Any provision in the Agreement stating thal you shall indemnify and hold us harmless is hereby amended and restated as follows: “You
shall not be required to indemnify or hold us harmless against liabilities arising from this Agreement. However, as between you and us,
and to the extent permitted by law and legally available funds, you are responsible for and shall bear the risk of loss for, shall pay directly,
and shall defend against any and all claims, liabililies, proceedings, actions, expenses, damages or losses arising under or related to the
Equipment, including, but not limited to, tne possession, ownership, lease, use or operation thereof, except that yau shall not bear the risk
of loss of, nor pay for, any claims, llabilities, proceedings, actions, expenses, damages or losses that arise directly from events occurring
after you have surrendered possession of the Equipment in accordance with the terms of this Agreement to us or that arise directly from
our gross negligence or wiillul misconduct,”
Any provision in the Agreement stating that a default by you under any agreement with our affiliates or other Jenders shall be an event of
default under the Agreement is hereby amended and restated as follows: “You will be in defauit if: {i} you do not pay any Payment or other
sum due to us under this Agreement when due or you fail to perform in accordance wilh the covenants, {erms and conditions of this
Agreement; (ii) you make or have made any false statement or misrepresentation to us; or (fi) you dissolve, liquidate, terminate your
existence or are in bankruptcy."
Any provision in the Agreement stating that you shall pay our attorneys’ fees is hereby amended and restaled as follows: “in the event of
any dispute or enforcement of rights under this Agreement or any related agreement, yau agree to pay, to the extent permitted by law and
to the extent of legally available funds, our reasonable attorneys’ fees (including any incurred before or at trial, on appeal or in any olher
proceeding}, actual courl casts and any other collection costs, Including any collection agency fee,”
Any provision in the Agreement requiring you to pay amounts due under the Agreement upon the occurrence of @ default, fallure to
appropriate funds or failure to renew the Agreement is hereby amended to limit such requirement fo the extent permitted by law and legally
available funds.
Any provision in tha Agreement stating that the Agreement is govemed by particular state's laws and you consent to such jurisdiction and
venue is hereby amended and restated as follows: “This Agreement will be governed by and construed in accordance with the laws of the
state where you are located. You consefi{ to jurisdiction and venue of any state or federal court in such state and waive the defense of
inconvenient forum.”
By signing this Addendum, Customer acknowledges the above changes to the Agreement and authorizes Lessor to make such changes. In the
event of any conflict between this Addendum and the Agreement, this Addendum shall prevail. In all olher respects, the terms and conditions of the
Agreement remain in full force and effect and remain binding on Customer.
U.S. Bank Equipment Finance
Lessor Customer
x
Signature Signature
Tiile Date Title Date
NOTE: CAPITALIZED TERMS iN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE.
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