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<br />FIRST
<br />WACHOVIA
<br />Lcsw. Name .
<br />Address --
<br />1 Sul, "/, 1, �22j -4 City'
<br />Cih' _ Vii.- �S�iba14� �J
<br />Sum zip
<br />Contact Y P • Phone ry ry �� q1 74M*i -I Phone
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<br />Thu Master Lease Agreement sets forth the nips and Wndiii.ns upon which L,es x well lease to Lessee. and (.care will rem from lessor, the items of Personal propcny IEQUIP-
<br />MENTi wt forth in ,. mien schedule") (SUPPLEMENTARY $CHEDl1LE($) w he executed try Lessee and Lessor.
<br />Each Suppdemennary Schedule. -€ether with this Master Lease Agreement, shall constitute a single agreement end a sops w and distinct lease ILEASE, WHICH SHALL
<br />BE NON - CANCELABLE DURING THE INITIAL TERM AND RENEWAL TERMISL IF ANY. The provisions of this Hasler Leak Agreement shall
<br />be incorporated by reference in am Supplementary Schedule, when and as executed, and shall have the same force and effect as if w( forth fully (herein. If any pHs nut lhls Master
<br />Lease Agreement ,hall materially differ tram or be in:onsislen! with any prmision of a Supplemenary Schedule, the p ion Mite Supplemenary Schedule .hall s:on'rnl, end the
<br />pew tin of ihix Healer Lease Agreement. to the extent of such dif crence or inconsistency, shall not be appbeahk -the Lease. Execution of this Hasler Lease Agreement a not an
<br />ag usmem - execun any Supplementary Schedule.
<br />Execpl as pnwided Secnnn 13 of this Master Ixasc Agg ement, any invalidation, waiver, fulRllmenr. termination or other disposition of any rights ur obligations of Lessor or
<br />Lessee or urndcr anv Leaw shall not affect the rights or obligations of Leaser or Lessee in ur under eny other Lease.
<br />EACH LEASE SHALL BE A NET LEASE. 11 is the intern uf'he panics that under each base Lease shall rexeiue the Rem plus dot_ Residual Value of the Equip -
<br />mem. All corn. expenses and ndigairuns oY every kind and nee -re, Teen or unforcsxxn. Tncludi� but nut limited m, tuxes, duties, repairs, testing. hout wt e.. c untercdelivery. Packing.
<br />insual Wr>r!, meLmni.rwY, risk of bas. M ate ul'the Fqurpmeot shall K paid and/or borne solely M Lessee. Au paymeans shell be pad by Lessee ES A setwlf, uwnterS T rccouLES-
<br />defeau..r ohcr ngm which Lessee may have against'he supplier of tde Equipmem.r any dher ray. LESSSEE e�TREAT ENT B AND AGREES THAT ASE,
<br />SOR HAS N07 MADE AND WILL NOT MAKE ANY REPRESENTATIONS AS TO THE TREATMENT BY LESSEE OF ANY LEASE.
<br />1�IS ATTORNEY AND ACCOUNTANT WI HRESRPECT�•TO ALLC SUICH MAC E& SEE IS ADVISED TO CONSULT
<br />1. DEFINITIONS: In addition m the terms defined above, the tolluwing delimtiomx shell apply To each Lease:
<br />LESSOR means Lessor and hts successors and assign.
<br />LESSEE means each Lessee and, if more than one, all of them, and its or (heir respective .successors and assigns.
<br />GUARANTOR means each guarentur ul the obligations of Lessee - Lessor under any Lease or any other agreement of contract hnween the panics hereto and, it more Than one,
<br />all d them, and its or their respective successors and assigns. pnwT
<br />PERIODIC PAYMENT means a periodic installment or payment of rem payable W Lessee to Lessor in die Initial Term or my Renewal Te(m of any l -caw in The amount id-
<br />ed in the applicable Supplementary Schedule.
<br />RENT means the total Mall Periodic Payments m be paid by Lessee m Lessor in the Initial Term or any Renewal Term of any Lease w provided in the applicable Supplen)enu+ry
<br />Schedule. PrrnT
<br />ADDITIONAL PAYMENT -cans an amuum,x sum in addition - Rent payable by Lessee m Lessor in the Initial Term or any Renewal Term of am Lease as Jed in The Lease.
<br />LEASE TERM mems the term or period .f anv Lease and consists of the Initial Term and any Renewal Teens.
<br />INITLIL TERM moans'he initial term nr period of arty (.ease that begins on the Leaw Commencement, Date and continues for the period specified in the block or space captioned
<br />--Initial Tenn d' Lease" in (he applicable SuppkmenTa Schell le.
<br />RENEWAL TERM means the ic(m or period Many renewal or extension of any Lease that begins at the end of the Initial Term or any preceding Renewal Term and continue, by
<br />the period. if any..cpe�iPed in The a lis-abte Supplementary Schedule.
<br />LEASE COMMENCEMENT DATE means the dale upon which the Initial Term begins and slwll be the date Leaser executes the Supplementary Schedule. Lessor is nor nbligat
<br />ed m execute the Supplemenury Schedule until it mocives an eaeculed Activation Nutlet, from Lessee, Lessor and Leases may agree to arty other dale .,!w Lease Commencement dale.
<br />ACTIVATION NOfIC E nears the notice delivered by Le seem Lessor (wing The fo(m provided by Lessor) ,rating that Les cc has received the EquipnlenT. Thar the EquTpnlem
<br />a. (k, Yjbed .r ..psx'ihed in The Supplenernary Schedule and the Equipment is m gourd working cundillon =has been delivered amt inswlled in a manner satisl'ac -ry n, Lessee.
<br />i� EQUIPMENT ooans The Equipment set torah in any applicable Supplementary Schedule, -rally until hereuf, together with all pans, replacements, additions and acec+sories in
<br />led Therein .r al l- d'here.. at any tine.
<br />vn DUAL COST neaps those sums actually paid by Lessor in connection with The acquisition of the Equipment.
<br />RESIDUAL VALUE means the fair market value of the Equipment as of the end of The Initial Term. or, if any amount or a percentage of Actual Cost's specified in an Agreement
<br />to Purchase or Option to Purchase making reference to this Master Lease Agreement. that amount or the dollar equivalent of that pecenage.
<br />2. LEASE TERM: The Laaw Tenn commerce, on the Lease Cnmmencernelin Date . If Renewal Terms are specified in the Supplementary Schedule, then after the Initial rem and
<br />upon 1M: Terms and conditions Zl,( the L.eaw shell be automatically renewed for the period M tle Renewal Term at the maul rate specified in the SupplemeTluiry Schedule unles, Lc,we
<br />give, Iassor w'ritum notice .t' canvrll,non at least thirty (30) clays before the expiration of the Initial Term of any Renewal Tem.
<br />' WARRANTIES: Lnscc acknouledges that Lessor its not the manufacturer, agent of the manufacturer, di,nibutor or vcnd.r M Equ(p..a. LESSEE AC-
<br />3. AND AGREES THAT IT HAS INDEPENDENTLY SELECTED OR WILL SELECT THE EQUIPMENT AND HAS NOT
<br />RELIED AND WILL 107' RELY UPON ANY EXPERTISE OF LESSOR AND THAT LESSOR HAS NOT MADE. AND WILL NOT
<br />MAKE ANY REPRESENTATIONS OR WARRANTIES OF WHATEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IM-
<br />PLIED, WITH RESPECT TO THE EQUIPMENT, INCLUDING, BUT NOT LIMITED TOr THE SUITABILITY, DURABILITY, FIT-
<br />NESS FOR USE FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, DESIGN OR CONDITION, QUALITY OR CAPACITY,
<br />WORKMANSHIP OF OR IN THE EQUIPMENT, OR AS TO COMPLIANCE BY THE EQUIPMENT WITH THE REQUIREMENTS
<br />OF A_NY LAW, RULE, SPECIFICATION OR CONTRACT PERTAINING THERFIU OR AS TO PATENT INFRINGEMENTS, OR AS
<br />TO LATENT OR PATENT DEFECTS. _
<br />Lessee will k— The F-gtupmell "AS IS" aril limcifcal% ves all rights - make claims or assert defenses aged it Lessor for breach of any warranty of any kind whatsoever, Lcswe
<br />,psiifcally comsenanls and agrees that( Lenur shall not be liable to Lessee for any loss. dotmege expense or cost of any kind or nature caused directly or indirectly a any Equipment-
<br />including but nut limited w: its use, maintenance loss of use, rcpaim, service. adjusnmenl, delivery, installation, delay or failure - provide the foregoing, intenupluun of service. or
<br />loss of business- Lessor agrees, upon Lussee's request_ -assign to Lessee any interest Lessor may have in or under any warranly, express or implied, made by any manufacturer. dis-
<br />tributor or vendor uflhe Equipment. All claims or actions of any wamnry sit assigned shall he made or prosecuted by Lease, at its sole expense, and Lessor shall not b< obligated or
<br />required m make anv claim on such wan -only. Any recovery under such a warranty shall be payable jointly Tel Lessee and Lessor. All amounts recovered shall firs( be applied. at the
<br />election M Les— either In the ot Lt, s obligations in Lessor under the Lease or to the costs of repairing altenng. modifying or replacing the Equipment, and the balance
<br />remaining. if am', shall !x paid lu LC, we. Lessor further authorizes L.eswe to obtain such warranty .service as may Ifs cuswmaridy rendered by tiny manufacl . i tributur ur ,cn-
<br />ds of the Equjpimcnt. provided That ter such service shall be a1 the expense of Lessor and, provided further, that now ch semce shall be rendered to or accepted Le,sec in satis-
<br />faction, compocolow or wilement of any amounts due Lessor and Lessee as recovery under a warranty.
<br />J. RENT; During the Lease Tcnn. Lessee shall pay - Lessor (an the oddness soled above unless otherwise Jirceed by Lessor) the Rem and any AJdirinnal Flay nTenn provided in
<br />the Luse. Lessee xknwledge. and agree, Thee( The Rent is bash upon .4nua1 Cnxt end Residual Value. AS AN INDUCEMENT AND CONDITION PRECEDENT TO LESSOR'S
<br />ENTRY INTO THE LEA5E Le,we acknowledges and agrees (her Lt,='has burg ined nor and is entitled m receive The Rent, any Additional Payments and the Residual Value.
<br />The receipt ol'anv chnk nr ot her item on a taunt of any Periodic Payment. Additional Payment or Rcsid(ul Value will not be considered as payment until such check or other item
<br />is honored when presented for payment. Lessors acceplanee Many payment by a third parry shall nut be construed as a consent by lessor to a Iramter or assumption of the Lease, n
<br />lease of Le,w, or as a waiver or any of Lessor i rights hereunder. Any amount received by Lessor upon execution of a Supplementary Schedule and entry in a Lease Tn excess tit
<br />the first periodic Pammem shall lr held w'it hout imerest as ,ccurity for Lessee's faithful perfonlwhee Mthe c.ndlTnma tine lux. If Lease, fans - fry any Roadie Paynem or Additional
<br />Payment when due. Lessee shall pay to Lessor a jam charge dive percent (5 %) of each such delinquent amount for each thirty T 30) day period or pan thereof for which said amount
<br />is delinyuen'.
<br />THE ADDITIONAL PROVISIONS OF THE REVERSE SIDE HEREOF ARE INCLUDED IN AND ARE PART OF THIS MASTER
<br />LEASE AGREEMENT. LESSEE ACKNOWLEDGES THAT IT HAS READ AND AGREES TO BE BOUND BY THE SAME.
<br />If more than one Lcaxc i, a party to this Master Lease Agreement, the Liability of each such Lessee shall be JOINT AND SEVERAL.
<br />dmprinr Se4411rrr)
<br />ATTEST;
<br />i Signal 1 rTi11e1
<br />dmprin, Sent Hrn•r
<br />ATTEST:
<br />(witness)
<br />Date �' D
<br />ATTEST:
<br />.4 sT ' nl Snrcrary
<br />-.6
<br />Orange County
<br />amt nF Lessee I
<br /><c- �= couNrr
<br />I 6Calx� �: � -I ..ION ¢n
<br />ay
<br />`fSignenre) Mi ITitlel
<br />'Nee 1eor Les+cel
<br />By
<br />'Signature)
<br />Accepted: First Wachwde Leasing Corparatron
<br />
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