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._.... ,...., . - :n �, .. •.. .. .,., •. .• . .. .,..+ nwl n4s�I +MaR \M.'1'teil�Ae+hl4Yraosl�. Page 6 loco the total amount of all rento which represented equity in the equipment previously paid under this Agreement, plus rent due on ouch date, pluo any other amounts then payable by Lessee hereunder. Upon ouch payment-, the Lease Term shall terminate, any security interest- of Lessor in the Equipment- shall terminate, and Lessee will acquire unencumbered title to the Equipment as provided in Section 10. If.Leasee is not then in default hereunder, any portion of the Not Proceeds in excess of the amount required to pay in full Lessee's obligations as set- forth in this Section shall be for the account o the Lessee. Lessee agrees that if the Net Proceeds are insufficient to pay in full Leadee'a obligations as set- forth in this Section, Lessee shall make ouch payments to th extent- of any deficiency. 9. WARRANTY. Products and parts manufactured by TYMCO, INC., and all services performe by TYMCO, INC., are subject to the applicable Warranty currently published by TYMCO, INC., which Warranty is, by this reference, incorporated herein. Copies of said Warranty may be obtained from any office of TYMCO, INC., or from any authorized TYMCO dealer. LESSOR MAKES NO OTHER WARRANTY EXPRESS OR IMPLIED REGARDING THE CAPACITY OF THE REQUIREMENT OR TIIAT THE EQUIPMENT WILL SATISFY THE REQUIREMENTS OF ANY LAW, REGULATION O; SPECIFICATION OR THAT THE EQUIPMENT WILL BE FIT FOR ANY PARTICULAR PURPOSE. 10. PURCHASE OF EQUIPMENT BY LESSEE. The Lessee will have an option to purchase and cal exercise that option to acquire title free and clear of all liens, and thin Agreement will terminate provided Leacee is not then in default upon the occurrence of either of the following events: (a) the end of the Full Lease Term, upon payment in full of all rent and other amounts payable by Leooee hereunder for the Full Lease Term; or (b) at the end of the Original Term or any Renewal Term, or any month within ouch Original Term or any Renewal Term, as set forth in the column entitled "Principal Balance" within Exhibit C incorporated herein by this reference, upon payment by Lessee of the then applicable Purchase Price plus all other sumo then due by Lessee hereunder. 11. ASSIGNMENT: INDEMNIFICATION. (a) Assignment. This Agreement and the interest of Lessee in the Equipment may not be cold, assigned, sublet or encumbered by Lessee without prior written consent of Lessor. This Agreement, and the obligations of Lessee to pay rent hereunder, may be assigned and reassigned in whole or in part to one or more' aeoigneeo by Lessor subject to their terms of this Lease /Purchase Agreement at any time without the necessity of obtaining the consent of Lessee. Lessor agrees to give notice of assignment- to Lessee and upon receipt of ouch notice, Lessee agrees to make all payments to the assignee designated in the assignment, notwithstanding any claim, defena or setoff (whether arising from a breach of the Agreement or otherwise) that Lessee may have against Lessor's aaoigneea. Lessee agrees to execute all documents, including notices of assignment and chattel mortgages or financing statements which may reasonably be requested by Lessor or its asoigneen to protect- their interests in the Equipment and in thin Agreement. (b) Lessee agrees to indemnify and hold harmless Lessor for any damage or injury of any kind, arising out of the negligence or actionable conduct of Lessee, its employees, agents, representatives or contractors, or any person or entity alleged to be an employee, agent, representative or contractor of Lessee. 12. EVENTS OF DEFAULT AND REMEDIES. (a) Events of Default. The following shall be "events of default" under this agreement and the term "default" shall mean any one or more of the following events: (1) failure by Lessee to pay any rent or other payment required to be paid hereunder at the time specified herein; or (2) failure by Lessee to observe and perform any other agreement on its part to be observed in ouch time prior to its expiration; (3) any statement contained herein or furnished with respect- hereto by o on behalf of Lessee proving to have been false in any material respect at the time that it was made; or (4) the filing by Lessee of any petition or answer seeking