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If Lessor so requests Lessee shall furnish Lessor a written statement (1) setting forth the
<br />matters stated in clauses "(a)," "(b)," and "(c)," and (2) approving the contract or invoice for such
<br />Equipment, and (3) requesting Lessorto pay Vendor the purchase price thereof.
<br />6. USES AND LOCATION.
<br />(a) Lessee shall use the Equipment in a careful and proper manner, only in the
<br />normal and ordinary course of Lessee's business, and Lessee shall comply with, and shall use the
<br />Equipment in accordance with, (1) any and all state, federal, and local laws, rules, regulations,
<br />statutes and ordinances applicable to Lessor and /or Lessee relating to the use, possession,
<br />operation, licensing, registration, maintenance or inspection of the Equipment, (2) inspection policies
<br />in effect with respect to the Equipment, (3) warranties of any and all vendors and manufacturers with
<br />respect to the Equipment or any component thereof, and (4) operating instructions furnished by any
<br />and all manufacturers, vendors and other suppliers of the Equipment.
<br />(b) Lessor shall have the right to inspect the Equipment and observe its use
<br />during normal business hours and any other reasonable time and, to the extent permitted by law,
<br />enter into and upon the premises where the Equipment may be located for such purpose. Lessee
<br />shall maintain possession of each Item of Equipment at, and shall not remove any item of Equipment
<br />from, its location as shown on the Schedule for that item of Equipment without Lessor's prior written
<br />consent. Lessee shall give Lessor immediate notice of any attachment or other judicial process
<br />affecting any item of Equipment and title to such item, whenever requested by Lessor, shall advise
<br />Lessor of the exact location of each Item of Equipment.
<br />TITLE; SECURITY INTEREST
<br />(a) Upon Lessee's acceptance of any Equipment under this Agreement, title to
<br />the equipment shall vest in Lessee, subject to Lessor's security interest therein and all of Lessor's
<br />other rights under this Agreement.
<br />(b) As collateral security for the Secured Obligations Lessee hereby grants to
<br />Lessor a first priority security interest in any and all of the Equipment. Lessee agrees to execute and
<br />deliver to Lessor all necessary documents to evidence and perfect such security interest, including
<br />without limitation, Uniform Commercial Code (UCC) financing statements and any amendments
<br />thereto.
<br />(c) "Secured Obligations" means Lessee's obligations to pay all rent payments
<br />and all other amounts due and payable under the Municipal Lease Agreement.
<br />8. MARKINGS. If at any time during the term hereof, Lessor supplies Lessee with
<br />labels, plates or other marking, stating that the Equipment is owned by Lessor, Lessee shall affix
<br />such marking to and keep them on a permanent and prominent place on the Equipment. Lessee
<br />shall not allow the name of any person, association or corporation to be placed on any Item of
<br />Equipment as a designation that might be interpreted as a claim of ownership, provided that Lessee
<br />may cause any Item of Equipment to be lettered with Lessee's corporate name and /or corporate
<br />symbol if applicable, as an appropriate and convenient way to identify Lessee's interest, underthis
<br />Lease.
<br />9. MAINTENANCE AND REPAIRS. Lessee, at its own cost and expense, shall (a)
<br />maintain and keep the Equipment and all components thereof in good repair, condition and
<br />working order and in good condition as to appearance and mechanical performance, ordinary
<br />wear and tear from authorized use excepted, (b) make all reasonable and necessary repairs, (c)
<br />purchase replacements for and replace worn or defective components of the Equipment, so as to
<br />keep the Equipment in good mechanical and working order, and (d) cause the Equipment and
<br />all components thereof to meet the applicable standards of any applicable governmental
<br />agency with jurisdiction over Lessor, Lessee or the Equipment whether or not such requirements,
<br />by their terms, are normally imposed upon Lessee. Lessee shall pay for any and all replacement
<br />parts and components required by this section, and all such replacement parts and components
<br />
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