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Equipment (as described and identified on the Exhibit B attached to the MOU) and shall enter into an addendum to this Equipment Lease Agreement in Year 2 and Year 3, respectively, to subject such additional Equipment to the terms and conditions herein. J. As a material inducement for Lessor to enter into this Lease upon the terms provided herein, and in connection with that certain MOU, Lessee has agreed to complete the Project resulting in a capital investment amount of $57,000,000 by and through the year 2025, as referenced in the MOU, and to create the number of jobs of the types and wage ranges also referenced in the MOU, upon the terms and subject to the conditions set forth herein and in the MOU. K. In connection with the foregoing, Lessee now desires to lease the Equipment from Lessor, and Lessor now desires to lease the Equipment to Lessee, upon the terms and subject to the conditions set forth in this Lease. AGREEMENT NOW THEREFORE, in consideration of the foregoing, the mutual covenants and agreements set forth in this Lease and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as follows: 1. Lease of Equipment. Subject to the terms and conditions of this Lease, Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, the equipment in each year as described on the attached Schedule A (collectively, the "Equipment"). As used in this Lease, the term "Equipment" refers to all items and/or units of Equipment collectively and to each item or unit of Equipment individually, as the context requires, and includes any and all Additions (as defined below) and any amendments, modifications and additions to Schedule A to which the parties may agree from time to time. 2. Term. The term of this Lease (the "Initial Term") shall commence on the date on which each yearly component of Equipment is delivered to Lessee (the "Commencement Date"). The Initial Term shall end on the date that is ten (10) years after the Commencement Date. The parties may, but are not obligated to, renew this Lease beyond the Initial Term (each a "Renewal Term"). Any such renewal shall be evidenced in a writing signed by both parties at least one hundred eighty (180) days before the expiration of the Initial Term. The Initial Term together with any Renewal Term(s) shall hereinafter be referred to as the "Term". 3. Inspection and Acceptance. Lessee shall have a period of forty-five (45) calendar days from the date of delivery of the Equipment(the "Inspection Period") to (i)inspect the Equipment to ensure it is in good condition and repair and (ii)notify Lessor, in writing, that the Equipment is not in good condition and repair, in which case Lessor shall have a period of twenty-one (21) days from the date of such notice to cure the same or otherwise provide (or cause the manufacturer to provide) Lessee with Equipment that is in good condition and repair. If Lessee does not notify Lessor in writing during the Inspection Period that any of the Equipment is not in good condition and repair, then Lessee shall be deemed to have inspected, be satisfied with and accepted the Equipment in such good condition and repair. - 2 -