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Section 93 Modification of Equipment. Lessee will not, without the prior written consent of Lessor, affix or install any accessory
<br />equipment or device on any of the Equipment if such addition will change or impair the originally intended value, function or use of the
<br />Equipment.
<br />Section 9.4. Personal Property. The Equipment is and shall at all tunes be and remain personal property and not fixtures.
<br />ARTICLE X. WARRANTIES
<br />Section 10.1. Selection of Eguiument. Each Vendor and all of the Equipment have been selected by Lessee. Lessor shall have no
<br />responsibility in connection with the selection of the Equipment, the ordering of the Equipment, its suitability for the use intended by
<br />Lessee, the acceptance by any Vendor or its sales representative of any order submitted, or any delay or failure by such Vendor or its sales
<br />representative to manufacture, deliver or install any Equipment for use by Lessee.
<br />Section 10.2. Vendor's Warranties. Lessor hereby assigns to Lessee for and during the related Lease Temr, all of its interest, if any, in
<br />all Vendor's warranties, guazantees and patent indemnity protection, express or implied issued on or applicable to an Equipment Group,
<br />and Lessee may obtain the customary services famished in connection with such warranties and guarantees at Lessee's expense. Lessor
<br />has no obligation to enforce any Vendor's warranties or obligations on behalf of itself or Lessee.
<br />Section 10.3. Disclaimer of Warranties. LESSEE ACKNOWLEDGES THAT THE EQUIPMENT IS OF A SIZE, DESIGN,
<br />CAPACITY, AND MANUFACTURE SELECTED BY LESSEE. LESSEE ACKNOWLEDGES THAT TT SELECTED THE
<br />EQUIPMENT WITHOUT ASSISTANCE OF LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR IS NOT A MANUFACTURER OF
<br />THE EQUIPMENT OR A DEALER IN SIMILAR EQUIPMENT, AND DOES NOT INSPECT THE EQUIPMENT BEFORE
<br />DELIVERY TO LESSEE. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO
<br />THE VALUE, DESIGN, CONDITION, QUALITY, DURABILITY, SUITABILITY, MERCHANT-ABILITY OR FITNESS FOR ANY
<br />PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY LESSEE OF THE EQUIPMENT, OR ANY OTHER
<br />REPRESENTATION OR WARRANTY WITH RESPECT TO THE EQUIPMENT. IN NO EVEN"I' SHALL LESSOR BE LL4BLE
<br />FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITT3 OR ARISING OUT OF THIS
<br />AGREEMENT OR THE EQUIPMENT OR LESSEE'S USE OF THE EQUIPMENT.
<br />ARTICLE XI. ASSIGNMENT AND SUBLEASING
<br />Section 11.1. Assit>rrment by Lessor. Lessor, without Lessee's consent, may assign and reassign all of Lessor's right, title and/or interest
<br />in and to this Agreement or any Lease, including, but not limited to, the Rental Payments and other amounts payable by Lessee and
<br />Lessor's interest in the Equipment, in whole or in part to one or more assignees or subassignee(s) by Lessor at any time. No such
<br />assignment shall be effective as against Lessee unless and until written notice of the assignment is provided to Lessee. When presented
<br />with a notice of assignment, Lessee will acknowledge in writing receipt of such notice for the benefit of Lessor and any assignee. Lessee
<br />shall keep a complete and accurate record of all such assignments.
<br />Secfion 112 Assi¢nment and Subleasin¢ by Lessee. Neither this Agreement nor any Lease or any Equipment may be assigned,
<br />subleased, sold, transferred, pledged or mortgaged by Lessee.
<br />ARTICLE XII. EVENTS OF DEFAULT AND REMEDIES
<br />Section 12.1. Events of Default Defined. The occurrence of any of the following events shall constitute an Event of Default under this
<br />Agreement and each Lease:
<br />(a) Lessee's failure to pay, within ten (10) days following the due date thereof, any Rental Payment or other amount required to be
<br />paid to Lessor (other than by reason ofNon-Appropriation).
<br />(b) Lessee's faIlure to maintain insurance as required by Article VII.
<br />(c) With the exception of the above clauses (a) & (b), Lessee's failure to perform or abide by any condition, agreement or covenant
<br />for a period of thirty (30) days after written notice by Lessor to Lessee specifying such failure and requesting that it be remedied, unless
<br />Lessor shall agree in writing to an extension of time prior to its expiration.
<br />(d) Lessor's detemvnation that any representation or warranty made by Lessee in this Ageement was untme in any material respect
<br />upon execution of this Agreement or any Equipment Schedule.
<br />(e) The occurrence of an Event of Taxability.
<br />(f) The filing of a petition in banlauptcy by or against Lessee, or failure by Lessee promptly to lift any execution, garnishment or
<br />attachment of such consequence as would impair the ability of Lessee to carry on its governmental functions or assignment by Lessee for
<br />the benefit of creditors, or the entry by Lessee into an agreement of composition with creditors, or the approval by a court of competent
<br />jurisdiction of any adjustment of indebtedness of Lessee, or the dissolution or liquidation of Lessee.
<br />Section 12.2. Remedies on Default. Upon the occurrence of any Event of Default, Lessor shall have the right, at its option and without
<br />any further demand or notice to one or more or all of the following remedies:
<br />(a) Lessor, with or without terminating this Agreement or any Lease, may declare all Rental Payments immediately due and payable
<br />by Lessee, whereupon such Rental Payments shall be immediately due and payable.
<br />(b) Lessor, with or without terminating this Agreement or any Lease, may repossess any or all of the Equipment by giving Lessee
<br />written notice to deliver such Equipment in the manner provided in Section 12.3; or in the event Lessee fails to do so within ten (10) days
<br />after receipt of such notice, Lessor may enter upon Lessee's premises where such Equipment is kept and take possession of such
<br />Equipment and charge Lessee for costs incurred, including reasonable attorneys' fees. Lessee hereby expressly waives any damages
<br />occasioned by such repossession. If the Equipment or any portion has been destroyed, Lessee shall pay the applicable Prepayment Price of
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