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2. Term of Agreement. The Term of this Agreement ( "Term ") shall commence as of the closing date of the Contract ( "Closing Date ") and continue until the seventh (7a') anniversary of the Closing Date. On the seventh (7a') anniversary of the Closing Date, Company shall have the option to purchase the Generator for one dollar ($1.00) subject to compliance by the Commission of all requirements of Indiana law for the disposition of Property. 3. Use, Operation and Management Responsibilities. During the term, the Company shall have the exclusive use of the Generator subject to its sole obligation under this Use Agreement to, including but not limited to, operational and maintenance responsibilities. Any structural modifications which are necessary shall be the sole responsibility of Company. 4. Commission Cooperation on Warranty Claims. The Commission shall have no repair or maintenance responsibilities for the Generator, but shall cooperate with Company to submit claims based upon any warranties which are provided by the manufacturer or any contractor or subcontractor who installs the Generator. 5. Compliance with Applicable Laws, Ordinances, or Repair of Damage. In the use of the Generator, the Company shall not permit the violation of any applicable laws or ordinances or permit the Generator to be damaged by its use. Any damage caused by the use of the Generator (other than that due to defects or design flaws) shall be promptly repaired by the Company at its sole expense in an acceptable, workmanlike manner, and in compliance with all of the applicable zoning, fire code, building and health department statutes; ordinances, rules, and regulations. 6. Insurance. The Company shall insure against loss to the Generator, and in the event of a catastrophic failure or destruction of the Generator, will utilize the proceeds of insurance to restore its use. 2