br />15. INSURANCE. Lessee will, at its expense, maintllin at all times during the
<br />Lease Term fire and extended coverage, publie liability and property damage insurance
<br />with respect to the Equipment in such amounts, cevel'ini~ such risb, and with such
<br />insu!'ers as shall be satisfactory to Lesso!' or, with Lesso!"s prio!' written consent, may
<br />self-insure against any or all such risks. In no event will the insul'llnce limits be less than
<br />the amount of the then applicable Concludin[~ Payment wi th !'espect to such Equipment.
<br />Each insurance policy will name Lessee as an insured and Lessor or its assigns as an
<br />additional insured and loss payee and will contain a clause requiring the insurer to give
<br />Lessor at least thirty (30) days p!'ior written notice of any alteration in the terms of such
<br />policy or the cancellation thereof. The proceeds of any such policies will be payable to
<br />Lessee and Lessor or its assigns as their interests may appear. Upon acceptance of the
<br />Equipment and upon caeh insurance renewal date, Lessee will deliver to Lesso!' a
<br />certificate evidencing such insu!'ance. In the event thllt Lessee has been permitted to
<br />self-insure, Lessee will fUl'llish Lessor with a letter or certificate to suell effect. In tile
<br />event of any loss, damage, injury or accident involving the Equipment, Lessee wilI
<br />promptly provide Lessor with written notice thereof and make available to Lessor all
<br />information Ilnd documentation relating thereto.
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<br />16. INDEMNIFICATION. Lessee shull indemnify Lessor against, and hold Lessor
<br />harmless from, any and all claims, actions, proceedings, expenses, damages or liabilities,
<br />including attorney's fees and court costs, arising in connection with the Equipment,
<br />including but not limited to its selection, purchase, delivcry, possession, nse, operation,
<br />rejection or return and the recovery of claims under insuranee policies thereon.
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<br />17. PURCHASE OPTION. Upon thirty (30) days priot' written notice from Lessee
<br />to Lessor, and provided that there is no Event of Default or an event which with notice
<br />or lapse of time, 01' both, could become Illl Event of Default then existing, Lessee will
<br />have the right to purchase the Equipment on certain Lease Payment dates set forth in
<br />Exhibit B by paying to lesso!', on slIeh II (jate, the Lease Payment then clue together will,
<br />the Concluding Payment amount set forth opposite such date. Upon satisfnction by
<br />Lessee of such purchase conditions, Lessor will transfer any and all of its right, title and
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