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<br />22. ASSIGNMENT.
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<br />(a) WITHOUT LESSOR'S PRIOR WRITTEN CONSENT, LESSEE SHALL NOT (1) ASSIGN, TRANSFER,
<br />PLEDGE OR HYPOTHECATE THIS LEASE, THE EQUIPMENT OR ANY ITEMS THEREOF, OR ANY INTEREST THEREIN, OR (2)
<br />SUBLET OR LEND THE EQUIPMENT OR ANY ITEMS THEREOF, OR PERMIT THE EQUIPMENT OR ANY ITEMS THEREOF TO
<br />BE USED BY ANYONE OTHER THAN LESSEE OR LESSEE'S EMPLOYEES. Consent to anyone of the foregoing acts applies only
<br />in the given instance and is not a consent to any subsequent like acts by Lessee or any other person or entity.
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<br />(b) If Lessor enters upon Lessee's premises to remove any of the Equipment, Lessee expressly waives any
<br />right Lessee may have against Lessor for trespass or for any damage which may be occasioned by Lessor's removal of any of the
<br />Equipment from Lessee's premises, and shall hold Lessor harmless against any other party's claim of damage.
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<br />(c) Lessee's interest herein may not be assigned or transferred by operation of law.
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<br />(d) Lessor may assign this Lease or mortgage the Equipment or both in whole or in part, without notice to
<br />Lessee. If Lessee is given notice of such assignment, Lessee shall (if Lessor requests) acknowledge receipt thereof in writing. Each
<br />such assignee or mortgagee shall have all of the rights, BUT NONE OF THE OBLIGATIONS, of Lessor under this Lease. Lessee shall
<br />not assert against any assignee and/or mortgages any defense, counterclaim or offset that the Lessee may have against Lessor.
<br />Lessee agrees that it shall not assert against an assignee and/or mortgagee any defense, counterclaim or offset that Lessee may have
<br />against Lessor. Lessee agrees and understands that the waiver of defenses provision contained in the preceding sentence imposes
<br />upon Lessee all the risks that might be associated with any failure by Lessor to perform all obligations that it might have under this
<br />Lease, and obligates Lessee to pay to the assignee all rent and other sums due under this Lease irrevocably, absolutely,
<br />unconditionally and in all events, despite any occurrence which might cause this Lease to be terminated (either as a matter of law or
<br />otherwise) or prevent Lessee from enjoying the use of any item of Equipment or all of the Equipment, or reduce its value or utility to
<br />Lessee. Notwithstanding any such assignments, Lessor agrees the Lessee may quietly enjoy use of the Equipment subject to, and so
<br />long as Lessee complies with, all of the terms and conditions of this Lease. Subject to the foregoing, this lease inures to the benefit of
<br />and is binding upon the heirs legatees, personal representatives, successors and assigns of the parties hereto.
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<br />23. PERSONAL PROPERTY. The Equipment is, and at all times shall be and remain, personal property notwithstanding
<br />that the Equipment or any Item thereof may now be, or hereafter become, in any manner affixed or attached to, or imbedded in, or
<br />permanently resting upon, real property or any improvement thereon, or attached in any manner to what is permanent as by means of
<br />cement, plaster, nails, bolts, screws or otherwise and not withstanding the provisions of any lease, mortgage or other instrument
<br />affecting any such real property. At Lessee's sole cost and expense, Lessee shall take all actions that may be necessary or desirable
<br />to cause the Equipment and each component thereof to retain its character as personal property.
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<br />24. LATE CHARGES. If Lessor fails to receive any installment of rent or any other sum to be paid by Lessee to Lessor
<br />within ten (10) days after the due date thereof, Lessee shall pay Lessor a late charge equal to (a) 5% of such installment as service
<br />charge, and (b) interest on such unpaid installment or other amount at an annual rate equal to the lesser of 17% per annum or the
<br />maximum contract rate fixed by law, computed from the date the installment first came due until it is paid in full. It is Lessee's obligation
<br />under this Lease to ensure delivery to Lessor of all payments, rent, and otherwise, due hereunder.
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<br />25. NON-WAIVER. No covenant or condition of this Lease can be waived except by the written consent of Lessor.
<br />Forbearance or indulgence by Lessor in any regard whatsoever, shall not constitute a waiver of the covenant or condition to be
<br />performed by Lessee to which such forbearance or indulgences may apply, and until complete performance by Lessee of such
<br />covenant or condition, Lessor shall be entitled to invoke any remedy available to Lessor under this Lease or by law or in equity despite
<br />said forbearance or indulgence.
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<br />26. ENTIRE AGREEMENT. This instrument, the Schedules and any annexes or supplements hereto which refer to this
<br />Lease and state that they become part hereof constitute the complete and exclusive statement of Lessor's and Lessee's agreement
<br />concerning the subject matter hereof, and shall not be amended, altered or changed except by written agreement signed by the parties.
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<br />27. NOTICES. Services of all notices under this Lease shall be sufficient if given personally or mailed to the party
<br />involved at its respective address set forth at the foot hereof, or at such address as such party may provide in writing from time to time.
<br />Any such notice mailed to such address shall be effective only when deposited in the United States mail, duly addressed and with first-
<br />class postage prepaid in a manner which provides evidence of receipt (e.g. certified mail with return receipt, fax with transmission
<br />report, hand delivery with signed receipt.)
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<br />28. GENDER; NUMBER. Whenever the context of this Lease requires, the masculine gender includes the feminine or
<br />neuter, and the singular number includes the plural; and whenever the word "Lessor" is used herein, it shall include all assignees of
<br />Lessor. If there is more than one Lessee named in this lease, the liability of each shall be joint and several.
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<br />29. TITLES. The titles to the paragraphs of this Lease are solely for the convenience of the parties, and are not an aid in
<br />the interpretation of the instrument.
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<br />30. TIME. Time is of the essence of this Lease and each and all of its provisions.
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<br />31. GOVERNING LAW. The validity, construction and performance of this Lease shall be governed by the laws
<br />(including, without limitation, the conflict of the laws rules) of the State of Texas.
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<br />32. CONSENT TO JURISDICTION. lessee acknowledges that lessor's principal place of business is in Lucas
<br />County, Ohio. lessee hereby consents and agrees that the lamar County, Texas, Districtt Court shall have jurisdiction over
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