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at Lessee's sole expense, keep and maintain the Equipment clean and in good working order <br />during the Lease term. In the event the Equipment is damaged beyond repair, as determined by <br />industry standard, Lessee shall pay to Lessor the replacement cost of the Equipment. <br />5.0 Indemnity <br />Except for damages, claims or losses due to Lessor's acts or negligence, Lessee, to the <br />extent permitted by law, will indemnify and hold Lessor free and harmless from any liability for <br />losses, claims, injury to or death of any person, including Lessee, or for damage to property <br />arising from Lessee using and possessing the Equipment or from the acts or omissions of any <br />person or persons, including Lessee, using or possessing the Equipment with Lessee's express or <br />implied consent. <br />5.0 Consideration <br />Lessor agrees to lease the Equipment to Lessee in exchange for One Dollar and 00/100 <br />($1.00) and no other valuable consideration. <br />7.0 Waiver of Subrogation <br />Lessor and Lessee shall mutually waive their respective rights of recovery against each <br />other for any loss of, or damage to, the Equipment, to the extent that such loss or damage is <br />insured by an insurance policy in effect at the time of such loss or damage. Each party shall <br />obtain any special endorsements, if required by its insurer whereby the insurer waives its rights <br />of subrogation against the other party. The provisions of this clause shall not apply in those <br />instances in which a waiver of subrogation would cause either party's insurance coverage to be <br />voided or otherwise made uncollectible. <br />8.0 Entire Agreement <br />This Agreement sets forth the entire agreement and understanding between the parties as <br />to the subject matter, and merges and supersedes all prior discussions, agreements, and <br />understanding of any and every nature between them. <br />9.0 Corporate Authority <br />The persons signing on behalf of the respective parties represent that he/she has been <br />duly authorized to execute this Agreement, and has obtained all necessary and applicable <br />approvals to make this Agreement fully binding. <br />10.0 Insurance <br />E <br />