Common use of NO WARRANTIES BY LESSOR Clause in Contracts

NO WARRANTIES BY LESSOR. Lessee represents that, at the Installation Date thereof, it shall have (a) thoroughly inspected the Equipment; (b) determined for itself that all items of Equipment are of a size, design, capacity and manufacture selected by it; and (c) satisfied itself that the Equipment is suitable for Lessee's purposes. LESSOR SUPPLIES THE EQUIPMENT AS IS AND NOT BEING THE MANUFACTURER OF THE EQUIPMENT, THE MANUFACTURER'S AGENT OR THE SELLER'S AGENT, MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED AS TO THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP OR AS TO PATENT INFRINGEMENT OR THE LIKE, it being agreed that all such risks, as between Lessor and Lessee, are to be borne by Lessee. Lessee agrees to look solely to the manufacturer or to suppliers of the Equipment for any and all warranty claims and any and all warranties made by the manufacturer or the supplier of Lessor are, to the extent to which the same may be assignable, hereby assigned to Lessee for the term of the applicable Equipment Schedule. Lessee agrees that Lessor shall not be responsible for the delivery, installation, maintenance, operation or service of the Equipment or for delay or inadequacy of any or all of the foregoing. Lessor shall not be responsible for any direct or consequential loss or damage resulting from the installation, operation or use of the Equipment or otherwise. Lessee will defend, indemnify and hold Lessor harmless against any and all claims, demands and liabilities arising out of or in connection with the design, manufacture, possession or operation of the Equipment.

NO WARRANTIES BY LESSOR. Lessee represents that, at the Installation Date thereof, it shall have (a) thoroughly inspected Lessee has selected both (i) the Equipment and (ii) the suppliers (herein called "Vendor") from whom Lessor is to purchase the Equipment; (b) determined for itself that all items of Equipment are of a size, design, capacity and manufacture selected by it; and (c) satisfied itself that the Equipment is suitable for Lessee's purposes. LESSOR SUPPLIES THE EQUIPMENT AS IS AND NOT BEING THE MANUFACTURER OF THE EQUIPMENT, THE MANUFACTURER'S AGENT OR THE SELLER'S AGENT, MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING THE CONDITION OF THE EQUIPMENT'S MERCHANTABILITY, ITS MERCHANTABILITY OR ITS FITNESS FOR A ANY PARTICULAR PURPOSE, DESIGN, CONDITION, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP OR AND AS TO PATENT INFRINGEMENT OR LESSOR, LESSEE LEASES THE LIKEEQUIPMENT "AS IS" AND WITH ALL FAULTS. (b) If the Equipment is not properly installed, it being agreed that does not operate as represented or warranted by Vendor or is unsatisfactory for any reason, Lessee shall make any claim on account thereof solely against Vendor and shall, nevertheless, pay Lessor all rent payable under this Lease, Lessee hereby waiving any such risks, claims as between against Lessor. Lessor and Lessee, are to be borne by Lessee. Lessee hereby agrees to look assign to Lessee solely to for the manufacturer or to suppliers purpose of the Equipment for making and prosecuting any and all warranty claims and any and all warranties made by the manufacturer or the supplier of Lessor aresaid claim, to the extent to which the same may be assignable, all of the rights which Lessor has against Vendor for breach of warranty or other representation respecting the Equipment. Lessor shall have no responsibility for delay or failure to fill the order. (c) Lessee understands and agrees that neither the Vendor nor any salesman or other agent of the Vendor is an agent of Lessor. No salesman or agent of Vendor is authorized to waive or alter any term or condition of this Lease, and no representations as to the Equipment or any other matter by the Vendor shall in any way affect Lessee's duty to pay the rent and perform its other obligations as set forth in this Lease. (d) Lessee hereby assigned requests Lessor to purchase Equipment from Vendor and to lease Equipment to Lessee for on the term terms and conditions of the applicable Equipment ScheduleLease set forth herein. (e) Lessee agrees that hereby authorizes Lessor shall not be responsible for to insert in this Lease and each Schedule hereto the delivery, installation, maintenance, operation or service serial numbers and other identification data of the Equipment or for delay or inadequacy of any or all of the foregoing. Lessor shall not be responsible for any direct or consequential loss or damage resulting from the installation, operation or use of the Equipment or otherwise. Lessee will defend, indemnify and hold Lessor harmless against any and all claims, demands and liabilities arising out of or in connection with the design, manufacture, possession or operation of the Equipmentwhen determined by Lessor.

NO WARRANTIES BY LESSOR. The Lessee represents that, at the Installation Date thereof, it shall have (a) thoroughly inspected the Equipment; (b) determined for itself that all items of Equipment are of a size, design, capacity and manufacture selected by it; and (c) satisfied itself that the Equipment is suitable for Lessee's purposes. LESSOR SUPPLIES THE EQUIPMENT AS IS AND NOT BEING THE MANUFACTURER OF THE EQUIPMENTLessee has selected the equipment leased under the terms stated in this Agreement and the Lessee acknowledges the Lessor has made and makes no representations or warranties of any kind or nature, THE MANUFACTURER'S AGENT OR THE SELLER'S AGENTdirectly or indirectly, MAKES NO WARRANTY OR REPRESENTATIONexpress or implied, EITHER EXPRESS OR IMPLIED AS TO THE EQUIPMENT'S MERCHANTABILITYas to any matter whatsoever, FITNESS FOR A PARTICULAR PURPOSEincluding the suitability of the equipment, DESIGNits durability, CONDITIONits condition, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP OR AS TO PATENT INFRINGEMENT OR THE LIKE, it being agreed that all such risksor its quality and, as between the Lessee and the Lessor or the Lessor's assignee, the Lessee leases the equipment "As-Is." The Lessor also disclaims any warranty of merchantability or fitness for use or purpose whether arising by operation of law or otherwise. The Lessor and Lessee, are to the Lessor's assignee shall not be borne by Lessee. Lessee agrees to look solely liable to the manufacturer Lessee or to suppliers others for any loss, damage or expense of any kind or nature caused directly or indirectly by any equipment however arising, or the use or maintenance of the Equipment for equipment or the failure of operation of the equipment, or the repairs, service or adjustment to the equipment. No representation or warranty as to the equipment or any and all warranty claims and any and all warranties made other matter by the manufacturer of the equipment (the "Manufacturer") or other shall be binding on the supplier Lessor nor shall the breach of Lessor aresuch relieve the Lessee of, or in any way affect, any of the Lessee's obligations to the extent to which Lessor in this Agreement. If the same may be assignableequipment is not satisfactory for any reason, hereby assigned to the Lessee shall make any claim on account of that solely against the Manufacturer and the Lessee shall nevertheless pay the Lessor all rent payable under this Lease, solely for the term purpose of making and prosecuting any such claim, any rights it may have against the applicable Equipment ScheduleManufacturer for breach of warranty or representation respecting the equipment. Regardless of cause, the Lessee agrees that will not assert any claim whatsoever against the Lessor shall not be responsible for the deliveryloss or anticipatory profits or any other indirect, installation, maintenance, operation or service of the Equipment or for delay or inadequacy of any or all of the foregoing. Lessor shall not be responsible for any direct special or consequential loss damages. The Lessor makes no warranty as to the treatment of this lease for accounting or damage resulting from the installation, operation or use of the Equipment or otherwise. Lessee will defend, indemnify and hold Lessor harmless against any and all claims, demands and liabilities arising out of or in connection with the design, manufacture, possession or operation of the Equipmenttax purposes.

NO WARRANTIES BY LESSOR. Lessee represents that, at the Installation Date thereof, it shall have (a) thoroughly inspected the Equipment; (b) determined for itself that all items of Equipment are of a size, design, capacity and manufacture selected by it; and (c) satisfied itself that the Equipment is suitable for Lessee's purposes. LESSOR SUPPLIES THE EQUIPMENT AS IS AND NOT ----------------------- BEING THE MANUFACTURER OF THE EQUIPMENT, THE MANUFACTURER'S AGENT OR THE SELLER'S AGENT, MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED IMPLIED, AS TO THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP OR AS TO PATENT INFRINGEMENT OR THE LIKE, it being agreed that all such risks, as between Lessor and Lessee, are to be borne by Lessee. Lessee agrees to look solely to the manufacturer Manufacturer or to suppliers of the Equipment for any and all warranty claims and any and all warranties made by the manufacturer Manufacturer or the supplier of Lessor are, to the extent to which the same may be assignable, are hereby assigned to Lessee for the term of the applicable Equipment Schedulethis Lease. Lessee agrees that Lessor shall not be responsible for the delivery, installation, maintenance, operation or service of the Equipment or for delay or inadequacy of any or all of the foregoing. Lessor shall not be responsible for any direct or consequential loss or damage resulting from the installation, operation or use of the Equipment or otherwise. Lessee will defend, indemnify and hold Lessor harmless against any and all claims, demands and liabilities arising out of or in connection with the design, manufacture, possession or operation of the Equipment.

NO WARRANTIES BY LESSOR. Lessee represents warrants that, at the Installation Acceptance Date thereof, it shall have (a) thoroughly inspected the Equipment; (b) determined for itself that all items of Equipment are of a size, design, capacity and manufacture selected by it; and (c) satisfied itself that the Equipment is suitable for Lessee's purposes. LESSOR SUPPLIES IS FINANCING THE EQUIPMENT FOR LESSEE "AS IS IS", "WHERE IS" AND NOT BEING THE MANUFACTURER OF THE EQUIPMENT, THE MANUFACTURER'S AGENT OR THE SELLER'S AGENT, MAKES NO WARRANTY OR REPRESENTATIONREPRESENTATION WHATSOEVER, EITHER EXPRESS OR IMPLIED IMPLIED, INCLUDING, BUT NOT LIMITED TO, AS TO THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP OR AS TO PATENT INFRINGEMENT OR THE LIKE, it being agreed that all such risks, as between Lessor and Lessee, are to be borne by Lessee. Lessee agrees to look solely to the manufacturer or to suppliers of the Equipment for any and all warranty claims and any and all warranties made by the manufacturer or the supplier of Lessor are, to the extent to which the same may be assignable, hereby assigned to Lessee for the term of the applicable Equipment Schedule. Lessee agrees that Lessor shall not be responsible for the delivery, installation, maintenance, operation or service of the Equipment or for delay or inadequacy of any or all of the foregoing. Lessor shall not be responsible for any direct or consequential loss or damage resulting from the installation, operation or use of the Equipment or otherwise. Lessee will defend, indemnify and hold Lessor harmless against any and all suits, judgments, claims, demands and liabilities of any kind and nature (including without limitation claims relating to environmental discharge, cleanup or compliance, and claims arising out of or in connection with the design, manufacture, possession or operation of the Equipment., including environmental, product, or strict liability) and all costs and expenses (including, without limitation, reasonable attorneys' fees and expenses), fines, penalties (and other charges of applicable governmental authorities), licensing fees relating to any item of Equipment, damage to or loss of property (including without limitation consequential or special damages to third parties or damages to Lessee's property), or bodily injury to or death of any person (including, without limitation, any agent or employee of Lessee) to the extent they may be incurred or suffered by Lessor or Assignee in connection herewith except to the extent such suits, judgments, claims, demands, liabilities, costs, expenses, fines, penalties, fees or losses are caused by Lessor's gross negligence or willful misconduct. Such indemnities shall continue in full force and effect, notwithstanding the expiration or termination of this Lease

NO WARRANTIES BY LESSOR. Lessee represents that, at the Installation Date thereof, it shall have has selected both (a) thoroughly inspected the Equipment; Equipment and (b) determined the manufacturer or other supplier from whom lessor is to purchase it. Lessor makes no warranty, expressed or implied, as to any matter whatsoever, including without limitation the design or the condition of the equipment, its merchantability or its fitness for itself any particular purpose, and, as to lessor, lessee leases the Equipment "as is". Lessor has only the title to the Equipment that all items was conveyed to Lessor by Lessor's predecessor in title, and that title is free from liens and encumbrance created by Lessor, Lessor makes no other warranty with respect to title to the Equipment. If any item of Equipment are of a size, design, capacity and manufacture selected by it; and (c) satisfied itself that or all the Equipment is suitable not property installed, does not operate as represented or warranted by its manufacturer, or is unsatisfactory for Lessee's purposesany reason, Lessee shall make any claim on account thereof directly against which manufacturer and shall. LESSOR SUPPLIES THE EQUIPMENT AS IS AND NOT BEING THE MANUFACTURER OF THE EQUIPMENTnevertheless, THE MANUFACTURER'S AGENT OR THE SELLER'S AGENT, MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED AS TO THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP OR AS TO PATENT INFRINGEMENT OR THE LIKE, it being agreed that pay Lessor all such risks, as between rents payable under this Lease. Lessor and hereby agrees to assign to Lessee, are to be borne by Lessee. Lessee agrees to look solely to the manufacturer or to suppliers of the Equipment for any and all warranty claims and any and all warranties made by the manufacturer or the supplier of Lessor are, to the extent to which the same may be assignable, hereby assigned to Lessee for the term purpose of the applicable Equipment Schedule. Lessee agrees that Lessor shall not be responsible for the deliverymaking and prosecuting any such claim, installation, maintenance, operation or service of the Equipment or for delay or inadequacy of any or all of the foregoingrights which Lessor has against such Manufacturer for breach of warranty or other representation representing the Equipment. Lessor shall not be responsible liable for any direct or consequential damages incurred by Lessee as a result of any branch of warranty or representation with respect to the Equipment and Lessor shall not be liable to Lessee for loss or damage resulting from the installation, operation or of use of the Equipment Equipment, or for any interruption in Lessee's business occasioned by Lessee's inability to use the Equiprnent, for any reason whatsoever. The provisions of this paragraph are intended to be a complete exclusion and negation of any express or implied warranties by Lessor with respect to the Equiprnent, whether arising under the Uniform Commercial Code or under any other law now or hereafter in effect, or otherwise. Lessee will defend, indemnify and hold Lessor harmless against any and all claims, demands and liabilities arising out of or in connection with the design, manufacture, possession or operation of the Equipment.

NO WARRANTIES BY LESSOR. Lessee represents that, at the Installation Date thereof, it shall have (a) thoroughly inspected the Equipment; and (b) determined for itself that all items of Equipment are of a size, design, capacity and manufacture selected by it; and . Lessee represents that within ten (c10) days after the Installation Date thereof, it shall have satisfied itself that the Equipment is suitable for Lessee's purposes. LESSOR SUPPLIES THE EQUIPMENT AS IS AND NOT BEING THE MANUFACTURER OF THE EQUIPMENT, THE MANUFACTURER'S AGENT OR THE SELLER'S AGENT, MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED AS TO THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP OR AS TO PATENT INFRINGEMENT OR THE LIKE, it being agreed that all such risks, as between Lessor and Lessee, are to be borne by Lessee. Lessee agrees to look solely to the manufacturer or to suppliers of the Equipment for any and all warranty claims and any and all warranties made by the manufacturer or the supplier of Lessor are, to the extent to which the same may be assignable, hereby assigned to Lessee for the term of the applicable Equipment Schedule. To the extent such warranty claims or warranties are not assignable to Lessee, Lessor shall, at Lessee's request and expense, pursue for the benefit of Lessee all rights and remedies available to it under such warranty claim or warranty. Lessee agrees that Lessor shall not be responsible for the delivery, installation, maintenance, operation or service of the Equipment or for delay or inadequacy of any or all of the foregoing. Lessor shall not be responsible for any direct or consequential loss or damage resulting from the installation, operation or use of the Equipment or otherwise. Lessee will defend, indemnify and hold Lessor harmless against any and all claims, demands and liabilities arising out of or in connection with the design, manufacture, possession or operation of the Equipment.

NO WARRANTIES BY LESSOR. Lessee represents that, at the Installation Date thereof, it shall have (a) thoroughly inspected the Equipment; (b) determined for itself that all items of Equipment are of a size, design, capacity and manufacture selected by it; and (c) satisfied itself that the Equipment is suitable for Lessee's purposes. LESSOR SUPPLIES THE EQUIPMENT AS IS AND NOT BEING THE MANUFACTURER OF THE EQUIPMENT, THE MANUFACTURER'S AGENT OR THE SELLER'S AGENT, MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED AS TO THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP OR AS TO PATENT INFRINGEMENT OR THE LIKE, it being agreed that all such risks, as between Lessor and Lessee, are to be borne by Lessee. Lessee agrees to look solely to the manufacturer or to suppliers of the Equipment for any and all warranty claims and any and all warranties made by the manufacturer or the supplier of Lessor are, to the extent to which the same may be assignable, hereby assigned to Lessee for the term of the applicable Equipment Schedule. Lessee agrees that Lessor shall not be responsible for the delivery, installation, maintenance, operation or service of the Equipment or for delay or inadequacy of any or all of the foregoing. Lessor shall not be responsible for any direct or consequential loss or damage resulting from the installation, operation or use of for the Equipment or otherwise. Lessee will defend, indemnify and hold Lessor harmless against any and all claims, demands and liabilities arising out of or in connection with the design, manufacture, possession or operation of the Equipment.

NO WARRANTIES BY LESSOR. Lessee represents warrants that, at the Installation Acceptance Date thereof, it shall have (a) thoroughly inspected the Equipment; (b) determined for itself that all items of Equipment are of a size, design, capacity and manufacture selected by itspecified in the purchase order to the supplier or manufacturer; and (c) satisfied itself that the Equipment is suitable for Lessee's purposespurposes based on its acceptance testing. LESSOR SUPPLIES IS FINANCING THE EQUIPMENT FOR LESSEE "AS IS IS", "WHERE IS" AND NOT BEING THE MANUFACTURER OF THE EQUIPMENT, THE MANUFACTURER'S AGENT OR THE SELLER'S AGENT, MAKES NO WARRANTY OR REPRESENTATIONREPRESENTATION WHATSOEVER, EITHER EXPRESS OR IMPLIED IMPLIED, INCLUDING, BUT NOT LIMITED TO, AS TO THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP OR AS TO PATENT INFRINGEMENT OR THE LIKE, it being agreed that all such risks, as between Lessor and Lessee, are to be borne by Lessee. Lessee agrees to look solely to the manufacturer or to suppliers of the Equipment for any and all warranty claims and any and all warranties made by the manufacturer or the supplier of Lessor are, to the extent to which the same may be assignable, hereby assigned to Lessee for the term of the applicable Equipment Schedule. Lessee agrees that Lessor shall not be responsible for the delivery, installation, maintenance, operation or service of the Equipment or for delay or inadequacy of any or all of the foregoing. Lessor shall not be responsible for any direct or consequential loss or damage resulting from the installation, operation or use of the Equipment or otherwise. Lessee will defend, indemnify and hold Lessor harmless against any and all suits, judgments, claims, demands and liabilities of any kind and nature including without limitation claims relating to environmental discharge, cleanup or compliance, and claims arising out of or in connection with the design, manufacture, possession or operation of the Equipment, including environmental, product, or strict liability) and all costs and expenses whatsoever to the extent they may be incurred or suffered by Lessor or Assignee in connection herewith (including, without limitation, reasonable attorneys' fees and expenses), fines, penalties (and other charges of applicable governmental authorities), licensing fees relating to any item of Equipment, damage to or loss or property (including without limitation consequential or special damages to third parties or damages to Lessee's property), or bodily injury to or death of any person (including, without limitation, any agent or employee of Lessee). Such indemnities shall continue in full force and effect, notwithstanding the expiration or termination of this Lease. The provisions of this Section 7 are in addition to, and not in limitation of, the provisions of Section 12.

NO WARRANTIES BY LESSOR. Lessee represents that, at the Installation Date thereofset forth in the applicable Schedule, it shall have ([a) ] thoroughly inspected the Equipment; : (b) ] determined for itself that all items of Equipment are of a size, design, capacity and manufacture manufacturer selected by it; : and ([c) ] satisfied itself that the Equipment is suitable for Lessee's purposespurpose. LESSOR SUPPLIES THE EQUIPMENT AS IS AND NOT BEING THE MANUFACTURER OF THE EQUIPMENT, . THE MANUFACTURER'S AGENT OR THE SELLER'S AGENT, MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED IMPLIED, AS TO THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP OR AS TO THE PATENT INFRINGEMENT OR THE LIKE, it being agreed that all such risks, as between Lessor and Lessee, are to be borne by Lessee. Lessee agrees to look solely to the manufacturer or to suppliers of the Equipment for any and all warranty claims and any and all warranties made by the manufacturer or the supplier of Lessor are, to the extent to which the same may be assignable, are hereby assigned to Lessee for the term of the applicable Equipment Schedule. Lessee agrees that Lessor shall not be responsible for the delivery, installation, maintenance, operation or service of the Equipment or for delay or inadequacy of any or all of the foregoing. Lessor shall not be responsible for any direct or consequential loss or damage resulting from the installation, operation or use of the Equipment or otherwise. Lessee will defend, indemnify and hold Lessor harmless against any and all claims, demands and liabilities arising out of or in connection with the design, manufacture, possession or operation possession, operation, selection, control, use, maintenance and return of the Equipment.

NO WARRANTIES BY LESSOR. Lessee represents that, at the Installation Date thereof, it shall have (a) thoroughly inspected Lessee has selected both (i) the Equipment and (ii) the suppliers (herein called "Vendor") from whom Lessor is to purchase the Equipment; (b) determined for itself that all items of Equipment are of a size, design, capacity and manufacture selected by it; and (c) satisfied itself that the Equipment is suitable for Lessee's purposes. LESSOR SUPPLIES THE EQUIPMENT AS IS AND NOT BEING THE MANUFACTURER OF THE EQUIPMENT, THE MANUFACTURER'S AGENT OR THE SELLER'S AGENT, MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING THE CONDITION OF THE EQUIPMENT'S MERCHANTABILITY, ITS MERCHANTABILITY OR ITS FITNESS FOR A ANY PARTICULAR PURPOSE, DESIGN, CONDITION, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP OR AND AS TO PATENT INFRINGEMENT OR LESSOR, LESSEE LEASES THE LIKEEQUIPMENT "AS IS" AND WITH ALL FAULTS. (b) If the Equipment is not properly installed, it being agreed that does not operate as represented or warranted by Vendor or is unsatisfactory for any reason, Lessee shall make any claim on account thereof solely against Vendor and shall, nevertheless, pay Lessor all rent payable under this Lease, Lessee hereby waiving any such risks, claims as between against Lessor. Lessor and Lessee, are to be borne by Lessee. Lessee hereby agrees to look assign to Lessee solely to for the manufacturer or to suppliers purpose of the Equipment for making and prosecuting any and all warranty claims and any and all warranties made by the manufacturer or the supplier of Lessor aresaid claim, to the extent to which the same may be assignable, all of the rights which Lessor has against Vendor for breach of warranty or other representation respecting the Equipment. Lessor shall have no responsibility for delay or failure to fill the order. (c) Lessee understands and agrees that neither the Vendor nor any salesman or other agent of the Vendor is an agent of Lessor. No salesman or agent of Vendor is authorized to waive or alter any term or condition of this Lease, and no representation as to the Equipment or any other matter by the Vendor shall in any way affect Lessee's duty to pay the rent and perform its other obligations as set forth in this Lease. (d) Lessee hereby assigned requests Lessor to purchase Equipment from Vendor and to lease Equipment to Lessee for on the term terms and conditions of the applicable Equipment ScheduleLease set forth herein. (e) Lessee agrees that hereby authorizes Lessor shall not be responsible for to insert in this Lease and each Schedule hereto the delivery, installation, maintenance, operation or service serial numbers and other identification data of the Equipment or for delay or inadequacy of any or all of the foregoing. Lessor shall not be responsible for any direct or consequential loss or damage resulting from the installation, operation or use of the Equipment or otherwise. Lessee will defend, indemnify and hold Lessor harmless against any and all claims, demands and liabilities arising out of or in connection with the design, manufacture, possession or operation of the Equipmentwhen determined by Lessor.

NO WARRANTIES BY LESSOR. Lessee represents that, at the Installation Date thereof, it shall have (a) thoroughly inspected the Equipment; (b) determined for itself that all items of Equipment are of a size, design, capacity and manufacture selected by it; and (c) satisfied itself that the Equipment is suitable for Lessee's purposes. LESSOR SUPPLIES THE EQUIPMENT AS IS AND NOT BEING THE MANUFACTURER OF THE EQUIPMENT, THE MANUFACTURER'S AGENT OR THE SELLER'S AGENT, MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED AS TO THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP OR AS TO PATENT INFRINGEMENT OR THE LIKE, it being agreed that all such risks, as between Lessor and Lessee, are to be borne by Lessee. Lessee agrees to look solely to the manufacturer or to suppliers of the Equipment for any and all warranty claims and any and all warranties made by the manufacturer or the supplier of Lessor are, to the extent to which the same may be assignable, hereby assigned to Lessee for the term of the applicable Equipment Schedule. Lessee agrees that Lessor shall not be responsible for the delivery, installation, maintenance, operation or service of the Equipment or for delay or inadequacy of any or all of the foregoing. Lessor shall not be responsible for any direct or consequential loss or damage resulting from the installation, operation or use of the Equipment or otherwise. Lessee will defend, indemnify and hold Lessor harmless against any and all claims, demands and liabilities arising out of or in connection with the design, manufacture, possession or operation of the Equipment. To the extent permitted by applicable law, Lessee waives any and all rights and remedies conferred upon a Lessee by Article 2A of the UCC and any rights now or hereinafter conferred by statute or otherwise that may limit or modify Lessor’s rights as described in this Section or other provisions of this Lease Agreement.

NO WARRANTIES BY LESSOR. Lessee represents thatAs between Lessor and Lessee, at the Installation Date thereof, it Lessee's acceptance for lease hereunder of any Equipment as evidenced by its execution of a Certificate of Inspection and Acceptance with respect thereto shall have constitute Lessee's acknowledgement that such Equipment (a) thoroughly inspected the Equipment; (b) determined for itself that all items of Equipment are is of a size, design, capacity and manufacture selected by it; acceptable to Lessee for lease hereunder, and (cb) satisfied itself that otherwise conforms to the Equipment requirements of this Lease and the Rental Schedule and is suitable for Lessee's purposessubject to all of the terms and conditions of this Lease. LESSOR SUPPLIES HEREBY MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS AS TO THE EQUIPMENT AS IS AND NOT BEING THE MANUFACTURER CONDITION OF THE EQUIPMENT, THE MANUFACTURER'S AGENT INCLUDING WITHOUT LIMITATION ITS MERCHANTIBILITY OR THE SELLER'S AGENT, MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED AS TO THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A ANY PARTICULAR PURPOSE. In no event shall any defect in, DESIGNor unfitness of, CONDITION, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP OR AS TO PATENT INFRINGEMENT OR THE LIKE, it being agreed that all such risks, as between Lessor and Lessee, are any Equipment relieve Lessee of the obligation to be borne by Lessee. Lessee agrees to look solely to the manufacturer pay rent or to suppliers make any other payments required hereunder or of any other obligation hereunder. Without limiting the generality of the Equipment for any and all warranty claims and any and all warranties made by the manufacturer or the supplier of Lessor areforegoing, to the extent to which the same may be assignable, hereby assigned to Lessee for the term of the applicable Equipment Schedule. Lessee agrees that Lessor shall not be responsible liable to Lessee for the deliveryany defects, installationeither latent or patent, maintenance, operation or service in any of the Equipment or for delay or inadequacy of any or all of the foregoing. Lessor shall not be responsible for any direct or consequential damage therefrom, and shall not be liable to Lessee for loss or damage resulting from the installation, operation or of use of any of the Equipment or otherwise. Lessee will defend, indemnify and hold Lessor harmless against for any interruption in Lessee's business occasioned by Lessee's inability to use any of the Equipment for {illegible} any and all claims, demands and liabilities arising out of or in connection with the design, manufacture, possession or operation of the Equipment, and agree to execute all agreements and documents reasonably necessary to effect such transfer and assignment. To the extent that any claims or rights of Lessor with respect to the Equipment may not be assigned or otherwise be available to Lessee, Lessor will use its best efforts to enforce such claims or rights against the Manufacturer.

NO WARRANTIES BY LESSOR. Lessee represents that, at the Installation Date thereof, it shall have (a) thoroughly inspected the Equipment; (ba) determined for itself that all items of Equipment are of a size, design, capacity and manufacture selected by it; and (c) satisfied itself that the Equipment is suitable for Lessee's purposes. LESSOR SUPPLIES THE EQUIPMENT AS IS AND NOT BEING THE MANUFACTURER OF THE EQUIPMENT, THE MANUFACTURER'S AGENT OR THE SELLER'S AGENT, MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED AS TO THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP OR AS TO PATENT INFRINGEMENT OR THE LIKE, it being agreed that all such risks, as between Lessor and Lessee, are to be borne by Lessee. Lessee agrees to look solely to the manufacturer manufacturer, maintenance provider or to suppliers of the Equipment for any and all warranty claims and any and all warranties made by the manufacturer or the supplier of Lessor are, to the extent to which the same may be assignable, hereby assigned to Lessee for the term of the applicable Equipment Schedule. Lessee agrees that Lessor shall not be responsible for the delivery, installation, maintenance, operation or service of the Equipment or for delay or inadequacy of any or all of the foregoing. Except in the case of Lessor's willful misconduct, Lessor shall not be responsible for any direct or consequential loss or damage resulting from the installation, operation or use of the Equipment or otherwise. Except in the case of Lessor's willful misconduct, Lessee will defend, indemnify and hold Lessor harmless against any and all claims, demands and liabilities arising out of or in connection with the design, manufacture, possession or operation of the Equipment.

NO WARRANTIES BY LESSOR. Lessee represents that, at the Installation Date thereof, it shall have (a) thoroughly inspected Lessee has selected both (i) the Equipment and (ii) the suppliers (herein called "Vendor") from whom Lessor is to purchase the Equipment; (b) determined for itself that all items of Equipment are of a size, design, capacity and manufacture selected by it; and (c) satisfied itself that the Equipment is suitable for Lessee's purposes. LESSOR SUPPLIES THE EQUIPMENT AS IS AND NOT BEING THE MANUFACTURER OF THE EQUIPMENT, THE MANUFACTURER'S AGENT OR THE SELLER'S AGENT, MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING THE CONDITION OF THE EQUIPMENT'S MERCHANTABILITY, ITS MERCHANTABILITY OR ITS FITNESS FOR A ANY PARTICULAR PURPOSE, DESIGN, CONDITION, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP OR AND AS TO PATENT INFRINGEMENT OR LESSOR, LESSEE LEASES THE LIKEEQUIPMENT "AS IS" AND WITH ALL FAULTS. (b) If the Equipment is not properly installed, it being agreed that does not operate as represented or warranted by Vendor or is unsatisfactory for any reason, Lessee shall make any claim on account thereof solely against Vendor and shall, nevertheless, pay Lessor all rent payable under this Lease, Lessee hereby waiving any such risks, claims as between against Lessor. Lessor and Lessee, are to be borne by Lessee. Lessee hereby agrees to look assign to Lessee solely to for the manufacturer or to suppliers purpose of the Equipment for making and prosecuting any and all warranty claims and any and all warranties made by the manufacturer or the supplier of Lessor aresaid claim, to the extent to which the same may be assignable, all of the rights which Lessor has against Vendor for breach of warranty or other representation respecting the Equipment. Lessor shall have no responsibility for delay or failure to fill the order. (c) Lessee understands and agrees that neither the Vendor nor any salesman or other agent of the Vendor is an agent of Lessor. No salesman or agent of Vendor is authorized to waive or alter any term or condition of this Lease, and no representations as to the Equipment or any other matter by the Vendor shall in any way affect Lessee's duty to pay the rent and perform its other obligations as set forth in this lease. (d) Lessee hereby assigned requests lessor to purchase Equipment from Vendor and to lease Equipment to Lessee for on the term terms and conditions of the applicable Equipment ScheduleLease set forth herein. (e) Lessee agrees that hereby authorizes Lessor shall not be responsible for to insert in this Lease and each Schedule hereto the delivery, installation, maintenance, operation or service serial numbers and other identification data of the Equipment or for delay or inadequacy of any or all of the foregoing. Lessor shall not be responsible for any direct or consequential loss or damage resulting from the installation, operation or use of the Equipment or otherwise. Lessee will defend, indemnify and hold Lessor harmless against any and all claims, demands and liabilities arising out of or in connection with the design, manufacture, possession or operation of the Equipmentwhen determined by Lessor.

NO WARRANTIES BY LESSOR. Lessee represents that, at the Installation Date thereof, it shall have (a) thoroughly inspected Lessee has selected both (i) the Equipment and (ii) the suppliers (herein called "Vendor") from whom Lessor is to purchase the Equipment; (b) determined for itself that all items of Equipment are of a size, design, capacity and manufacture selected by it; and (c) satisfied itself that the Equipment is suitable for Lessee's purposes. LESSOR SUPPLIES THE EQUIPMENT AS IS AND NOT BEING THE MANUFACTURER OF THE EQUIPMENT, THE MANUFACTURER'S AGENT OR THE SELLER'S AGENT, MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING THE CONDITION OF THE EQUIPMENT'S MERCHANTABILITY, ITS MERCHANTABILITY OR ITS FITNESS FOR A ANY PARTICULAR PURPOSE, DESIGN, CONDITION, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP OR AND AS TO PATENT INFRINGEMENT OR LESSOR, LESSEE LEASES THE LIKEEQUIPMENT "AS IS" AND WITH ALL FAULTS. (b) If the Equipment is not properly installed, it being agreed that does not operate as represented or warranted by Vendor or is unsatisfactory for any reason, Lessee shall make any claim on account thereof solely against Vendor and shall, nevertheless, pay Lessor all rent payable under this Lease, Lessee hereby waiving any such risks, claims as between against Lessor. Lessor and Lessee, are to be borne by Lessee. Lessee hereby agrees to look assign to Lessee solely to for the manufacturer or to suppliers purpose of the Equipment for making and prosecuting any and all warranty claims and any and all warranties made by the manufacturer or the supplier of Lessor aresaid claim, to the extent to which the same may be assignable, all of the rights which Lessor has against Vendor for breach of warranty or other representation respecting the Equipment. Lessor shall have no responsibility for delay or failure to fill the order. (c) Lessee understands and agrees that neither the Vendor nor any salesman or other agent of the Vendor is an agent of Lessor. No salesman or agent of Vendor is authorized to waive or alter any term or condition of this Lease, and no representations as to the Equipment or any other matter by the Vendor shall in any way affect Lessee's duty to pay the rent and perform its others obligations as set forth in this Lease. (d) Lessee hereby assigned requests Lessor to purchase Equipment from Vendor and to lease Equipment to Lessee for on the term terms and conditions of the applicable Equipment ScheduleLease set forth herein. (e) Lessee agrees that hereby authorizes Lessor shall not be responsible for to insert in this Lease and each Schedule hereto the delivery, installation, maintenance, operation or service serial numbers and other identification data of the Equipment or for delay or inadequacy of any or all of the foregoing. Lessor shall not be responsible for any direct or consequential loss or damage resulting from the installation, operation or use of the Equipment or otherwise. Lessee will defend, indemnify and hold Lessor harmless against any and all claims, demands and liabilities arising out of or in connection with the design, manufacture, possession or operation of the Equipmentwhen determined by Lessor.

NO WARRANTIES BY LESSOR. Lessee represents that, at the Installation Date thereofset forth in the applicable Equipment Schedule, it shall have (a) thoroughly inspected the Equipment; (b) determined for itself that all items of Equipment are of a size, design, capacity and manufacture selected by it; and (c) satisfied itself that the Equipment is suitable for Lessee's purposes. LESSOR SUPPLIES THE EQUIPMENT AS IS AND NOT BEING THE MANUFACTURER OF THE EQUIPMENT, THE MANUFACTURER'S AGENT OR THE SELLER'S AGENT, MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED IMPLIED, AS TO THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP OR AS TO PATENT INFRINGEMENT OR THE LIKE, it being agreed that all such risks, as between Lessor and Lessee, are to be borne by Lessee. Lessee agrees to look solely to the manufacturer or to suppliers of the Equipment for any and all warranty claims and any and all warranties made by the manufacturer or the supplier of Lessor are, to the extent to which the same may be assignable, are hereby assigned to Lessee for the term of the applicable Equipment Schedule. Lessee agrees that Lessor shall not be responsible for the delivery, installation, maintenance, operation or service of the Equipment or for delay or inadequacy of any or all of the foregoing. Lessor shall not be responsible for any direct or consequential loss or damage resulting from the installation, operation or use of the Equipment or otherwise. Lessee will shall defend, indemnify and hold each of Lessor and CIT harmless against any and all claims, demands and liabilities arising out of or in connection with the design, manufacture, possession or operation of the Equipment, if and for so long as Lessee is the lessee of such Equipment.

NO WARRANTIES BY LESSOR. Lessee represents that, at the Installation Date thereof, it shall have (a) thoroughly inspected the Equipment; (b) determined for itself that all items of Equipment are of a size, design, capacity and manufacture selected by it; and (c) satisfied itself that the Equipment is suitable for Lessee's purposes. LESSOR SUPPLIES THE EQUIPMENT AS IS AND NOT BEING THE MANUFACTURER OF THE EQUIPMENT, THE MANUFACTURER'S AGENT OR THE SELLER'S AGENT, MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED AS TO THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP OR AS TO PATENT INFRINGEMENT OR THE LIKE, it being agreed that all such risks, as between Lessor and Lessee, are to be borne by Lessee. Lessee agrees to look solely to the manufacturer or to suppliers of the Equipment for any and all warranty claims and any and all warranties made by the manufacturer or the supplier of Lessor are, to the extent to which the same may be assignable, hereby assigned to Lessee for the term of the applicable Equipment Schedule. Lessee agrees that Lessor shall not be responsible for the delivery, installation, maintenance, operation or service of the Equipment or for delay or inadequacy of any or all of the foregoing. Lessor shall not be responsible for any direct or consequential loss or damage resulting from the installation, operation or use of the Equipment or otherwise. Lessee will defend, indemnify and hold Lessor harmless against any and all claims, demands and liabilities arising out of or in connection with the design, manufacture, possession or operation of the Equipment. 8.

NO WARRANTIES BY LESSOR. Lessee represents that, at the Installation Date thereof, it shall have (a) thoroughly inspected Lessee has selected both (i) the Equipment and (ii) the suppliers (herein called "Vendor") from whom Lessor is to purchase the Equipment; (b) determined for itself that all items of Equipment are of a size, design, capacity and manufacture selected by it; and (c) satisfied itself that the Equipment is suitable for Lessee's purposes. LESSOR SUPPLIES THE EQUIPMENT AS IS AND NOT BEING THE MANUFACTURER OF THE EQUIPMENT, THE MANUFACTURER'S AGENT OR THE SELLER'S AGENT, MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING THE CONDITION OF THE EQUIPMENT'S MERCHANTABILITY, ITS MERCHANTABILITY OR ITS FITNESS FOR A ANY PARTICULAR PURPOSE, DESIGN, CONDITION, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP OR AND AS TO PATENT INFRINGEMENT OR LESSOR, LESSEE LEASES THE LIKEEQUIPMENT "AS IS" AND WITH ALL FAULTS. (b) If the Equipment is not properly installed, it being agreed that does not operate as represented or warranted by Vendor or is unsatisfactory for any reason, Lessee shall make any claim on account thereof solely against Vendor and shall, nevertheless, pay Lessor all rent payable under this Lease, Lessee hereby waiving any such risks, claims as between against Lessor. Lessor and Lessee, are to be borne by Lessee. Lessee hereby agrees to look assign to Lessee solely to for the manufacturer or to suppliers purpose of the Equipment for making and prosecuting any and all warranty claims and any and all warranties made by the manufacturer or the supplier of Lessor aresaid claim, to the extent to which the same may be assignable, hereby assigned to Lessee for the term all of the applicable Equipment Schedulerights which Lessor has against Vendor for breach of warranty or other representation respecting the Equipment. Lessor shall have no responsibility for delay or failure to fill the order. (c) Lessee understands and agrees that Lessor shall not be responsible for neither the deliveryVendor nor any salesman or other agent of the Vendor is an agent of Lessor. No salesman or agent of Vendor is authorized to waive or alter any term or condition of this Lease, installation, maintenance, operation or service of and no representations as to the Equipment or for delay or inadequacy of any or all of other matter by the foregoingVendor shall in any way affect Lessee's duty to pay the rent and perform its other obligations as set forth in this Lease. (d) Lessee hereby requests Lessor shall not be responsible for any direct or consequential loss or damage resulting to purchase Equipment from the installation, operation or use of the Equipment or otherwise. Lessee will defend, indemnify and hold Lessor harmless against any and all claims, demands and liabilities arising out of or in connection with the design, manufacture, possession or operation of the Equipment.Vendor