Section 9. Rental Payments. Lessee will pay Rental Payments from all legally available funds, in
lawful money of the United States of America to Lessor in the amounts and on the dates set forth on the
Payment Schedule, such payment to be made by wire or other form of electronic payment in accordance
with written instructions provided by Lessor or, with Lessor’s consent, by such other commercially
reasonable method of payment. Rental Payments will be in consideration for Lessee’s use of the
Equipment during the fiscal year in which such payments are due. Any Rental Payment not received on
or before its due date will bear interest at the rate of 10% per annum or the maximum amount permitted
by law, whichever is less, from its due date.
In the event thatitis determined that any of the interest components of Rental Payments may not be
excluded from grossincome for purposes of federal income taxation, Lessee agrees to pay to Lessor
promptly after any such determination and on each Rental Payment Date thereafter an additional amount
determined by Lessor to com pensate Lessor for the loss of such excludability (including without limitation,
compensation relating to interest expense, penalties or additions to tax), which determination shall be
conclusive absent manifest error.
Section 10. Interest Component. As set forth on the Payment Schedule, a portion of each Rental
Payment is paidas, andrepresents payment of, interest.
Section 11. Rental Payments To Be Unconditional. Except as provided in Section 8, the
obligations of Lessee to make Rental Payments and to perform and observe the other covenants
and agreements contained herein shall be absolute and unconditional in all events without
abatement, diminution, deduction, set-off or defense, for any reason, including without limitation
any failure by any Vendor to deliver or install the Equipment or otherwise perform any of its
obligations for whatever reason, including bankruptcy, insolvency, reorganization or similar event
with respect to any Vendor or under any Vendor Agreement, disputes with Lessor or the Vendor of
any of the Equipment, any defects, malfunctions, breakdowns or infirmities in the Equipment or
any accident, condemnation or unforeseen circumstances.
Section 12. Rental Payments to Constitute a Current Expense of Lessee. The obligation of Lessee to
pay Rental Payments hereunder will constitute a current expense of Lessee, are from year to year and do
not constitute a mandatory payment obligation of Lessee in any fiscal year beyond the then current fiscal
year of Lessee. Lessee’s obligation hereunder will not in any way be construed to be an indebtedness of
Lessee in contravention of any applicable constitutional, charter or statutory limitation or requirement
concerning the creation of indebtedness by Lessee, nor will anything contained herein constitute a pledge
of the general credit, tax revenues, funds or moneys of Lessee.
Section 13. Delivery, Installation and Acceptance of the Equipment. Lessee will order the
Equipment, cause the Equipment to be delivered and installed at the locations specified on Exhibit A and
pay any and all delivery and installation costs in connection therewith. When the Equipment has been
delivered and installed, Lessee willimmediately accept the Equipment and evidence said acceptance by
exe cuting and delivering to Lessor an acceptance certificate in form and substance acceptable to Lessor.
After it has been delivered andinstalled, the Equipment will not be moved from the location(s) specified on
Exhibit A without Lessor’s consent, which consent will not be unreasonably withheld.
Section 14. Enjoyment of Equipment. Lessor hereby covenants to provide Lessee with quiet use and
enjoyment of the Equipment during the Lease Term, and Lessee will peaceably and quietly have and hold
and enjoy the Equipment during the Lease Term, without suit, trouble or hindrance from Lessor, except
as otherwise expressly set forth in this Agreement.
Section 15. Right of Inspection. Lessor will have the right at all reasonable times during regular
business hours to enter into and upon the property of Lessee for the purpose of inspecting the Equipment.
Section 16. Use of the Equipment. Lessee will not install, use, operate or maintain the Equipment
improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by
this Agreement. Lessee will obtain all permits and licenses, if any, necessary for the installation and
operation of the Equipment. In addition, Lessee agrees to comply in all respects (including, without
limitation, with respect to the use, maintenance and operation of each item of the Equipment) with all
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