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<br />7. DEFAULTS: If Lessee fails to perform or fulfill any obligation under this <br />Agreement, Lessee shall be in default of this Agreement. Subject to any statute, <br />ordinance or law to the contrary, Lessee shall have scven (7) days from thc date of notice <br />of default by Lessor to cure the default. In the event Lessee does not cure a default, <br />Lessor may at Lessor's option (a) cure such default and the cost of such action may be <br />added to Lessee's financial obligations under this Agreement; or (b) declare Lessee in <br />default of the Agreement. If Lessee shall become insolvent, cease to do business as a <br />going concern or if a petition has been filed by or against Lessee under the Bankruptcy <br />Act or similar federal or state statute, Lessor may immediately declare Lessee in default <br />of this Agreement. In the event of default, Lessor may, as permitted by law, re-take <br />possession of the Equipment. Lessor may, at its option, hold Lessee liable for any <br />difference between the Rent that would have been payable under this Agreement during <br />the balance of thc unexpired term and any rent paid by any successive lessee if the <br />Equipment is re-let minus the cost and expenses of such reletting. In the event Lessor is <br />unable to re-let the Equipment during any remaining term of this Agreement, after default <br />by Lessee, Lessor may at its option hold Lessee liable for the balance of the unpaid rent <br />under this Agreement if this Agreement had continued in force. <br /> <br />8. POSSESSION AND SURRENDER OF EQUIPMENT: Lessee shall bc entitled to <br />possession of the Equipment on the first day of the Lease Term. At the expiration of the <br />Lease Term, Lessee shall surrender the Equipment to Lessor or Lessor's agent in good <br />condition and working order, ordinary wear and tear exceptcd, as it was at the <br />commencement of the Agreement. Lessor shall pick-up the equipment within 48 hours of <br />the expiration or termination of this Agreement. <br /> <br />9. USE OF EQUIPMENT: Lessee shall only use the Equipment in a careful and proper <br />manner and will comply with all laws, rules, ordinances, statutes and orders regarding the <br />use, maintenance of storage of the Equipment. <br /> <br />10. CONDITION OF EQUIPMENT AND REPAIR: Lessee or Lessee's agent has <br />inspected the Equipment and acknowledges that the Equipment is in good and acceptable <br />condition. <br /> <br />11. MAINTENANCE, DAMAGE AND LOSS: Lessee will, at Lessec's sole expense, <br />keep and maintain the Equipment clean and in good working order and repair during the <br />Lease Tcrm. In the event thc Equipment is lost or damaged beyond repair, Lessee shall <br />pay to Lessor the replacement cost of the Equipment; in addition, the obligations of this <br />Agreement shall continue in full force and effect through the Lease Term. <br /> <br />Equipment Lease Agreement <br /> <br />2 <br /> <br />SIB <br />