Common use of Term and Rent Clause in Contracts

Term and Rent. The initial term shall commence on the day that any of the Equipment is delivered to you (the Commencement Date). The installments of rent shall be payable in advance, at the time and in the amounts provided above, commencing on the Commencement Date and subsequent payments shall be due on the same date of each successive period thereafter until all rent and any additional rent or expenses chargeable under this Agreement shall have been paid in full. Lessee obligation to pay the rent and other obligations hereunder shall be absolute and unconditional and are not subject to any abatement, set-off, defense or counter-claim for any reason whatsoever. 3. NO WARRANTIES: We are renting the Equipment to you “AS IS”. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT. We transfer to you for the term of this Agreement any warranties made by manufacturer or supplier to us. NEITHER SUPPLIER NOR ANY AGENT OF SUPPLIER IS AN AGENT OF LESSOR OR IS AUTHORIZED TO WAIVE OR MODIFY ANY TERM OR CONDITION OF THE AGREEMENT. 4. OWNERSHIP: We are the owner of the Equipment and have title to the Equipment. To protect our rights in the Equipment, in the event this Agreement is determined to be a security agreement, you hereby grant to us a security interest in the Equipment and all proceeds, products, rents or profits therefrom. In state where permissible, you hereby authorize us to cause this Agreement or any statement or other instrument in respect to this Agreement showing our interest in the Equipment, including Uniform Commercial Code Financing Statements, to be filed or recorded and re-filed and re-recorded and grant us the right to execute your name thereto. You agree to execute and deliver any statement or instrument requested by us for such purpose. You agree to pay or reimburse us for any searches, filings, recordings, stamp fees or taxes related to the filing or recording of any such instrument or statement. 5.

Term and Rent. The initial term (a). This Master Lease shall commence on the date set forth above and shall continue in effect thereafter so long as any Equipment Schedule A entered into pursuant to this Master Lease remains in effect. The term of each Equipment Schedule A shall commence upon the Effective Date specified in each Schedule and shall continue for the term specified unless earlier terminated pursuant to the terms hereof. Unless otherwise stated in Equipment Schedule A, each Equipment Schedule A term shall be automatically extended for successive monthly periods until terminated by either party giving to the other not less than ninety (90) days prior written notice of termination. Any such termination shall be effective only on the last day that any of the term specified in Equipment is delivered to you Schedule A or any successive period. (the Commencement Dateb). The installments of As rent for the Equipment, Lessee agrees to pay to Lessor the rent specified in Equipment Schedule A. All payments provided for in this Master Lease shall be payable in advance, made to the Lessor at the time and in address of the amounts provided Lessor set forth above, commencing on or at such other place as the Commencement Date Lessor, or its assigns, shall specify in writing. (c). This Master Lease is a net lease and subsequent payments shall be due on the same date of each successive period thereafter until all rent Lessee acknowledges and any additional rent or expenses chargeable under this Agreement shall have been paid in full. Lessee agrees that Lessee's obligation to pay make all payments hereunder, and the rent rights of Lessor in and other obligations hereunder to all such payments, shall be absolute and unconditional and are shall not be subject to any abatementabatement of rent or reduction thereof, set-offincluding but not limited to, defense abatements or counter-claim for reductions due to any reason whatsoever. 3. NO WARRANTIES: We are renting present or future claims of Lessee against Lessor, the Equipment to you “AS IS”. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT. We transfer to you for the term of this Agreement any warranties made by manufacturer or supplier to us. NEITHER SUPPLIER NOR ANY AGENT OF SUPPLIER IS AN AGENT OF LESSOR OR IS AUTHORIZED TO WAIVE OR MODIFY ANY TERM OR CONDITION OF THE AGREEMENT. 4. OWNERSHIP: We are the owner of the Equipment and have title to Equipment, the Equipment. To protect our rights Supplier, or any party under common ownership or affiliated with Lessor, by reason of any defect in the Equipment, the condition, design, operation or fitness for use thereof, or by reason of any failure of Lessor to perform any of its obligations hereunder, or by reason of any other cause. It is the intention of the parties hereto that the rent payable by Lessee hereunder shall continue to be payable in all events and in the event this Agreement is determined to be a security agreement, you hereby grant to us a security interest in manner and at the Equipment and all proceeds, products, rents or profits therefrom. In state where permissible, you hereby authorize us to cause this Agreement or any statement or other instrument in respect to this Agreement showing our interest in times herein provided unless the Equipment, including Uniform Commercial Code Financing Statements, to be filed or recorded and re-filed and re-recorded and grant us the right to execute your name thereto. You agree to execute and deliver any statement or instrument requested by us for such purpose. You agree obligation to pay or reimburse us for any searches, filings, recordings, stamp fees or taxes related shall be terminated pursuant to the filing or recording provisions of any such instrument or statementthis Lease. 5Section 3.

Term and Rent. (A) The initial term ("Initial Term") of any Equipment Schedule to which this Lease relates shall commence on the day that any Acceptance Date and shall be of such duration as is prescribed in such Equipment Schedule plus the Equipment is delivered to you Interim Term (the Commencement Dateas hereinafter defined). The installments of rent Advance Rent and any Security Deposit as provided in any Equipment Schedule shall be payable upon the execution of the applicable Equipment Schedule. Rental Payments shall commence (the "Commencement Date") on the first day of the month following the Acceptance Date unless the Acceptance Date is the first day of the applicable period, in advance, at the time and in the amounts provided above, commencing on which case the Commencement Date shall be the first day of the applicable period. Interim Rent shall be payable upon demand for the period between the Acceptance Date and subsequent the first day of the month following the Acceptance Date ("Interim Term") at a daily rate equal to the periodic rental provided in any Equipment Schedule divided by the number of days in the period. Subsequent rental payments shall be due periodically in advance on the same date first day of each successive period thereafter until all rent Rent and any additional rent or expenses other sums chargeable under this Agreement shall have been to Lessee hereunder are paid in full. LESSEE'S OBLIGATION TO PAY RENT AND LESSEE'S OTHER MONETARY OBLIGATIONS HEREUNDER ARE ABSOLUTE AND UNCONDITIONAL AND ARE NOT SUBJECT TO ANY ABATEMENT, SET-OFF, DEFENSE OR COUNTERCLAIM FOR ANY REASON WHATSOEVER. Any Security Deposit shall secure all obligations of Lessee hereunder and may be applied at Lessor's discretion to any past due obligation of Lessee and to pay the rent and other obligations hereunder extent not applied shall be absolute and unconditional and are not subject returned to any abatementLessee, set-offwithout interest, defense or counter-claim for any reason whatsoever. 3. NO WARRANTIES: We are renting at the Equipment to you “AS IS”. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT. We transfer to you for the term of this Agreement any warranties made by manufacturer or supplier to us. NEITHER SUPPLIER NOR ANY AGENT OF SUPPLIER IS AN AGENT OF LESSOR OR IS AUTHORIZED TO WAIVE OR MODIFY ANY TERM OR CONDITION OF THE AGREEMENT. 4. OWNERSHIP: We are the owner expiration of the applicable Equipment and have title Schedule. All payments of Rent shall be made to Lessor at the Equipmentaddress Lessor shall designate in writing. To protect our rights in the Equipment, in the event this Agreement is determined to be a security agreement, you hereby grant to us a security interest in the Equipment and all proceeds, products, rents or profits therefrom. In state where permissible, you hereby authorize us to cause this Agreement or any statement or other instrument in respect to this Agreement showing our interest in the Equipment, including Uniform Commercial Code Financing Statements, to be filed or recorded and re-filed and re-recorded and grant us the right to execute your name thereto. You agree to execute and deliver any statement or instrument requested by us for such purpose. You agree to pay or reimburse us for any searches, filings, recordings, stamp fees or taxes related to the filing or recording of any such instrument or statement. 5.EXHIBIT 10.28

Term and Rent. The initial term You agree to pay us the Advance Rental Payment(s) and the Documentation and Administration Fee in the amount set forth in Part III of each Equipment Schedule when you sign each such Equipment Schedule. You agree that the Advance Rental Payment(s) and the Documentation and Administration Fee shall not be refunded if the lease/Lease Term does not commence on for any reason, may be commingled, and shall not earn interest. You agree to pay us Rental Payments for the day that any use of the Equipment is delivered to you (in the Commencement Date). The installments amounts, number and frequency set forth in Part III of rent shall be payable in advanceeach Equipment Schedule, at the time and in the amounts provided abovesuch place as we may designate, commencing on the Commencement Date day of your Acceptance of the Equipment, and subsequent payments shall be due on the same date day of each successive period thereafter until all rent and any additional rent succeeding month (or expenses chargeable under the last day of a month that has fewer days than said day). The term of this Agreement shall continue until all your and any guarantor’s obligations have been paid fully paid, performed and discharged hereunder and under any Equipment Schedule incorporating the terms hereof. You authorize us to change the Rent Payment by not more than fifteen percent (15%) in fullthe event of changes in the initial price of the Equipment. Lessee The Rental Payments are due whether or not you receive an invoice from us. If you fail to pay us the entire amount of any Rental Payment when due, you shall pay to us on demand a late charge of ten percent (10%) of the total amount of said Rental Payment, plus any expenses of any collection agency, service or attorney employed by us to collect said Rental Payment (“Late Charge”), but in no event shall the total amount of the Late Charge exceed the amount permitted by law. IF ANY AMOUNT AGREED TO, CHARGED OR RECEIVED UNDER THIS AGREEMENT WOULD, BUT FOR THIS SECTION, EXCEED THE MAXIMUM LAWFUL AMOUNT ALLOWED BY ANY USURY OR OTHER APPLICABLE LAW, SUCH AMOUNT SHALL BE AUTOMATICALLY AND STRICTLY LIMITED TO THE AMOUNT ALLOWED BY APPLICABLE LAW. IF ANY AMOUNT IN EXCESS OF THE LAWFUL AMOUNT IS RECEIVED, IT WILL BE CREDITED TO AMOUNTS THAT ARE LAWFULLY DUE AND OWING BY YOU OR WILL BE REFUNDED TO YOU. Net Lease. Subject to our compliance with the Manufacturer’s Agreement applicable to any Equipment, each lease is a net lease and you acknowledge and agree that your obligation to pay the rent all rental and other obligations hereunder sums payable hereunder, and our rights in and to such payments, shall be absolute and unconditional and are shall not be subject to any abatement, set-offreduction, setoff, counterclaim or other defense or counter-claim for any reason whatsoever. 3. NO WARRANTIES: We are renting the Equipment to you “AS IS”. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT. We transfer to you for the term of this Agreement any warranties made by manufacturer or supplier to us. NEITHER SUPPLIER NOR ANY AGENT OF SUPPLIER IS AN AGENT OF LESSOR OR IS AUTHORIZED TO WAIVE OR MODIFY ANY TERM OR CONDITION OF THE AGREEMENT. 4. OWNERSHIP: We are the owner of the Equipment and have title to the Equipment. To protect our rights in the Equipment, in the event this Agreement is determined to be a security agreement, you hereby grant to us a security interest in the Equipment and all proceeds, products, rents or profits therefrom. In state where permissible, you hereby authorize us to cause this Agreement or any statement or other instrument in respect to this Agreement showing our interest in the Equipment, including Uniform Commercial Code Financing Statements, to be filed or recorded and re-filed and re-recorded and grant us the right to execute your name thereto. You agree to execute and deliver any statement or instrument requested by us for such purpose. You agree to pay or reimburse us for any searches, filings, recordings, stamp fees or taxes related to the filing or recording of any such instrument or statement. 5.

Term and Rent. (A) The initial term ("Initial Term") of any Equipment Schedule to which this Lease relates shall commence on the day that any Acceptance Date and shall be of such duration as is prescribed in such Equipment Schedule plus the Equipment is delivered to you Interim Term (the Commencement Dateas hereinafter defined). The installments of rent Advance Rent and any Security Deposit as provided in any Equipment Schedule shall be payable upon the execution of the applicable Equipment Schedule and shall not be refundable if the Initial Term for any reason does not commence or if this Lease or the applicable Equipment Schedule is duly terminated by Lessor. Rental Payments shall commence (the "Commencement Date") on the first day of the month following the Acceptance Date unless the Acceptance Date is the first day of the applicable period, in advance, at the time and in the amounts provided above, commencing on which case the Commencement Date shall be the first day of the applicable period. Interim Rent shall be payable upon demand for the period between the Acceptance Date and subsequent the first day of the month following the Acceptance Date ("Interim Term") at a daily rate equal to the periodic rental provided in any Equipment Schedule divided by the number of days in the period. Subsequent rental payments shall be due periodically in advance on the same date first day of each successive period thereafter until all rent Rent and any additional rent or expenses other sums chargeable under this Agreement shall have been to Lessee hereunder are paid in full. LESSEE'S OBLIGATION TO PAY RENT AND LESSEE'S OTHER MONETARY OBLIGATIONS HEREUNDER ARE ABSOLUTE AND UNCONDITIONAL AND ARE NOT SUBJECT TO ANY ABATEMENT, SET-OFF, DEFENSE OR COUNTERCLAIM FOR ANY REASON WHATSOEVER. Any Security Deposit shall secure all obligations of Lessee hereunder and may be applied at Lessor's discretion to any past due obligation of Lessee and to pay the rent and other obligations hereunder extent not applied shall be absolute and unconditional and are not subject returned to any abatementLessee, set-offwithout interest, defense or counter-claim for any reason whatsoever. 3. NO WARRANTIES: We are renting at the Equipment to you “AS IS”. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT. We transfer to you for the term of this Agreement any warranties made by manufacturer or supplier to us. NEITHER SUPPLIER NOR ANY AGENT OF SUPPLIER IS AN AGENT OF LESSOR OR IS AUTHORIZED TO WAIVE OR MODIFY ANY TERM OR CONDITION OF THE AGREEMENT. 4. OWNERSHIP: We are the owner expiration of the applicable Equipment and have title Schedule. All payments of Rent shall be made to Lessor at the Equipment. To protect our rights address Lessor shall designate in the Equipment, in the event this Agreement is determined to be a security agreement, you hereby grant to us a security interest in the Equipment and all proceeds, products, rents or profits therefrom. In state where permissible, you hereby authorize us to cause this Agreement or any statement or other instrument in respect to this Agreement showing our interest in the Equipment, including Uniform Commercial Code Financing Statements, to be filed or recorded and re-filed and re-recorded and grant us the right to execute your name thereto. You agree to execute and deliver any statement or instrument requested by us for such purpose. You agree to pay or reimburse us for any searches, filings, recordings, stamp fees or taxes related to the filing or recording of any such instrument or statement. 5writing.

Term and Rent. (A) The initial term ("Initial Term") of any Equipment Schedule to which this Lease relates shall commence on the day that any Acceptance Date and shall be of such duration as is prescribed in such Equipment Schedule plus the Equipment is delivered to you Interim Term (the Commencement Dateas hereinafter defined). The installments of rent Advance Rent and any Security Deposit as provided in any Equipment Schedule shall be payable upon the execution of the applicable Equipment Schedule and shall not be refundable if the Initial Term for any reason does not commence or if this Lease or the applicable Equipment Schedule is duly terminated by Lessor. Rental Payments shall commence (the "Commencement Date") on the first day of the month following the Acceptance Date unless the Acceptance Date is the first day of the applicable period, in advance, at the time and in the amounts provided above, commencing on which case the Commencement Date shall be the first day of the applicable period. Interim Rent shall be payable upon demand for the period between the Acceptance Date and subsequent the first day of the month following the Acceptance Date ("Interim Term") at a daily rate equal to the periodic rental provided in any Equipment Schedule divided by the number of days in the period. Subsequent rental payments shall be due periodically in advance on the same date first day of each successive period thereafter until all rent Rent and any additional rent or expenses other sums chargeable under this Agreement shall have been to the Lessee hereunder are paid in full. Lessee Lessee's obligation to pay the rent Rent and Lessee's other monetary obligations hereunder shall be are absolute and unconditional and are not subject to any abatement, set-off, defense or counter-claim counterclaim for any reason whatsoever. 3Any Security Deposit shall secure all obligations of Lessee hereunder and may be applied at Lessor's discretion to any past due obligation of Lessee and to the extent not applied shall be returned to Lessee, without interest, at the expiration of the applicable Equipment Schedule. NO WARRANTIES: We are renting All payments of Rent shall be made to Lessor at the Equipment to you “AS IS”address Lessor shall designate in writing. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT. We transfer to you for the term of this Agreement (B) Whenever any warranties payment is not made by manufacturer or supplier Lessee within five (5) days of when due hereunder, Lessee agrees to us. NEITHER SUPPLIER NOR ANY AGENT OF SUPPLIER IS AN AGENT OF LESSOR OR IS AUTHORIZED TO WAIVE OR MODIFY ANY TERM OR CONDITION OF THE AGREEMENT. 4. OWNERSHIP: We are pay to Lessor, as additional rent, interest on all monies due Lessor from and after the owner date same is due at the rate of one and one-quarter (1-1/4%) percent per month until paid, but as to each of the Equipment and have title to foregoing in no event more than the Equipmentmaximum rate permitted by law. To protect our rights in the Equipment(C) As used herein, in the event this Agreement is determined to be a security agreement, you hereby grant to us a security interest in the Equipment and all proceeds, products, rents or profits therefrom. In state where permissible, you hereby authorize us to cause this Agreement or any statement or other instrument in respect to this Agreement showing our interest in the Equipment, including Uniform Commercial Code Financing Statements, to be filed or recorded and re-filed and re-recorded and grant us the right to execute your name thereto. You agree to execute and deliver any statement or instrument requested by us for such purpose. You agree to pay or reimburse us for any searches, filings, recordings, stamp fees or taxes related to the filing or recording of any such instrument or statement. 5."

Term and Rent. (A) The initial term ("Initial Term") of any Equipment Schedule to which this Lease relates shall commence on the day that any Acceptance Date and shall be of such duration as is prescribed in such Equipment Schedule plus the Equipment is delivered to you Interim Term (the Commencement Dateas hereinafter defined). The installments of rent Advance Rent and any Security Deposit as provided in any Equipment Schedule shall be payable upon the execution of the applicable Equipment Schedule and shall not be refundable if the Initial Term for any reason does not commence or if this Lease or the applicable Equipment Schedule is duly terminated by Lessor. Rental Payments shall commence (the "Commencement Date") on the first day of the month following the Acceptance Date unless the Acceptance Date is the first day of the applicable paid, in advance, at the time and in the amounts provided above, commencing on which case the Commencement Date shall be the first day of the applicable period. Interim Rent shall be payable upon demand for the period between the Acceptance Date and subsequent the first day of the month following the Acceptance Date ("Interim Term") at a daily rate equal to the periodic rental provided in any Equipment Schedule divided by the number of days in the period. Subsequent rental payments shall be due periodically in advance on the same date first day of each successive period thereafter until all rent Rent and any additional rent or expenses other sums chargeable under this Agreement shall have been to Lessee hereunder are paid in full. Lessee full Lessee's obligation to pay the rent Rent and Lessee's other monetary obligations hereunder shall be are absolute and unconditional and are not subject to any abatement, set-off, defense or counter-claim counterclaim for any reason whatsoever. 3. NO WARRANTIES: We are renting Any Security Deposit shall secure all obligations of Lessee hereunder and may be applied at Lessors discretion to any past due obligation of Lessee and to the Equipment extent not applied shall be returned to you “AS IS”. WE MAKE NO WARRANTIESLessor, EXPRESS OR IMPLIEDwithout interest, INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT. We transfer to you for at the term of this Agreement any warranties made by manufacturer or supplier to us. NEITHER SUPPLIER NOR ANY AGENT OF SUPPLIER IS AN AGENT OF LESSOR OR IS AUTHORIZED TO WAIVE OR MODIFY ANY TERM OR CONDITION OF THE AGREEMENT. 4. OWNERSHIP: We are the owner expiration of the applicable Equipment and have title Schedule. All payments of Rent Schedule be made to Lessor at the Equipmentaddress Lessor - shall designate in writing. To protect our rights in the Equipment, in the event this Agreement is determined to be a security agreement, you hereby grant to us a security interest in the Equipment and all proceeds, products, rents or profits therefrom. In state where permissible, you hereby authorize us to cause this Agreement or any statement or other instrument in respect to this Agreement showing our interest in the Equipment, including Uniform Commercial Code Financing Statements, to be filed or recorded and re-filed and re-recorded and grant us the right to execute your name thereto. You agree to execute and deliver any statement or instrument requested by us for such purpose. You agree to pay or reimburse us for any searches, filings, recordings, stamp fees or taxes related to the filing or recording of any such instrument or statement. 5.~ - ~