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reports, or inquiries, and of all notices of seizure, attachment or judicial process affecting or
<br />relating to the use, maintenance, operation or possession of the Equipment. BTE equipment shall
<br />not be moved or used outside of the United States of America.
<br />6. DISCLAIMER OF WARRANTIES.
<br />LESSOR LEASES THE EQUIPMENT "AS IS", AND BEING NEITHER THE MANUFACTURER OF THE
<br />EQUIPMENT -NOR THE AGENT OF THE VENDOR, DEALER, SUPPLIER, MANUFACTURER OR
<br />SELLER OF THE EQUIPMENT (COLLECTIVELY REFERRED TO AS "SELLER"), LESSOR DISCLAIMS ANY
<br />REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED WITH RESPECT OR RELATED
<br />TO THE EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, THE CONDITION OR PERFORMANCE OF
<br />THE EQUIPMENT, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSOR
<br />SHALL HAVE NO LIABILITY TO LESSEE FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND OR
<br />NATURE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, THE ACTIVE OR PASSIVE NEGLIGENCE
<br />OR STRICT LIABILITY OF LESSOR, NOR SHALL THERE BE ANY ABATEMENT OF LEASE PAYMENTS FOR
<br />ANY REASON, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING OUT OF OR IN CONNECTION
<br />WITH (i) THE DEFICIENCY OR INADEQUACY OF THE EQUIPMENT FOR ANY PURPOSE, WHETHER OR
<br />NOT KNOWN OR DISCLOSED TO LESSOR, (ii) ANY DEFICIENCY OR DEFECT INTHE EQUIPMENT
<br />ITSELF, (iii) THE USE OR PERFORMANCE OF THE EQUIPMENT, OR (IV) ANY LOSS OF BUSINESS OR
<br />OTHER CONSEQUENTIAL LOSS OR DAMAGE, WHETHER OR NOT RESULTING FROM ANY OF THE
<br />FOREGOING.
<br />b. For the full Lease Term, Lessee may have the benefit of any and all assignable Seller's warranties,
<br />service agreements and patent indemnities, if any, with respect to the Equipment, provided,
<br />however, that Lessee's sole remedy for the breach of any, such warranty, indemnification or
<br />service agreement shall be against the Lessor, nor shall any such breach have any effect
<br />whatsoever on the rights jrnd obligations of Lessor or Lessee with respect to the Lease. For so
<br />long as no Event of Default has occurred and is continuing, Lessor constitutes Lessee as the agent
<br />and attorney -in -fact of Lessor for the purpose of exercising and enforcing, and with full right,
<br />Power and authority to exercise and to enforce, to the exclusion of Lessor and all Persons claiming
<br />through or under Lessor, all of the right, title and Interest of Lessor in, underand to all
<br />manufacturer's warranties in respect of the Equipment, Lessor shall, at Lessee's request, execute
<br />and deliver any instruments and tale such other action as may be reasonably requested by Lessee
<br />to enable Lessee to enforce such rights.
<br />7. ASSIGNMENT,
<br />a. LESSEE ,SHALL NOT ASSIGN THE I'..EASE OR ANY OF ITS RIGHTS UNDER THE LEASE OR SUBLEASE
<br />ANY OF THE EQUIPMENT WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR. No permitted
<br />assignment or sublease shall relieve Lessee of any of its obligations under the Lease and Lessee
<br />agrees to pay all costs and expenses Lessor may incur in connection with such sublease or
<br />assignment.
<br />b Lessee acknowledges and understands Lessor may assign to a successor, lender or purchaser
<br />("Assignee"), all or any part of Lessor's right, title and interest in and to the Lease and the
<br />Equipment arid Lessee consents to such assignment. In the event Lessor transfers or assigns, or
<br />retran.fers or reassigns, to an Assignee all or part of Lessor's interest in the Lease, the Equipment
<br />or any sums payable under the Lease, whether as collateral security for loans or advances made
<br />or to be made to Lessor by such Assignee or otherwise, Lessee shall consent to and acknowledge
<br />In writing, upon receipt of notice of assignment, such assignment of the Lease by Lesson
<br />provided, that any such consent and/or acknowledgement shall not in any manner increase or
<br />change the rights, obligations, duties or legal position of lessee. Lessor warrants that any
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