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(j) This Lease is not and shall not become a "private activity bond" wlihul the meauing of Section 141 of the Ituemal Revenne
<br />Code nf 1986, as amended.
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<br /> (k) Lessee shall comply with all provisions of the Internal Revenue Code of 1986 which are necessary to preserve the tax
<br />exempt status of the thtarest component of the payments made and to be made under this Lease, inuiudthg, without limitatio~ the
<br />investment and rebate prov~ions of Section 148, the prohibition against federal guaranties trader Section 149 (b) and the inl'ormation
<br />reporting requirements of Section 149 (e).
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<br />7. WAP. RANTIES. Lessee agrees that it h~ selected each llcm of Etldipmcmt based upon its own judgment and disclakns any reliance
<br />upon any statements or representations made by Lessor. LESSOR MAKES NO WAPARANTy Wi'iii KESPECI' TO THE
<br />EQUIPMENT, EXPRESSED OR LMPLIED, AND LESSOR SPECIFICALLY DISCLAIMS AnqY WAlkKANTY OF
<br />MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PUtLPOSE SuND ANY LIABILITY FOR CONSEQLrENTIAL
<br />DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE EQUIPMENT. Lessee agrees to make rental and
<br />other payments required hereunder without regard to the condition of the Equipment and to look only m persons other than Lessor sucli
<br />as the ll~annihclurer, vendor or carrier thereof should any item of Equipment for any reason be defective. So long as no Event of
<br />Default has occurred and is continuing, Lessor agrees, to the extent they are assignable, to assign to Lessee, without a~xy iecourse to
<br />Lessor, any warranty received by Lessor.
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<br />8. TPFLE. Upon acceptance of the Equipment by Lessee hero,ruder, title to the Equipment will vest th the Lessee; provided, however,
<br />that (i) upon the occurrence of an Event of Deihult, as that term is defined th Section 20 liereof, or (ii) in the event that the p~rchase
<br />option, if any, has not been exercised prior to the expiration date thereof, title will immediately vest in Lessor or its assignee. Far as
<br />long as title to the Equipment vests in Lessee, Lessee at its expense shall protect mid defend the tide and keep it free of ail claims and
<br />liens othe~ than the fights of Lessee hereunder and clafins and liens created by or aftsing through Lessor. The Eqmpmetu shall remain
<br />personui property regardless of its attaclmaent to realty, and Lessee agrees to take such action at its expense as may be necessary to
<br />prevent any third par~y from ac qu[dng any interest th the Equipment as a result of its attachment to realty.
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<br />9. SECURITY AGREEMENT; b~IK'IStER ASSURANCES. To secure the performance of all Lessee's obbgations hereunder, Lessee
<br />llereby grants to Lessor a security interest constituting a first ken on the Equipment and on ali addifinns, atiacl0rae~ts, repairs,
<br />replacements and nmdificatinns thereto or therefor, including ail after acquked Equipment of Lessee, and on any proceeds therefrom.
<br />Lessee agrees to execute or dellve~ suck additional documents, incinding, without limitation, finmmthg statements, oplthom of cotmsel,
<br />notices and sindlar instruments, in form satisfactory to Lessor, which Lessor deems necessary or eppropft ate to establlsb and maintain
<br />its security interest th the Eqthpment or for the confirmmfion or perfection of tins Lease and Lessor's rights hereunder. Lessor is hereby
<br />authorized to file fmaucing statements signed oaly by Lessor m accordance with the Udiform Commercial Code or signed by Lessor as
<br />Lcssce's atlomey in Pact.
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<br />10. LAWS AND TAXES. Lessee sllall comply with all laws and regulations relating to the Equipment and its use and shall promptly
<br />pay when due all sales, me, properS, excise and other taxes and ail license and registsation fees now or hereafter imposed by any
<br />governmental body o~ agency upon the Equipment or its use or the rentuis he£em~der excluding, kowever, any taxes on or measured hy
<br />Lessor's net income. Hpon request by Lessor, Lessee slmlI prepare and file all tax returns relating to taxes for which Lessee is
<br />responsible hereunder which Lessee is pertained to file under the laws of the applicable taxing jurisdiction.
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<br />11. INDEM2qITY. Lessee llereby indenmifies m~d agrees to save Lessor hanuless from any alld all liability and expense arising out of
<br />thc ordcting, ownership, use, eondltion or operation of each item of Equipment during the term of this Lease~ including liability for
<br />death or injury to persons, damage to properv/, strict liability under the laws or judicial decisions of any state or the United States, and
<br />legal expenses th defending any clam brought to enforce any such habilily or expense, hut excluding any hability for which Lessee is
<br />not responsible uuda~ Section 10,
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<br />12. ASSRINMENT. Without Lessois ptior written consent, Lessee will not sell, assign, sublet, pledge, or otherwise encumber or
<br />pemmt a lien arising through Lessee to exist on or against any hitarest m this Lease or the Eqinpment or remove the Equipment from its
<br />location refer~ed to above. Lessor may assign its interest th this Lease and sell or grant a secm/ty interest th all o~ any part of the
<br />equipmetu without Lessee's cement. Lessee agrees not to assert against any assignee of Lessor any claim or defense Lessee may have
<br />against Lessor.
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<br />18. INSPECTION. Lessor may inspect the Equipment at m~y tune and from thne to tth~e during regular business hours.
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