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<br />e <br /> <br />e <br /> <br />or in any Equipment Schedule, in no event shall this Agreement or any Lease hereunder require <br />the payment or permit the collection of Interest or any amount in the nature of Interest or fees in <br />excess of the maximum amount permitted by applicable law. Any such excess Interest or fees <br />shall first be applied to reduce Principal, and when no Principal remains, refunded to Lessee. In <br />determining whether the Interest paid or payable exceeds the highest lawful rate, the total <br />amount of Interest shall be spread through the applicable Lease Term so that the Interest is <br />uniform through such term. . <br /> <br />Section 13.9. Lessee's Performance. A failure or delay of Lessor to enforce any of the <br />provisions of this Agreement or any Lease shall in no way be construed to be a waiver of such <br />provision. <br /> <br />-15- <br />