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(a) Rental Payments. Lessee agrees to pay to Lessor, during the Initial Term, as rent for the
<br /> Equipment, the total sum of One Dollar ($1.00) per year, payable on the Commencement Date
<br /> and each anniversary of the Commencement Date thereafter(the "Annual Rental Payment"). The
<br /> Annual Rental Payment and any other amounts due under this Lease by Lessee to Lessor shall be
<br /> paid without relief from valuation and appraisement laws.
<br /> (b) Late Payments. If the Annual Rental Payment or any other amount owed under this Lease
<br /> is not paid to and received by Lessor within three (3) business days after the date such payment
<br /> is due, then in addition to all amounts payable by Lessee as a result of Lessor's exercise of any
<br /> remedies provided in this Lease, Lessee shall immediately pay to Lessor a late payment charge
<br /> equal to the greater of one and one-half percent (1.5%) of all outstanding amounts due or the
<br /> maximum amount allowed by applicable law ("Late Payment Charge"). The Late Payment
<br /> Charge shall accumulate and be reapplied each month that any amount due under this Lease
<br /> remains due,outstanding and unpaid by Lessee.
<br /> 5. Delivery and Installation. Lessee at its expense will pay for transportation, packing,
<br /> taxes, duties, insurance, installation, testing and other charges in connection with the delivery,
<br /> installation, use and return of the Equipment. Shipping terms shall be free on board shipping
<br /> point and, as such, risk of loss shall pass from Lessor to Lessee when the Equipment is delivered
<br /> to the shipment courier for delivery to Lessee.
<br /> 6. Title and Identification. This Lease is a true lease and does not convey to Lessee
<br /> any right, title, or interest in the Equipment, except as a lessee. Title to the Equipment shall
<br /> remain with Lessor at all times. All replacement parts and non-severable 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 of
<br /> 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.
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