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a patent, copyright or trade secret of ally person or entity. In the event an injunction or order <br />shall be obtained against Lessee's use of the Equiprarent based upon infringement of patent, <br />copyright or trade secret of any person or entity, or if in Lessee's opinion the Equipment is likely <br />to become the subject of claim of Infringenaerat or Violation of floe copyright, trade secret or <br />other proprietary right of the third party, Lessor shall, at its expense: (1) procure for Lessee the <br />right to continue using the allegedly Infringing Item; (if) replace or modify the allegedly Infringing <br />Item so that it becomes iron -infringing, but only If the Modification or replacement does not <br />-adversely affect Lessee; -or (iii) if neither (l) or (ii) above Is practical, terminate Lessee's right to <br />such use and refund a pro rata arnount of any charges or fees paid by Lessee In advance therefor. <br />Thereafter, Lessee and Lessor shall be released from any further obligation to the other under this <br />Agreement as to such Item, except for obligations relating to the treatment by either party of the <br />proprietary information of the other party, <br />C. Lessee shall timely notify Lessor of any claim of Infringement by any person or entity and Lessor <br />shall assist and cooperate in Lessee's defense of any such claim. <br />d• Lessor shall have no liability to Lessee if any patent or copyright infringernent or claim thereof is <br />based upon the use of the Equipment (i) in connection or in combination with equipment, devices <br />or software not supplied by Lessor, (ii) in a manner not authorized by this Agreement, or (iii) in a <br />manner for which it was not designed. <br />e. In the event that any Item shall be or becorne lost, stolen, Orin Lessee's good faith opinion, worn <br />out, contaminated or destroyed (any such occurrence or determination being hereinafter called a <br />"Casualty"), Lessee Mil notify lessor and Lessor shall provide Lessee with a substitute unit for <br />damaged equipment. <br />{i} Lessee shall, promptly after a responsible officer of Lessee has knowledge of such <br />Casualty, notify Lessor in regard thereto. <br />Following the occurrence of a Casualty with respect to any Item, Lessor shall promptly <br />provide a substitute Item to Lessee to replace the Item that was subject to the Casualty. <br />4 Lessee, will, at all times, while each tease is in effect and at its own expense, cause to be carried <br />and maintained in full force and effect in such arnounts and with such terms (including <br />coinsurance, deductibles, limits of liability and loss payment provisions) (at a minimum of two (2) <br />million dollars U D liability coverage per incident) as are set forth In hll�L2' attached hereto <br />and incorporated herein as if fully set forth, <br />INSPECTION AND REPORTS. <br />Authorized representatives of Lessor and Lessee shall jointly inspect the Equipment to determine <br />its condition both at the time it is delivered to Lessee and when it is returned to Lessor. Lessee <br />shall have the right to reject Equipment at the time of Its delivery on Lessee's sole,, but reasonably <br />exercised determination that the Equipment is not in satisfactory operating condition. <br />Lessor shall have the right, at any reasonable time upon adequate prior written notification and <br />during normal business hours, to enter on Lessee's premises or elsewhere and inspect the <br />Equipment or observe its use, provided that Lessor is accompanied by an employee of Lessee and <br />Lessor shall adhere to Lessee's safety practices and policies. Upon Lessor's request, but in no <br />event later than thirty (30) days after such request, Lessee will deliver all information requested <br />by Lessor,, which Lessor reasonably deems necessary to determine Lessee's compliance with the <br />terms and conditions hereof. Lessee shall give Lessor prompt notice and copies of all tax notices, <br />