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Late Payment Charge shall accumulate and be reapplied each month that any <br /> amount due under this Lease remains due, outstanding and unpaid by Lessee. <br /> 5. Delivery and Installation. Lessee at its expense will pay for transportation, <br /> packing, taxes, duties, insurance, installation, testing and other charges in connection with the <br /> delivery, installation, use and return of the Equipment. Shipping terms shall be free on board <br /> shipping point and, as such, risk of loss shall pass from Lessor to Lessee when the Equipment is <br /> delivered to the shipment courier for delivery to Lessee. <br /> 6. Title and Identification. This Lease is a true lease and does not convey to <br /> Lessee any right, title, or interest in the Equipment, except as a lessee. Title to the Equipment <br /> shall remain with Lessor at all times. All replacement parts and nonseverable additions, <br /> attachments, accessories, modifications and repairs of or to the Equipment (collectively, <br /> "Additions") shall be deemed part of the Equipment and shall thereupon belong to Lessor. All <br /> of the Equipment shall remain personal property(even if any or all of the Equipment is hereafter <br /> attached or affixed to realty). At any time during the Term, upon the written request of Lessor, <br /> Lessee will promptly affix to any item or unit of Equipment, in a prominent place, or as directed <br /> by Lessor, labels or other markings supplied by Lessor indicating Lessor's ownership of the <br /> Equipment. To the extent that under the provisions of the Indiana Uniform Commercial Code, as <br /> amended, this Lease shall be considered to be a secured transaction, Lessee hereby grants to <br /> Lessor a purchase money security interest in the Equipment and all Additions. Lessor, in the <br /> exercise of its sole discretion and at Lessee's expense, may file any Uniform Commercial Code <br /> financing statements with respect to the Equipment and the lease transaction(s) evidenced by this <br /> Lease. Lessee hereby authorizes Lessor to file, at Lessee's expense, such financing and <br /> continuation statements, amendments and supplements thereto, and other documents which <br /> Lessor may from time to time deem necessary to perfect, preserve and protect its right, title and <br /> interests in or to the Equipment and all Additions. Lessee agrees, at Lessee's expense, to execute <br /> promptly and deliver any statement or instrument reasonably requested by Lessor for the purpose <br /> of showing or protecting Lessor's interest in the Equipment, including, without limitation, <br /> security agreements and waivers with respect to rights in the Equipment from any owners or <br /> mortgagees of any real estate wherein the Equipment and all Additions may be located. In the <br /> event Lessee fails or refuses to execute any such document, Lessee hereby irrevocably authorizes <br /> Lessor and any officer of Lessor as its attorney-in-fact, to prepare and execute any such <br /> document in the name of and on behalf of Lessee, at Lessee's expense. <br /> 7. Disclaimer of Warranties and Limitation on Damages. LESSOR MAKES NO <br /> WARRANTIES OTHER THAN THOSE SET OUT IN THIS LEASE. NO WARRANTIES <br /> (OTHER THAN WARRANTY OF TITLE ,AS PROVIDED BY THE UNIFORM <br /> COMMERCIAL CODE) SHALL BE IMPLIED OR OTHERWISE CREATED AT LAW OR IN <br /> EQUITY, INCLUDING, BUT NOT LIMITED TO, WARRANTY OF MERCHANTABILITY <br /> AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. AUTHORIZATION <br /> FROM LESSOR IS REQUIRED PRIOR TO THE PERFORMANCE OF ANY <br /> MANUFACTURER WARRANTY WORK PERFORMED ON THE EQUIPMENT. LESSOR <br /> RESERVES THE RIGHT TO MODIFY, ALTER AND IMPROVE ANY PART OR PARTS OF <br /> THE EQUIPMENT WITHOUT INCURRING ANY OBLIGATION TO REPLACE ANY <br /> PARTS OR PARTS PREVIOUSLY SUPPLIED. NO DEFECT, REGARDLESS THE CAUSE <br /> OR CONSEQUENCE, SHALL RELIEVE LESSEE FROM PERFORMANCE UNDER THIS <br /> - 3 - <br />