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(1) the amount of all rent and other amom~ts payable by Lessee hereuuder due but tmpaid as of such date, plus (2) the amount stated in <br />the Supplement or an exhibit thereto as the Termination Balance, plus (3) an anlomtt equal to the applicable purchase price set thath in <br />the Supplement. <br /> <br />Upon thc occurrence of an Event of Default and at any time thereafter, Lessor may exercise any one or more of the remedies listed <br />below as Lessor in its sole discretion may lawfully elect; provided, however, that upon the occ~trrence of~n Event of Defa~dt specified <br />in Section 20 (d), an amount equal to Lessor's Loss as of the data of such occurrence shall automatically be md become immediately <br />due and payable without ~oluce or demand of any kind. <br /> <br />A. Lessor may, by wrlt~en notice to Lessee, temdnata tiffs Lease and declare an amotmt equal to Lessor's Loss as of the date af such <br />nofice to be immediately due and payable, and the same shall thereupun be and become immediately due and payable without further <br />notice or detained, and all fighta of Lessee to use the Eqmpment shall terminate but Lessee shall be and remath liable as provided in <br />this Section 21. Lessee shall at its expense prampfiy deliver the Eqthpme~t to Lessor at a location or locations within the continental <br />Uthted States designatad by Lesso~. Lesser may also enter upon the premises where the Equipment is located and take irrm~ed[ate <br />possession of and remove the same w/th or without inslitating legal proceedhlgs. <br /> <br />B. Lessor may proceed by appropriate court action to enforce performance by Lessee of the applicable covenants of tiffs Lease or to <br />recover, for breach of lins Lease, Lessor's Loss as of the date Lessor% Loss is declnred due and payable hereauder; provided, however, <br />that upon recovery of Lesso#s Lass from Lessee in any such action without ha~ing to repossess and dispose of the Eqmpment, Lessor <br />shall transfer the Equipment to Lessee at its then locafion upon payment of any additional amotmt dun under clause (C, D, E) below. <br /> <br />C. In the event Lessor repossesses the Equipment, Lessor shall aith~r retath the Equipment h~ full satisfaction of Lessee's obligation <br />haretmder or sell or lease each item of Equipment ~ such a manner and upon such terms as Lessor may kn its sole discretion determine. <br />The proceeds of such sale er lease shall be applied to reimburse Lessor for Lessor's Loss and any additional amount due under clause <br />(D, E) below. Lessee shall be entitled to andy sus~ins and Lessee shag remain liable for any deficiency. Far purposes of this <br />subparagraph, the procceds uf may lease of all or any part of the Eqmpment by Lessor shall be the amount reasonably assigned by <br />Lessor as thc cost of such Equipment in determining the rent under such Lease. <br /> <br />D. Lessor may recover interest on the unpaid balance of Lessor~s Loss from date it becomes payable until fully paid at a rate of 8% per <br /> <br />E. Lessor may exercise any other fight or remedy available to it by [aw or by agreement, and may in any event recover legal fees and <br />other expenses incurred by reason of an Event of Default or to the exercise of any remedy harettuder, thcludmg expenses of <br />repossession, repair, storage, tcmasportafion, and disposition of thc Eqdipmcnt. <br /> <br />No remedy given th tiffs section is intended to be exclusive, and each shall be cumulative but op. ly to the extent necessary to permit <br />Lessor 1o recover amounts Par which Lessee is liable heremader. No express or mrplied waiver by Lessor of a~y Event of DefauB shall <br />constitute a waiver of any other Event of Default. <br /> <br />22. NOTICES. Any written notice hereunder t~ Lessee shall be deemed to have been given when dehvered personally or deposited in <br />the U~ted States mails, postage prepaid, addressed to Lessee at its address set fotsl~ above or at sucl~ other address as may be last <br />lmown to Lessor. <br /> <br />23. NET LEASE AND UNCONDITIONAL OBLIGATION. Tins Lease is a completely net lease m~d Lessee's obligation to pay the <br />rent and amounts payable by Lessee under Sections 15 and 21 is unconditional a~td not subject to any abatement, reduction, setoff or <br />defense of any lcfad except as expressly provided herein. <br /> <br />25. NON-CANCELLABLE LEASE. This Eease cannot bc canceled or tom'anted except as expressly provided herein. <br /> <br />26. SURVIVAL OF INDEMNITIES. Lessee's obligations ~mder Sections I0 and I 1 shall survive tcmfion of this Lease. <br /> <br /> <br />