iubricants and supplies necessary forth proper operation of the Equipment while in Lessee's
<br />Possession. If requested by Lessee, Lessor shall advise Lessee of applicable operating and
<br />maintenance specifications and practices recommended by the manufacturer of the Equipment.
<br />e. THE LEASE CANNOT BE CANCELLED EXCEPT AS EXPRESSLY PROVIDED HEREIN OR, WITH RESPECT
<br />TO ANY PARTICULAR ITEM, AS EXPRESSLY PROVIDED IN -rHE SCHEDULE APPLICABLE THERETO,
<br />.The term_of the Lease with respect to any Item (the "Lease Term'') as hereinafter used, shall
<br />commence on the Acceptance Date for such Item and shall expire at 11:59 p.m., St. Louis, MO
<br />time, on the last day of the last month of the earlier of (i) the Expiration Date (as defined in the
<br />applicable Schedule), (ii) the date such Lease earlier terminates in accordance with its terms, or
<br />(iii) the date on which all of the Equipment is returned to and accepted by Lessor as set forth in
<br />such applicable Schedule.
<br />g. The base term of the Lease (the "Base Term") for an Item shall be the number of full months as
<br />specified in the Schedule applicable to such Item. If the Acceptance Date for any Item shall fall on
<br />any day other than the first day of a calendar month, the Base Term for such Item shall
<br />commence on the first day of the following calendar month and Lessee shall pay to Lessor, in
<br />addition to the Lease Payments payable during the Base Term, an amount equal to one -thirtieth
<br />of the Lease Payment for such Item, multiplied by the number of days from and including the
<br />Acceptance Date for such Item, to and including the day before the Base Term for such Item
<br />begins. If the Acceptance Date for an Item is the first day of a month, the Acceptance Date and
<br />the commencement of the Base Term shall be deemed to occur on the same day and no proration
<br />of lease Payments shall occur prior to the commencement of the Base Term for such Item.
<br />i. A Schedule may be terminated as of the last day of the last month of its Base Term or any renewal
<br />term, by written notice to be received by Lessor or Lessee not less than thirty (30) days prior to
<br />such termination date designated in such notice. If the Schedule is not so terminated at the end
<br />of the Base Term or any renewal term, as applicable, the Lease and the Lease Payments shall
<br />continue to be due and payable by Lessee until the Schedule is so terminated by giving the
<br />requisite thirty (30) day notice. Any notice of termination may not be revoked without the
<br />written consent of the other party.
<br />2. LEASE PAYMENT AND TAXES.
<br />Lessee shall pay Lessor rent (each payment a "Lease Payment," and collectively, the "Lease
<br />Payments") for each Item at such time as indicated in the applicable Schedule for such Item (the
<br />"Payment Date'"). Lease Payments shall be payable in advance unless otherwise indicated In the
<br />applicable Schedule. Lease Payments shall be made to Lessor at Lessor's address herein, or as
<br />otherwise directed to Lessee in writing by Lessor, without notice or demand. Lessee's agreement
<br />to pay all amounts due under the Lease, including but not limited to Lease Payments, is absolute
<br />and unconditional and such agreement is for the benefit of Lessor, its successors and assigns.
<br />LESSEE'S OBLIGATIONS SHALL NOT BE SUBJECT TO ANY ABATEMENT, DEFERMENT, REDUCTION,
<br />SETOFF, DEFENSE, COUNTERCLAIM, OR RECOUPMENT FOR ANY REASON WHATSOEVER, Except
<br />as may be otherwise expressly provided in the Lease, the Lease and/or any Schedule shall not
<br />terminate, nor shall the obligations of Lessee be affected, by reason of any defect In or damage
<br />to, or any loss, destruction of, or obsolescence of, the Equipment or any portion thereof from any
<br />cause whatsoever, or the Interference with Its use by any private person, corporation or
<br />governmental authority, or as a result of any war, riot, or Act of God. It is the express intention of
<br />Lessor and Lessee that all Lease Payments and other sums payable by Lessee under the Lease
<br />shall be, arid continue to be, payable in all events throughout the term of the Lease. The Lease
<br />shall be binding capon Lessee and its successors and assigns and shall inure to the benefit of Lessor
<br />
|