Common use of NO WARRANTIES BY LESSOR Clause in Contracts

NO WARRANTIES BY LESSOR. (a) LESSOR NEITHER MAKES NOR SHALL BE DEEMED TO HAVE MADE AND LESSEE HEREBY EXPRESSLY WAIVES ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION AS TO THE DESIGN, QUALITY OR CONDITION OF THE EQUIPMENT OR ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE OR AS TO THE TITLE TO OR LESSOR'S OR LESSEE'S INTEREST IN THE EQUIPMENT OR AS TO ANY OTHER MATTER RELATING TO THE EQUIPMENT OR ANY PART THEREOF, IT BEING AGREED THAT THE EQUIPMENT IS LEASED BY LESSOR "AS-IS" TO LESSEE AND THAT ALL SUCH RISKS, AS BETWEEN LESSEE AND LESSOR ARE TO BE BORNE BY LESSEE AT ITS SOLE RISK AND EXPENSE. LESSEE ACCORDINGLY AGREES NOT TO ASSERT ANY CLAIM WHATSOEVER AGAINST LESSOR BASED THEREON. Lessee further agrees, regardless of cause, not to assert any claim whatsoever against Lessor for loss of anticipatory profits or consequential damages. Lessor shall have no obligation to install, erect, test, adjust or service the Equipment. Lessee shall look to the manufacturer and/or seller for any claims related to the Equipment. LESSEE CONFIRMS THAT IT HAS SELECTED THE EQUIPMENT AND EACH PART THEREOF ON THE BASIS OF ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS RELIANCE UPON ANY STATEMENTS, REPRESENTATIONS OR WARRANTIES MADE BY LESSOR, AND LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OR VENDOR OF ANY PART OF THE EQUIPMENT. LESSOR NEITHER MAKES NOR SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY AS TO THE ACCOUNTING TREATMENT TO BE ACCORDED TO THE TRANSACTIONS CONTEMPLATED BY THIS LEASE OR AS TO ANY TAX CONSEQUENCES AND/OR TAX TREATMENT THEREOF.

NO WARRANTIES BY LESSOR. (a) Lessee has selected both (i) the Equipment and (ii) the suppliers (herein called "Vendor") from whom Lessor is to purchase the Equipment. LESSOR NEITHER MAKES NOR SHALL BE DEEMED TO HAVE MADE AND LESSEE HEREBY EXPRESSLY WAIVES ANY NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, IMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING THE CONDITION OF THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION AS TO THE DESIGN, QUALITY OR CONDITION OF THE EQUIPMENT OR ANY WARRANTY OF ITS MERCHANTABILITY OR ITS FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE PURPOSE, ITS COMPLIANCE WITH ANY APPLICABLE GOVERNMENTAL REQUIREMENTS AND ITS NON-INFRINGEMENT OF ANY PATENTS OR OTHER RIGHTS, AND AS TO THE TITLE TO OR LESSOR'S OR LESSEE'S INTEREST IN , LESSEE LEASES THE EQUIPMENT OR "AS TO ANY OTHER MATTER RELATING TO THE EQUIPMENT OR ANY PART THEREOF, IT BEING AGREED THAT THE EQUIPMENT IS LEASED BY LESSOR "AS-IS" TO LESSEE AND THAT WITH ALL SUCH RISKSFAULTS. (b) If the Equipment is not properly installed, AS BETWEEN LESSEE AND LESSOR ARE TO BE BORNE BY LESSEE AT ITS SOLE RISK AND EXPENSE. LESSEE ACCORDINGLY AGREES NOT TO ASSERT ANY CLAIM WHATSOEVER AGAINST LESSOR BASED THEREON. does not operate as represented or warranted by Vendor or is unsatisfactory for any reason, Lessee further agrees, regardless of cause, not to assert shall make any claim whatsoever on account thereof solely against Vendor and shall, nevertheless, pay Lessor all rent payable under this Lease, Lessee hereby waiving any such claims as against Lessor. Lessor hereby agrees to assign to Lessee solely for loss the purpose of anticipatory profits making and prosecuting any said claim, to the extent assignable, all of the rights which Lessor has against Vendor for breach of warranty or consequential damagesother representation respecting the Equipment. Lessor shall have no obligation responsibility for delay or failure to installfill 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, erect, test, adjust or service the Equipment. Lessee shall look and no representations as to the manufacturer and/or seller for Equipment or any claims related other matter by the Vendor shall in any way affect Lessee's duty to pay the Equipmentrent and perform its other obligations as set forth in this Lease. LESSEE CONFIRMS THAT IT HAS SELECTED THE EQUIPMENT AND EACH PART THEREOF ON THE BASIS OF ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS RELIANCE UPON ANY STATEMENTS, REPRESENTATIONS OR WARRANTIES MADE BY LESSOR, AND LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OR VENDOR OF ANY PART OF THE EQUIPMENT(d) Lessee hereby requests Lessor to purchase Equipment from Vendor and to lease Equipment to Lessee on the terms and conditions of the Lease set forth herein. LESSOR NEITHER MAKES NOR SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY AS TO THE ACCOUNTING TREATMENT TO BE ACCORDED TO THE TRANSACTIONS CONTEMPLATED BY THIS LEASE OR AS TO ANY TAX CONSEQUENCES AND/OR TAX TREATMENT THEREOF(e) Lessee hereby authorizes Lessor to insert in this Lease and each Schedule hereto the serial numbers and other identification data of the Equipment when determined by Lessor.

NO WARRANTIES BY LESSOR. (a) Lessee acknowledges and agrees that it has made the selection of the Equipment based upon its own judgment, that the Equipment is of a size, design, capacity, condition, quality, durability and manufacture selected by Lessee, and that the Equipment is suitable for Lessee's purposes. Lessee expressly disclaims any reliance upon any statements or representations made by Lessor EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN. LESSOR NEITHER MAKES NOR SHALL BE DEEMED NO REPRESENTATIONS OR WARRANTIES TO HAVE MADE AND LESSEE HEREBY EXPRESSLY WAIVES OR ANY WARRANTY OR REPRESENTATIONOTHER PERSON OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER Exhibit 10.8a WHATSOEVER, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE SIZE, DESIGN CAPACITY, CONDITION, QUALITY, DURABILITY, SUITABILITY, MANUFACTURE OR PERFORMANCE OF THE EQUIPMENT, INCLUDINGITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WITH RESPECT TO INFRINGEMENT (INCLUDING WITHOUT LIMITATION INFRINGEMENT OF PATENTS OR TRADEMARKS) OR THE LIKE. LESSOR SHALL HAVE NO LIABILITY TO LESSEE OF ANY KIND OR NATURE WHATSOEVER, WITHOUT LIMITATIONNOR SHALL THERE BE ANY ABATEMENT OF RENTAL, ARISING OUT OF OR IN CONNECTION WITH (I) ANY WARRANTY DEFICIENCY OR REPRESENTATION AS TO DEFECT IN THE DESIGNEQUIPMENT, QUALITY (II) THE USE OR CONDITION PERFORMANCE OF THE EQUIPMENT OR (III) ANY WARRANTY LOSS OF MERCHANTABILITY BUSINESS OR FITNESS OTHER CONSEQUENTIAL LOSS OR DAMAGE WHETHER OR NOT RESULTING FROM ANY OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE OR AS FOREGOING. SUBJECT TO THE TITLE TO LIMITATIONS SET FORTH IN SECTION 15, LESSEE WILL DEFEND, INDEMNIFY AND HOLD LESSOR HARMLESS AGAINST ANY AND ALL DEMANDS, CLAIMS, COSTS, LOSSES, DAMAGES AND LIABILITIES ARISING OUT OF OR LESSOR'S IN CONNECTION WITH THE DESIGN, MANUFACTURE, POSSESSION, OPERATION OR LESSEE'S INTEREST IN USE OF THE EQUIPMENT OR AS TO ANY OTHER MATTER RELATING TO THE EQUIPMENT OR ANY PART THEREOF, IT BEING AGREED THAT THE EQUIPMENT IS LEASED BY LESSOR "AS-IS" TO LESSEE AND THAT ALL SUCH RISKS, AS BETWEEN LESSEE AND LESSOR ARE TO BE BORNE BY LESSEE AT ITS SOLE RISK AND EXPENSE. LESSEE ACCORDINGLY AGREES NOT TO ASSERT ANY CLAIM WHATSOEVER AGAINST LESSOR BASED THEREONEQUIPMENT. Lessee further agrees, regardless agrees to look solely to the manufacturer or vendor of cause, not the Equipment for all warranties made by manufacturer or vendor. Any such warranties are hereby assigned to assert any claim whatsoever against Lessor Lessee for loss the term of anticipatory profits or consequential damagesthis Lease. Lessor shall have no obligation appoints Lessee as its agent and confers on Lessee the authority to installsettle any and all warranty claims with respect to the Equipment arising during the Term, erecton Lessor's behalf. Lessee agrees to inform Lessor, testor its Assignee, adjust as to the extent and kind of all claims made against vendors or service manufacturers under the warranties issued on the Equipment. Lessee further agrees that any Equipment, which is exchanged for Equipment under the Lease, shall look to become the manufacturer and/or seller property of the Lessor, or its Assignee, for any claims related to the Equipmentpurpose of this Lease. LESSEE CONFIRMS THAT IT HAS SELECTED THE EQUIPMENT AND EACH PART THEREOF ON THE BASIS OF ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS RELIANCE UPON ANY STATEMENTS, REPRESENTATIONS OR WARRANTIES MADE BY LESSOR, AND LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OR VENDOR OF ANY PART OF THE EQUIPMENT. LESSOR NEITHER MAKES NOR SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY AS TO THE ACCOUNTING TREATMENT TO BE ACCORDED TO THE TRANSACTIONS CONTEMPLATED BY THIS LEASE OR AS TO ANY TAX CONSEQUENCES AND/OR TAX TREATMENT THEREOFNo warranty settlement in excess of $10,000.00 may be made for cash without the approval of the Lessor or its Assignee.

NO WARRANTIES BY LESSOR. As between Lessor and Lessee, Lessee's acceptance for lease hereunder of any Equipment as evidenced by its execution of a Certificate of Inspection and Acceptance with respect thereto (or Lessee's presumed acceptance for lease of such Equipment under the circumstances described in Section 3 hereof) shall constitute Lessee's acknowledgment that such Equipment (a) is of a size, design, capacity and manufacture acceptable to Lessee for lease hereunder, (b) is suitable for Lessee's purposes, (c) is in good order, repair and condition, and (d) is subject to all of the terms and conditions of the Lease. LESSOR NEITHER MAKES NOR SHALL BE DEEMED TO HAVE MADE AND LESSEE HEREBY EXPRESSLY WAIVES ANY NO WARRANTY OR REPRESENTATION, EITHER EXPRESS EXPRESSED OR IMPLIED, AS TO TITLE, OR ITS FREEDOM FROM THE EQUIPMENTCLAIMS OF OTHERS BY WAY OF INFRINGEMENT OR OTHERWISE, INCLUDINGFITNESS, WITHOUT LIMITATIONQUALITY, ANY WARRANTY OR REPRESENTATION AS TO THE DESIGN, QUALITY OR CONDITION OF THE EQUIPMENT OR ANY WARRANTY OF MERCHANTABILITY OR CONDITION, CAPACITY, SUITABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE PURPOSE, OR AS TO THE TITLE TO MATERIAL OR LESSOR'S OR LESSEE'S INTEREST IN THE EQUIPMENT OR AS TO WORKMANSHIP OF ANY OTHER MATTER RELATING TO THE EQUIPMENT OR ANY PART THEREOFITEM OF EQUIPMENT, IT BEING AGREED AND UNDERSTOOD THAT THE EACH ITEM OF EQUIPMENT TO BE LEASED PURSUANT TO THIS LEASE IS LEASED BY LESSOR "AS-AS IS" TO LESSEE AND THAT ALL SUCH RISKS, RISKS AS BETWEEN LESSOR AND LESSEE AND LESSOR ARE TO BE BORNE BY LESSEE AT ITS SOLE RISK AND EXPENSELESSEE. LESSEE ACCORDINGLY AGREES NOT TO ASSERT ANY CLAIM WHATSOEVER AGAINST LESSOR BASED THEREONIn no event shall any defect in, or unfitness of, any Equipment relieve Lessee of the obligation to pay rent or to make any other payments required hereunder or of any other obligation hereunder without deduction or set-off of any kind. Lessee further agreesWithout limiting the generality of the foregoing, regardless Lessor shall not be liable for any defects, either latent or patent, in any of causethe Equipment, not to assert or for any claim whatsoever against Lessor direct or consequential damage therefrom; for loss of anticipatory profits use of any of the Equipment or consequential damagesfor any interruption in Lessee's business occasioned by Lessee's inability to use any of the Equipment for any reason whatsoever; or for any failure or delay in obtaining any Equipment for delivery to Lessee. Lessee hereby waives any such claims against Lessor, and Lessor assigns to Lessee any of the rights which Lessor may have against Seller or any other person for breach of warranty or other representation respecting the equipment. Lessee hereby acknowledges that it has selected both (a) the equipment and (b) the Seller from whom the Lessor is to purchase the equipment. If the equipment is not properly installed, does not operate as represented or warranted by the Seller or is unsatisfactory for any reason, Lessee shall have no obligation to install, erect, test, adjust or service any claim on account thereof solely against the EquipmentSeller. Lessee shall look understands and agrees that neither the Seller nor any salesman or other agent of the Seller is an agent of the Lessor. No salesman or agent of the Seller is authorized to waive or alter any term of condition of this lease and no representation as to the manufacturer and/or seller for equipment or any claims related other by the Seller shall in any way affect the Lessee's duty to pay the Equipment. LESSEE CONFIRMS THAT IT HAS SELECTED THE EQUIPMENT AND EACH PART THEREOF ON THE BASIS OF ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS RELIANCE UPON ANY STATEMENTS, REPRESENTATIONS OR WARRANTIES MADE BY LESSOR, AND LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OR VENDOR OF ANY PART OF THE EQUIPMENT. LESSOR NEITHER MAKES NOR SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY AS TO THE ACCOUNTING TREATMENT TO BE ACCORDED TO THE TRANSACTIONS CONTEMPLATED BY THIS LEASE OR AS TO ANY TAX CONSEQUENCES AND/OR TAX TREATMENT THEREOFrent and perform its other obligations as set forth in this Lease.

NO WARRANTIES BY LESSOR. (a) LESSOR NEITHER MAKES NOR SHALL BE DEEMED IS LEASING THE EQUIPMENT TO HAVE MADE AND LESSEE HEREBY EXPRESSLY WAIVES ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, "AS TO IS." LESSEE ACKNOWLEDGES THAT LESSOR DOES NOT MANUFACTURE THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION AS TO THE DESIGN, QUALITY OR CONDITION OF LESSOR DOES NOT REPRESENT THE EQUIPMENT MANUFACTURER OR ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE OR AS TO THE TITLE TO OR LESSOR'S OR LESSEE'S INTEREST IN THE EQUIPMENT OR AS TO ANY OTHER MATTER RELATING TO THE EQUIPMENT OR ANY PART THEREOFSUPPLIER , IT BEING AGREED THAT THE EQUIPMENT IS LEASED BY LESSOR "AS-IS" TO AND LESSEE AND THAT ALL SUCH RISKS, AS BETWEEN LESSEE AND LESSOR ARE TO BE BORNE BY LESSEE AT ITS SOLE RISK AND EXPENSE. LESSEE ACCORDINGLY AGREES NOT TO ASSERT ANY CLAIM WHATSOEVER AGAINST LESSOR BASED THEREON. Lessee further agrees, regardless of cause, not to assert any claim whatsoever against Lessor for loss of anticipatory profits or consequential damages. Lessor shall have no obligation to install, erect, test, adjust or service the Equipment. Lessee shall look to the manufacturer and/or seller for any claims related to the Equipment. LESSEE CONFIRMS THAT IT HAS SELECTED THE EQUIPMENT AND EACH PART THEREOF ON THE BASIS OF SUPPLIER BASED UPON ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS RELIANCE UPON ANY STATEMENTSJUDGMENT. LESSOR MAKES NO WARRANTIES, REPRESENTATIONS EXPRESS OR IMPLIED, REGARDING THE EQUIPMENT INCLUDING WARRANTIES MADE BY LESSOROF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. LESSEE AGREES THAT REGARDLESS OF CAUSE, AND LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A RESPONSIBLE FOR AND LESSEE WILL NOT MAKE ANY CLAIM AGAINST LESSOR FOR ANY DAMAGES WHETHER CONSEQUENTIAL, DIRECT, SPECIAL OR INDIRECT. LESSEE AGREES THAT NEITHER SUPPLIER NOR ANY SALES PERSON, EMPLOYEE OR AGENT OF SUPPLIER IS LESSOR'S AGENT OR HAS ANY AUTHORITY TO SPEAK FOR LESSOR OR BIND LESSOR IN ANY WAY. IF ANY ITEM OF EQUIPMENT OR ALL THE EQUIPMENT IS NOT PROPERLY INSTALLED, DOES NOT OPERATE AS REPRESENTED OR WARRANTED BY ITS MANUFACTURER OR VENDOR SUPPLIER, OR IS UNSATISFACTORY FOR ANY REASON, LESSEE SHALL MAKE ANY CLAIM ON ACCOUNT THEREOF DIRECTLY AGAINST SUCH MANUFACTURER OR SUPPLIER AND SHALL, NONETHELESS, PAY LESSOR ALL RENTS PAYABLE UNDER THIS LEASE. LESSOR HEREBY AGREES TO ASSIGN TO LESSEE SOLELY FOR THE PURPOSE OF ANY PART MAKING AND PROSECUTING SUCH CLAIM, ALL THE RIGHTS WHICH LESSOR HAS AGAINST SUCH MANUFACTURER OR SUPPLIER FOR BREACH OF WARRANTY OR OTHER REPRESENTATION RELATING TO THE EQUIPMENT. THE PROVISIONS OF THIS PARAGRAPH ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION OF ANY EXPRESS OR IMPLIED WARRANTIES BY LESSOR NEITHER MAKES NOR SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY AS WITH RESPECT TO THE ACCOUNTING TREATMENT TO BE ACCORDED TO EQUIPMENT, WHETHER ARISING OUT OF THE TRANSACTIONS CONTEMPLATED BY THIS LEASE UNIFORM COMMERCIAL CODE ("U.C.C.") OR AS TO UNDER ANY TAX CONSEQUENCES AND/OR TAX TREATMENT THEREOFOTHER APPLICABLE LAW.

NO WARRANTIES BY LESSOR. LESSEE HAS SELECTED BOTH (a) THE EQUIPMENT AND (b) THE MANUFACTURER OR OTHER SUPPLIER FROM WHOM LESSOR NEITHER IS TO PURCHASE IT. LESSOR MAKES NOR SHALL BE DEEMED NO W ARRANTY, EXPRXXXXX OR IMPLIED AS TO HAVE MADE AND LESSEE HEREBY EXPRESSLY WAIVES ANY WARRANTY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE DESIGN OR REPRESENTATIONTHE CONDITION OF THE EQUIPMENT, EITHER EXPRESS ITS MERCHANTABILITY OR IMPLIEDITS FITNESS FOR ANY PARTICULAR PURPOSE, AND, AS TO LESSOR, LESSEE LEASES THE EQUIPMENT "AS IS". If any item of Equipment or all the Equipment is not properly installed, does not operate as represented or warranted by its manufacturer, or is unsatisfactory for any reason, Lessee shall make any claim on account thereof directly against such manufacturer and shall, upon satisfactory resolution of the claim by manufacturer, pay Lessor all rents payable under this Lease. In the event manufacturer is unable or unwilling to resolve the claim, Lessor will engage a mutually axxxxx party to resolve the claim to Lessee's reasonable satisfactiox xx Xessor's expense. Lessor hereby agrees to assign to Xxxxxe, solely for the purpose of xxxxxg and prosecuting any such claim all of the rights which Lessor has against such manufacturer for breach of warranty or other representation representing the Equipment. LESSOR SHALL NOT BE LIABLE FOR ANY DIRECT OR CONSEQUENTIAL DAMAGES INCURRED BY LESSEE AS A RESULT OF ANY BREACH OF WARRANTY OR REPRESENTATION WITH RESPECT TO THE EQUIPMENT AND LESSOR SHALL NOT BE LIABLE TO LESSEE FOR LOSS OF USE OF THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION AS TO THE DESIGN, QUALITY OR CONDITION OF THE EQUIPMENT OR ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE OR AS TO THE TITLE TO OR LESSOR'S OR INTERRUPTION IN LESSEE'S INTEREST IN BUSINESS OCCASIONED BY LESSEE'S INABILITY TO USE THE EQUIPMENT OR AS TO EQUIPMENT, FOR ANY OTHER MATTER RELATING TO THE EQUIPMENT OR ANY PART THEREOF, IT BEING AGREED THAT THE EQUIPMENT IS LEASED BY LESSOR "AS-IS" TO LESSEE AND THAT ALL SUCH RISKS, AS BETWEEN LESSEE AND LESSOR ARE TO BE BORNE BY LESSEE AT ITS SOLE RISK AND EXPENSEREASON WHATSOEVER. LESSEE ACCORDINGLY AGREES NOT TO ASSERT ANY CLAIM WHATSOEVER AGAINST LESSOR BASED THEREON. Lessee further agrees, regardless The provisions of cause, not this paragraph are intended to assert be a complete exclusion and negation of any claim whatsoever against express or implied warranties by Lessor for loss of anticipatory profits or consequential damages. Lessor shall have no obligation to install, erect, test, adjust or service the Equipment. Lessee shall look to the manufacturer and/or seller for any claims related with respect to the Equipment. LESSEE CONFIRMS THAT IT HAS SELECTED THE EQUIPMENT AND EACH PART THEREOF ON THE BASIS OF ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS RELIANCE UPON ANY STATEMENTS, REPRESENTATIONS OR WARRANTIES MADE BY LESSORwhether arising under the Uniform Commercial Code or under any other law now or hereafter in effect, AND LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OR VENDOR OF ANY PART OF THE EQUIPMENT. LESSOR NEITHER MAKES NOR SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY AS TO THE ACCOUNTING TREATMENT TO BE ACCORDED TO THE TRANSACTIONS CONTEMPLATED BY THIS LEASE OR AS TO ANY TAX CONSEQUENCES AND/OR TAX TREATMENT THEREOFor otherwise.

NO WARRANTIES BY LESSOR. Lessee has selected the Equipment and may have entered into certain purchase, licensing, or maintenance agreements with the Vendor and/or Manufacturer (aherein referred to as an "Acquisition Agreement") covering the Equipment as further described in Paragraph 26 hereof. If Lessee has entered into any Acquisition Agreement, each agreement shall provide for certain rights and obligations of the parties thereto with respect to the Equipment, and Lessee shall perform all of the obligations set forth in each Acquisition Agreement as if this lease did not exist. LESSOR NEITHER MAKES NOR SHALL BE DEEMED TO HAVE MADE AND LESSEE HEREBY EXPRESSLY WAIVES ANY WARRANTY OR REPRESENTATIONNO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING THE CONDITION OF THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION AS TO THE DESIGN, QUALITY OR CONDITION OF THE EQUIPMENT OR ANY WARRANTY OF ITS MERCHANTABILITY OR ITS FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE OR PURPOSE, AND, AS TO THE TITLE TO OR LESSOR'S OR LESSEE'S INTEREST IN , LESSEE LEASES THE EQUIPMENT "AS IS." LESSOR SHALL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE OR AS TO ANY OTHER MATTER RELATING TO THE EQUIPMENT OR ANY PART THEREOF, IT BEING AGREED THAT THE EQUIPMENT IS LEASED BY LESSOR "AS-IS" TO LESSEE AND THAT ALL SUCH RISKS, AS BETWEEN LESSEE AND LESSOR ARE TO BE BORNE BY LESSEE AT ITS SOLE RISK AND EXPENSE. LESSEE ACCORDINGLY AGREES NOT TO ASSERT ANY CLAIM WHATSOEVER AGAINST LESSOR BASED THEREON. Lessee further agrees, regardless of cause, not to assert any claim whatsoever against Lessor for loss of anticipatory profits or consequential damages. Lessor shall have no obligation to install, erect, test, adjust or service the Equipment. Lessee shall look to the manufacturer and/or seller for any claims related to the Equipment. LESSEE CONFIRMS THAT IT HAS SELECTED THE EQUIPMENT AND EACH PART THEREOF ON THE BASIS OF ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS RELIANCE UPON ANY STATEMENTS, REPRESENTATIONS OR WARRANTIES MADE BY LESSOR, AND LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OR VENDOR EXPENSE OF ANY PART KIND WHATSOEVER RELATING THERETO, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF THE EQUIPMENTANY CHARACTER. LESSOR NEITHER MAKES NOR SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY AS TO THE ACCOUNTING TREATMENT TO BE ACCORDED TO THE TRANSACTIONS CONTEMPLATED BY THIS LEASE OR AS TO ANY TAX CONSEQUENCES 2. CLAIMS AGAINST VENDOR AND/OR TAX TREATMENT THEREOFMANUFACTURER. If the Equipment is not properly installed, does not operate as represented or warranted by Vendor and/or Manufacturer, or is unsatisfactory for any reason, Lessee shall make any claim on account thereof solely against Vendor and/or Manufacturer pursuant to the Acquisition Agreement, if any, and shall, nevertheless pay Lessor all rent payable under this lease. All warranties from Vendor and/or Manufacturer are, to the extent they are assignable, hereby assigned to Lessee for the term of the lease or until an Event of Default occurs hereunder for Lessee's exercise at Lessee's expense. Lessee may directly inquire with Vendor and/or Manufacturer to receive an accurate and complete statement of such warranties, including any disclaimers or limitations of such warranties or of any remedies with respect thereto. 3.

NO WARRANTIES BY LESSOR. (a) Lessee has selected both (i) the Equipment and (ii) the supplier named on any Schedule(s) (herein called "Vendor") from whom Lessor is to purchase the Equipment. LESSOR NEITHER MAKES NOR SHALL BE DEEMED TO HAVE MADE AND LESSEE HEREBY EXPRESSLY WAIVES ANY NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIEDIMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, ITS FITNESS FOR ANY PARTICULAR PURPOSE, ITS COMPLIANCE WITH ANY APPLICABLE GOVERNMENTAL REQUIREMENTS OR REGULATIONS AND ITS NON-INFRINGEMENT OF ANY PATENTS OR OTHER RIGHTS AND, AS TO LESSOR AND ITS ASSIGNEE, LESSEE LEASES THE EQUIPMENTEQUIPMENT "AS IS." (b) If the Equipment is not properly installed, INCLUDINGdoes not operate as represented or warranted by the Vendor or is unsatisfactory for any reason, WITHOUT LIMITATIONLessee shall make any claim on account thereof solely against the Vendor and shall, nevertheless, pay Lessor all rent payable under this Lease. Lessee hereby waives any such claims as against Lessor or its assignee. Lessor hereby agrees to assign to Lessee solely for the purpose of making and prosecuting any said claim, all of the rights which Lessor has against the 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 WARRANTY SALESMAN OR REPRESENTATION AS OTHER AGENT OF THE VENDOR IS AN AGENT OF LESSOR. NO SALESMAN OR AGENT OF THE VENDOR IS AUTHORIZED TO THE DESIGN, QUALITY WAIVE OR ALTER ANY TERM OR CONDITION OF THIS LEASE. (d) LESSEE'S DUTY TO PAY THE RENT AND PERFORM ITS OTHER OBLIGATIONS AS SET FORTH IN THIS LEASE IS ABSOLUTE AND SHALL NOT BE AFFECTED BY (i) ANY REPRESENTATIONS AS TO THE EQUIPMENT OR ANY WARRANTY OF MERCHANTABILITY OTHER MATTER BY THE VENDOR, (ii) THE DEFICIENCY OR FITNESS INADEQUACY OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE PURPOSE, WHETHER OR AS NOT KNOWN OR DISCLOSED TO THE TITLE TO LESSEE, (iii) ANY DEFICIENCY OR LESSOR'S OR LESSEE'S INTEREST DEFECT IN THE EQUIPMENT EQUIPMENT, (iv) THE USE OR AS TO ANY OTHER MATTER RELATING TO THE EQUIPMENT OR ANY PART THEREOF, IT BEING AGREED THAT THE EQUIPMENT IS LEASED BY LESSOR "AS-IS" TO LESSEE AND THAT ALL SUCH RISKS, AS BETWEEN LESSEE AND LESSOR ARE TO BE BORNE BY LESSEE AT ITS SOLE RISK AND EXPENSE. LESSEE ACCORDINGLY AGREES NOT TO ASSERT ANY CLAIM WHATSOEVER AGAINST LESSOR BASED THEREON. Lessee further agrees, regardless of cause, not to assert any claim whatsoever against Lessor for loss of anticipatory profits or consequential damages. Lessor shall have no obligation to install, erect, test, adjust or service the Equipment. Lessee shall look to the manufacturer and/or seller for any claims related to the Equipment. LESSEE CONFIRMS THAT IT HAS SELECTED THE EQUIPMENT AND EACH PART THEREOF ON THE BASIS OF ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS RELIANCE UPON ANY STATEMENTS, REPRESENTATIONS OR WARRANTIES MADE BY LESSOR, AND LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OR VENDOR OF ANY PART PERFORMANCE OF THE EQUIPMENT, OR (v) ANY LOSS OF BUSINESS OR OTHER CONSEQUENTIAL LOSS OR DAMAGE WHETHER OR NOT RESULTING FROM ANY OF THE FOREGOING. LESSOR NEITHER MAKES NOR SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY AS TO THE ACCOUNTING TREATMENT TO BE ACCORDED TO THE TRANSACTIONS CONTEMPLATED BY THIS LEASE OR AS TO ANY TAX CONSEQUENCES AND/OR TAX TREATMENT THEREOFThe undersigned Lessee hereby requests Lessor to lease Equipment to Lessee on the terms and conditions of this Lease. Lessee hereby authorizes Lessor to insert in this Lease the serial numbers and other identification data of the Equipment when determined by Lessor.

NO WARRANTIES BY LESSOR. LESSEE HAS SELECTED BOTH (a) THE EQUIPMENT AND (b) THE MANUFACTURER OR OTHER SUPPLIER FROM WHOM LESSOR NEITHER IS TO PURCHASE IT. LESSOR MAKES NOR SHALL BE DEEMED NO WARRANTY, EXPRESSED OR IMPLIED AS TO HAVE MADE AND LESSEE HEREBY EXPRESSLY WAIVES ANY WARRANTY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE DESIGN OR REPRESENTATIONTHE CONDITION OF THE EQUIPMENT, EITHER EXPRESS ITS MERCHANTABILITY OR IMPLIEDITS FITNESS FOR ANY PARTICULAR PURPOSE, AND, AS TO LESSOR, LESSEE LEASES THE EQUIPMENT "AS IS". If any item of Equipment or all the Equipment is not properly installed, does not operate as represented or warranted by its manufacturer, or is unsatisfactory for any reason, Lessee shall make any claim on account thereof directly against such manufacturer and shall, upon satisfactory resolution of the claim by manufacturer, pay Lessor all rents payable under this Lease. In the event manufacturer is unable or unwilling to resolve the claim, Lessor will engage a mutually agreed party to resolve the claim to Lessee's reasonable satisfaction at Lessor's expense. Lessor hereby agrees to assign to Lessee, solely for the purpose of making and prosecuting any such claim all of the rights which Lessor has against such manufacturer for breach of warranty or other representation representing the Equipment. LESSOR SHALL NOT BE LIABLE FOR ANY DIRECT OR CONSEQUENTIAL DAMAGES INCURRED BY LESSEE AS A RESULT OF ANY BREACH OF WARRANTY OR REPRESENTATION WITH RESPECT TO THE EQUIPMENT AND LESSOR SHALL NOT BE LIABLE TO LESSEE FOR LOSS OF USE OF THE OCCASIONED BY LESSEE'S INABILITY TO USE THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION AS TO THE DESIGN, QUALITY OR CONDITION OF THE EQUIPMENT OR ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE OR AS TO THE TITLE TO OR LESSOR'S OR LESSEE'S INTEREST IN THE EQUIPMENT OR AS TO ANY OTHER MATTER RELATING TO THE EQUIPMENT OR ANY PART THEREOF, IT BEING AGREED THAT THE EQUIPMENT IS LEASED BY LESSOR "AS-IS" TO LESSEE AND THAT ALL SUCH RISKS, AS BETWEEN LESSEE AND LESSOR ARE TO BE BORNE BY LESSEE AT ITS SOLE RISK AND EXPENSEREASON WHATSOEVER. LESSEE ACCORDINGLY AGREES NOT TO ASSERT ANY CLAIM WHATSOEVER AGAINST LESSOR BASED THEREON. Lessee further agrees, regardless The provisions of cause, not this paragraph are intended to assert be a complete exclusion and negation of any claim whatsoever against express or implied warranties by Lessor for loss of anticipatory profits or consequential damages. Lessor shall have no obligation to install, erect, test, adjust or service the Equipment. Lessee shall look to the manufacturer and/or seller for any claims related with respect to the Equipment. LESSEE CONFIRMS THAT IT HAS SELECTED THE EQUIPMENT AND EACH PART THEREOF ON THE BASIS OF ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS RELIANCE UPON ANY STATEMENTS, REPRESENTATIONS OR WARRANTIES MADE BY LESSORwhether arising under the Uniform Commercial Code or under any other law now or hereafter in effect, AND LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OR VENDOR OF ANY PART OF THE EQUIPMENT. LESSOR NEITHER MAKES NOR SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY AS TO THE ACCOUNTING TREATMENT TO BE ACCORDED TO THE TRANSACTIONS CONTEMPLATED BY THIS LEASE OR AS TO ANY TAX CONSEQUENCES AND/OR TAX TREATMENT THEREOFor otherwise.