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<br />equal to the applicable Concluding Payment set forth in Schedule A opposite such Lease Payment Date. In the event that Lessee is <br />obligated to make such payment pursuant to subparagraph (b) above with respect to less than all of the Equipment, Lessor will provide <br />Lessee with the pro rata amount of the Lease Payment and the Concluding Payment to be made by Lessee with respect to the <br />Equipment which has suffered the event of loss. <br /> <br />14. PERSONAL PROPERTY. The Equipment is and will remain personal property and will not be deemed to be affixed or attached <br />to real estate or any building thereon. If requested by Lessor, Lessee will, at Lessee's expense, furnish a waiver of any interest in the <br />Equipment from any party having an interest in any such real estate or building. <br /> <br />15. INSURANCE. Lessee, will, at its expense, maintain at all times during the Lease Term, fire and extended coverage, public <br />liability and property damage insurance with respect to the Equipment in such amounts, covering such risks, and with such insurers as <br />shall be satisfactory to Lessor, or, with Lessor's prior written consent, may self-insure against any or all such risks. In no event will the <br />insurance limits be less than the amount of the then applicable Concluding Payment with respect to such Equipment or, in the case of <br />public liability and property damage insurance, in the amounts of $100,000/$300,000 bodily injury liability and $50,000 property damage <br />insurance sufficient to meet the requirements of section 324.021(9)(b) of the Florida Statutes (or any successor statute). Each insurance <br />policy will name Lessee as an insured and Lessor or its assigns as an additional insured, and will contain a clause requiring the insurer <br />to give Lessor or its assigns at least thirty (30) days prior written notice of any alteration in the terms of such policy or the cancellation <br />thereof The proceeds of any such policies will be payable to Lessee and Lessor or its assigns as their interests may appear. Upon <br />acceptance of the Equipment and upon each insurance renewal date, Lessee will deliver to Lessor a certificate evidencing such <br />insurance. In the event that Lessee has been permitted to self-insure, Lessee will furnish Lessor with a letter or certificate to such effect. <br />In the event of any loss, damage, injury or accident involving the Equipment, Lessee will promptly provide Lessor with written notice <br />thereof and make available to Lessor all information and documentation relating thereto and shall permit Lessor to participate and <br />cooperate with Lessee in making any claim for insurance in respect thereof. <br /> <br />16. LESSEE'S NEGLIGENCE. Lessee assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to <br />any Equipment and for injury or death of any person or damage to any property, whether such injury or death be with respect to agents <br />or employees of Lessee or to third parties, and whether such property damage be to Lessee's property or the property of others, which is <br />proximately caused by the negligent conduct of Lessee, its officers, employees or agents. Lessee hereby assumes responsibility for and <br />agrees to reimburse Lessor for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including <br />reasonable attorney's fees) of whatsoever kind and nature, imposed on, incurred by or asserted against Lessor that in any way relate to <br />or arise out of a claim, suit or proceeding based in whole or in part upon the negligent conduct of Lessee, its officers, employees or <br />agents, to the maximum extent permitted by law. <br /> <br />17. ASSIGNMENT. Without Lessor's prior written consent, Lessee will not either (i) assign, transfer, pledge, hypothecate, grant any <br />security interest in or otherwise dispose of this Lease or the Equipment or any interest in this Lease or the Equipment or (ii) sublet or <br />lend the Equipment or permit it to be used by anyone other than Lessee or Lessee's employees. Lessor may assign its rights, title and <br />interest in and to this Lease, the Equipment and any documents executed with respect to this Lease and/or grant or assign a security <br />interest in this Lease and the Equipment, in whole or in part, and Lessee's rights will be subordinated thereto. Any such assignees shall <br />have all of the rights of Lessor under this Lease. Subject to the foregoing, this Lease inures to the benefit of and is binding upon the <br />successors and assigns of the parties hereto. Lessee covenants and agrees not to assert against the assignee any claims or defenses <br />by way of abatement, setoff, counterclaim, recoupment or the like which Lessee may have against Lessor. Upon assignment of Lessor's <br />interests herein, Lessor will cause written notice of such assignment to be sent to Lessee which will be sufficient if it discloses the name <br />of the assignee and address to which further payments hereunder should be made. No further action will be required by Lessor or by <br />Lessee to evidence the assignment, but Lessee will acknowledge such assignments in writing if so requested. Lessee shall retain all <br />notices of assignment and maintain a book-entry record (as referred to in Section 21) which identifies each owner of Lessor's interest in <br />the Lease. Upon Lessee's receipt of written notice of Lessor's assignment of all orany part of its interest in the Lease, Lessee agrees to <br />attorn to and recognize any such assignee as the owner of Lessor's interest in this Lease, and Lessee shall thereafter make such <br />payments, including without limitation such Lease Payments, as are indicated in the notice of assignment, to such assignee. <br /> <br />18. EVENT OF DEFAULT. The term "Event of Default," as used herein, means the occurrence of anyone or more of the following <br />events: (i) Lessee fails to make any Lease Payment (or any other payment) as it becomes due in accordance with the terms of this <br />Lease, and any such failure continues for ten (10) days after the due date thereof; (ii) Lessee fails to perform or observe any other cove- <br />nant, condition, or agreement to be performed or observed by it hereunder and such failure is not cured within twenty (20) days after <br />written notice thereof by Lessor; (iii) the discovery by Lessor that any statement, representation, or warranty made by Lessee in this <br />Lease or in any writing ever delivered by Lessee pursuant hereto or in connection herewith was false, misleading, or erroneous in any <br />material respect; (iv) Lessee becomes insolvent, or is unable to pay its debts as they become due, or makes an assignment for the <br />benefit of creditors, applies or consents to the appointment of a receiver, trustee, conservator or liquidator of Lessee or of any of its <br />assets, or a petition for relief is filed by Lessee under any bankruptcy, insolvency, reorganization or similar laws, or a petition in, or a <br />proceeding under, any bankruptcy, insolvency, reorganization or similar laws is filed or instituted against Lessee and is not dismissed or <br />fully stayed within twenty (20) days after the filing or institution thereof; (v) Lessee fails to make any payment when due or fails to <br />perform or observe any covenant, condition, or agreement to be performed by it under any other agreement or obligation with Lessor or <br />an affiliate of Lessor and any applicable grace period or notice with respect thereto shall have elapsed or been given; or (vi) an <br />attachment, levy or execution is threatened or levied upon or against the Equipment. <br /> <br />19. REMEDIES, Upon the occurrence of an Event of Default, and as long as such Event of Default is continuing, Lessor may, at its <br />option, exercise anyone or more of the following remedies: (i) by written notice to Lessee, declare an amount equal to all amounts then <br />due under the Lease, and all remaining Lease Payments due during the fiscal year of Lessee in which the default occurs to be <br />immediately due and payable, whereupon the same shall become immediately due and payable; (ii) by written notice to Lessee, request <br />Lessee to (and Lessee agrees that it will), at Lessee's expense, promptly return the Equipment to Lessor in the manner set forth in <br />Section 5 hereof, or Lessor, at its option, may enter upon the premises where the Equipment is located and take immediate possession <br />of and remove the same; (iii) sell or lease the Equipment or sublease it for the account of Lessee, holding Lessee liable for all Lease <br />Payments and other payments due to the effective date of such selling, leasing or subleasing and for the difference between the <br />