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(b) If Lessor enters upon Lessee's premises to remove any of the Equipment, Lessee expressly
<br />waives any right Lessee may have against Lessor for trespass or for any damage which may be occasioned by
<br />Lessor's removal of any of the Equipment from Lessee's premises, and shall hold Lessor harmless against any other
<br />party's claim of damage.
<br />(c) Lessee's interest herein may not be assigned or transferred by operation of law.
<br />(d) Lessor may assign this Lease or mortgage the Equipment or both in whole or in part,
<br />without notice to Lessee. If Lessee is given notice of such assignment, Lessee shall (if Lessor requests) acknowledge
<br />receipt thereof in writing. Each such assignee or mortgagee shall have all of the rights, BUT NONE OF THE
<br />OBLIGATIONS, of Lessor under this Lease. Lessee shall not assert against any assignee and /or mortgages any
<br />defense, counterclaim or offset that the Lessee may have against Lessor. Lessee agrees that it shall not assert
<br />against an assignee and /or mortgagee any defense, counterclaim or offset that Lessee may have against Lessor.
<br />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
<br />have under this Lease, and obligates Lessee to pay to the assignee all rent and other sums due under this
<br />Lease irrevocably, absolutely, unconditionally and in all events, despite any occurrence which might cause this Lease
<br />to be terminated (either as a matter of law or otherwise) or prevent Lessee from enjoying the use of any item of
<br />Equipment or all of the Equipment, or reduce its value or utility to Lessee. Notwithstanding any such assignments,
<br />Lessor agrees the Lessee may quietly enjoy use of the Equipment subject to, and so long as Lessee complies with, all
<br />of the terms and conditions of this Lease. Subject to the foregoing, this lease inures to the benefit of and is binding upon
<br />the heirs, legatees, personal representatives, successors and assigns of the parties hereto.
<br />22. PERSONAL PROPERTY. The Equipment is, and at all times shall be and remain, personal property
<br />notwithstanding that the Equipment or any item thereof may now be, or hereafter become, in any manner affixed or
<br />attached to, or imbedded in, or permanently resting upon, real property or any improvement thereon, or attached in any
<br />manner to what is permanent as by means of cement, plaster, nails, bolts, screws or otherwise and notwithstanding
<br />the provisions of any lease, mortgage or other instrument affecting any such real property. At Lessee's sole cost and
<br />expense, Lessee shall take all actions that may be necessary or desirable to cause the Equipment and each component
<br />thereof to retain is character as personal property.
<br />23. LATE CHARGES. Except as permitted by Section 2(c) hereof, if Lessor fails to receive any installment
<br />of rent or any other sum to be paid by Lessee to Lessor within ten (10) days after the due date thereof, Lessee shall
<br />pay Lessor a late charge equal to (a) 5% of such installment as service charge, and (b) interest on such unpaid
<br />installment or other amount at an annual rate equal to the lesser of 3.00% per annum or the maximum contract rate•
<br />fixed bylaw, computed from the date the installment first came due until it is paid infull. It is Lessee's obligation under
<br />this Lease to ensure delivery to Lessorof all payments, rent, and otherwise, due hereunder.
<br />24. NON - WAIVER. No covenant or condition of this Lease can be waived except by the written consent
<br />of Lessor. Forbearance or indulgence by Lessor in any regards whatsoever shall not constitute a waiver of the
<br />covenant or condition to be performed by Lessee. to which such forbearance or indulgences may apply, and until
<br />complete performance by Lessee of such covenant or condition, Lessor shall be entitled to invoke any remedy
<br />available to Lessor under this Lease or by law or inequity despite said forbearance or indulgence.
<br />25. ENTIRE AGREEMENT. This instrument, the Schedules and any annexes or supplements hereto which
<br />refer to this Lease and state that they become part hereof constitute the complete and exclusive statement of Lessor's
<br />and Lessee's agreement concerning the subject matter hereof, and shall not be amended, altered or changed except by
<br />written agreement signed by the parties.
<br />26. NOTICES. Services of all notices under this Lease shall be sufficient if given personally or mailed to
<br />the party involved at its respective address set forth at the foot hereof, or at such address as such party may provide
<br />in writing from time to time. Any such notice mailed to such address shall be effective only when deposited in the United
<br />States mail, duly addressed and with first -class postage prepaid in a manner which provides evidence of receipt (e.g.
<br />certified mail with return receipt, fax with transmission report, hand - delivered with receipt).
<br />27. GENDER; NUMBER. Whenever the context of this Lease requires, the masculine gender includes the
<br />feminine or neuter, and the singular number includes the plural; and whenever the word "Lessor" is used herein, it
<br />shall include all assignees of Lessor. If there is more than one Lessee named in this lease, the liability of each shall
<br />bejoint and several.
<br />28. TITLES. The titles to the paragraphs of this Lease are solely for the convenience of the parties, and are
<br />not an aid in the interpretation of the instrument.
<br />29. TIME. Time is of the essence of this Lease and each and all of its provisions.
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