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21. ASSIGNMENT.
<br />(a) WITHOUT LESSOR'S PRIOR WRITTEN CONSENT, LESSEE SHALL
<br />NOT (1) ASSIGN, TRANSFER, PLEDGE OR HYPOTHECATE THIS LEASE, THE EQUIPMENT
<br />OR ANY ITEMS THEREOF, OR ANY INTEREST THEREIN, OR (2) SUBLET OR LEND THE
<br />EQUIPMENT OR ANY ITEMS THEREOF, OR PERMIT THE EQUIPMENT OR ANY ITEMS
<br />THEREOF TO BE USED BY ANYONE OTHER THAN LESSEE OR LESSEE'S EMPLOYEES.
<br />Consent to any one of the foregoing acts applies only in the given instance and is not a consent to any
<br />subsequent like acts by Lessee or any other person or entity.
<br />(b) If Lessor enters upon Lessee's premises to remove any of the Equipment,
<br />Lessee expressly waives any right Lessee may have against Lessor for trespass or for any
<br />damage which may be occasioned by Lessor's removal of any of the Equipment from Lessee's
<br />premises, and shall hold Lessor harmless against any other party's claim of damage.
<br />(c) Lessee's interest herein may not be assigned or transferred by operation of
<br />law.
<br />(d) Lessor may assign this Lease or mortgage the Equipment or both in
<br />whole or in part, without notice to Lessee. If Lessee is given notice of such assignment, Lessee
<br />shall (if Lessor requests) acknowledge receipt thereof in writing. Each such assignee or mortgagee
<br />shall have all of the rights, BUT NONE OF THE OBLIGATIONS, of Lessor under this Lease. Lessee
<br />shall not assert against any assignee and /or mortgages any defense, counterclaim or offset that
<br />the Lessee may have against Lessor. Lessee agrees that it shall not assert against an assignee
<br />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
<br />sentence imposes upon Lessee all the risks that might be associated with any failure by Lessor to
<br />perform all obligations that it might have under this Lease, and obligates Lessee to pay to the
<br />assignee all rent and other sums due under this Lease irrevocably, absolutely, unconditionally
<br />and in all events, despite any occurrence which might cause this Lease to be terminated (either as
<br />a matter of law or otherwise) or prevent Lessee from enjoying the use of any item of Equipment or
<br />all of the Equipment, or reduce its value or utility to Lessee. Notwithstanding any such
<br />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
<br />foregoing, this lease inures to the benefit of and is binding upon the heirs, legatees, personal
<br />representatives, successors and assigns of the parties hereto.
<br />22. PERSONAL PROPERTY. The Equipment is, and at all times shall be and remain,
<br />personal property notwithstanding that the Equipment or any item thereof may now be, or hereafter
<br />become, in any manner affixed or attached to, or imbedded in, or permanently resting upon, real
<br />property or any improvement thereon, or attached in any manner to what is permanent as by means
<br />of cement, plaster, nails, bolts, screws or otherwise and notwithstanding the provisions of any
<br />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
<br />and each component thereof to retain is character as personal property.
<br />23. LATE CHARGES. Except as permitted by Section 2(c) hereof, if Lessor fails to
<br />receive any installment of rent or any other sum to be paid by Lessee to Lessor within ten (10)
<br />days after the due date thereof, Lessee shall pay Lessor a late charge equal to (a) 5% of such
<br />installment as service charge, and (b) interest on such unpaid installment or other amount at an
<br />annual rate equal to the lesser of 3.00% per annum or the maximum contract rate- fixed by law,
<br />computed from the date the installment first came due until it is paid in full. It is Lessee's obligation
<br />underthis Lease to ensure delivery to Lessor of all payments, rent, and otherwise, due hereunder.
<br />24. NON - WAIVER. No covenant or condition of this Lease can be waived except by
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