Equipment Lease (Page 2 of 4) in pdf

7. Repairs.

Lessee, at its own cost and expense, shall keep the Equipment in good repair, condition and working

order and shall furnish any and all parts, mechanisms and devices required to keep the Equipment in

good mechanical working order.

8. Loss and Damage.

A. Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment from

any and every cause whatsoever. No loss or damage to the Equipment or any part thereof shall impair

any obligation of Lessee under this Lease which shall continue in full force and effect through the

term of the Lease.

B. In the event of loss or damage of any kind whatever to the Equipment, Lessee shall, at Lessor's

option:

(i) Place the same in good repair, condition and working order; or

(ii) Replace the same with like equipment in good repair, condition and working order; or

(iii) Pay to Lessor the replacement cost of the Equipment via check or credit card deduction.

9. Surrender.

Upon the expiration or earlier termination of this Lease, Lessee shall return the Equipment to Lessor

in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof

alone excepted, by shipping such Equipment and accompanying software at Lessee's cost and expense

to such place as Lessor shall specify, or pay Lessor the value as indicated above.

10. Lessor's Payment.

In case of failure of Lessee to pay fees, assessments, charges and taxes, all as specified in this Lease,

Lessor shall have the right, but shall not be obligated, to debit Lessee’s credit card for the full amount

of said fees, charges and taxes, as the case may be.

11. Indemnity.

Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions,

suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney's fees and

costs, arising out of, connected with, or resulting from Lessee's use of the Equipment and/or

accompanying software, including without limitation the manufacture, selection, delivery, possession,

use, operation, or return of the Equipment and/or accompanying software.

12. Default.

If Lessee fails to pay any rental or other amount herein provided, within ten (10) days after the same

is due and payable, or if Lessee fails to observe, keep or perform any other provision of this Lease

required to be observed, kept or performed by Lessee, Lessor shall have the right to exercise any one

or more of the following remedies:

A. To declare the entire amount of lease hereunder immediately due and payable without notice or

demand to Lessee.

B. To sue for and recover all charges, and other payments, then accrued or thereafter accruing.

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Equipment Lease Page 2