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07-24-14 Redevelopment Commission Meeting
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execute any such document, Lessee hereby irrevocably authorizes Lessor and any officer of <br /> Lessor as its attorney-in-fact, to prepare and execute any such document in the name of and on <br /> 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 /> LEASE, INCLUDING, WITHOUT LIMITATION, ITS OBLIGATION TO MAKE THE <br /> RENTAL PAYMENT. LESSOR, OR THE PRODUCT MANUFACTURER, AS THE CASE <br /> MAY BE UNDER ANY EXISTING WARRANTY, IN ITS OR THEIR REASONABLE <br /> DISCRETION, WILL DETERMINE WHETHER A PART NEEDS TO BE REPAIRED OR <br /> REPLACED. LESSOR SHALL NOT BE LIABLE TO LESSEE HEREUNDER UNDER ANY <br /> CIRCUMSTANCE FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INDIRECT <br /> DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR <br /> OPPORTUNITIES. <br /> 8. Care, Maintenance, and Use of the Equipment. Lessee shall not permit the Equipment to <br /> be used or operated in violation of any applicable law, rule or regulation. Lessee, at its sole cost <br /> and expense, shall keep the Equipment in good operating order, repair and condition and shall <br /> perform or cause to be performed all maintenance and repairs to the Equipment, as and when <br /> required, all in strict accordance with the written specifications for such Equipment. Lessee <br /> agrees that any service, maintenance or repairs which Lessee causes to be undertaken or <br /> performed with respect to the Equipment shall be performed only by competent persons to <br /> service or repair the Equipment. Lessee shall keep the Equipment only at the locations identified <br /> in the attached Schedule A (the "Equipment Locations"), and shall not remove items of the <br /> Equipment from the Equipment Locations to which it is designated in Schedule A (or any other <br /> place as may subsequently be permitted by the written consent of Lessor) without the express <br /> written consent of Lessor, which consent shall not be unreasonably withheld. Under no <br /> circumstance shall any item of the Equipment be relocated outside of city limits of South Bend, <br /> Indiana or the Facilities. Lessor shall have the right during Lessee's normal business hours and <br /> upon no less than twenty-four (24) hours prior notice and subject to applicable laws and <br /> regulations, to enter Lessee's premises where the Equipment is located in order to inspect, <br /> observe, affix labels or other markings, to confirm that the Equipment's use and condition are in <br /> compliance with the terms of this Lease,and to otherwise protect Lessor's interest therein. <br /> 9. Option to Purchase Equipment. Subject to the provisions of Sections 10 and 11 below <br /> and Section 3.02 and Section 3.03 of the MOU, Lessee shall have the option, but not the <br /> -4 - <br />
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