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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, <br /> provided, however, that if additional equipment of the same or like kind as the Equipment is <br /> purchased by the Lessee and installed in parallel to the leased Equipment, such additional <br /> equipment shall at all times remain the property of the Lessee and not subject to the terms of this <br /> Lease. All of the Equipment shall remain personal property (even if any or all of the Equipment <br /> is hereafter attached or affixed to realty). At any time during the Term, upon the written request <br /> of Lessor, Lessee will promptly affix to any item or unit of Equipment, in a prominent place, or <br /> as directed by Lessor, labels or other markings supplied by Lessor indicating Lessor's ownership <br /> of the Equipment. To the extent that under the provisions of the Indiana Uniform Commercial <br /> Code, as amended, this Lease shall be considered to be a secured transaction, Lessee hereby <br /> grants to Lessor a purchase money security interest in the Equipment and all Additions. Lessor, <br /> in the exercise of its sole discretion may file any Uniform Commercial Code financing <br /> statements with respect to the Equipment and the lease transaction(s) evidenced by this Lease. <br /> Lessee hereby authorizes Lessor to file such financing and continuation statements, <br /> amendments and supplements thereto, and other documents which Lessor may from time to <br /> time deem necessary to perfect, preserve and protect its right, title and interests in or to the <br /> Equipment and all Additions. Lessee agrees, at Lessee's expense, to execute promptly and <br /> deliver any statement or instrument reasonably requested by Lessor for the purpose of showing <br /> or protecting Lessor's interest in the Equipment, including, without limitation, security <br /> agreements and waivers with respect to rights in the Equipment from any owners or mortgagees <br /> of any real estate wherein the Equipment and all Additions may be located. In the event Lessee <br /> fails or refuses to execute any such document, Lessee hereby irrevocably authorizes Lessor and <br /> any officer of Lessor as its attorney-in-fact, to prepare and execute any such document in <br /> 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 />