Common use of Disclaimer of Warranties and Waiver of Defenses Clause in Contracts

Disclaimer of Warranties and Waiver of Defenses. (a) NO WARRANTIES BY LESSOR. NEITHER BEING THE MANUFACTURER. NOR A SUPPLIER, NOR A DEALER IN THE EQUIPMENT. MAKES NO WARRANTY. EXPRESS OR IMPLIED. TO ANYONE. AS TO FITNESS FOR A PARTICULAR PURPOSE. MERCHANTABILITY, DESIGN, CONDITION, CAPACITY. PERFORMANCE OR ANY OTHER ASPECT OF THE EQUIPMENT OR ITS MATERIAL OR WORKMANSHIP. LESSOR FURTHER DISCLAIMS ANY LIABILITY FOR LOSS. DAMAGE OR INJURY TO LESSEE OR THIRD PARTIES AS A RESULT OF ANY DEFECTS. LATENT OR OTHERWISE. IN THE EQUIPMENT WHETHER ARISING FROM LESSOR'S NEGLIGENCE OR APPLICATION OF THE LAWS OF STRICT LIABILITY. AS TO LESSOR. LESSEE LEASES THE EQUIPMENT 'AS IS', LESSEE HAS SELECTED THE SUPPLIER OF THE EQUIPMENT AND ACKNOWLEDGES THAT LESSOR HAS NOT RECOMMENDED SUPPLIER. LESSOR SHALL HAVE NO OBLIGATION TO INSTALL. MAINTAIN. ERECT. TEST. ADJUST OR SERVICE THE EQUIPMENT. LESSEE AGREES TO INSTALL, MAINTAIN AND SERVICE THE EQUIPMENT OR CAUSE THE SAME TO BE PERFORMED BY QUALIFIED THIRD PARTIES. IF THE EQUIPMENT IS UNSATISFACTORY FOR ANY REASON, LESSEE SHALL MAKE CLAIM ON ACCOUNT THEREOF SOLELY AGAINST SUPPLIER. AND ANY OF SUPPLIER'S VENDORS. AND SHALL NEVERTHELESS PAY LESSOR ALL RENT PAYABLE UNDER THE LEASE. (b) LESSOR HEREBY ASSIGNS TO LESSEE. SOLELY FOR THE PURPOSE OF PROELUTING SUCH A CLAIM. ALL OF: THE RIGHTS WHICH LESSOR MAY HAVE AGAINST SUPPLIER AND SUPPLIERS VENDORS FOR BREACH OF WARRANTY OR OTHER REPRESENTATIONS RES- PECTING THE EQUIPMENT. (C) LESSEE ACKNOWLEDGES LESSOR'S INTENT TO ASSIGN THIS LEASE ANO/OR THE ~LNTALS DUE HEREUNDER AND LESSEE AGREES THAT NO ASSIGNEE OF LESSOR SHALL BE BOUND TO PERFORM ANY OUTY. COVENANT OR CONDITION OR WARRANTY Accepted in Florida: (D) REGARDLESS OF CAUSE. LESSEE WILL NOT ASSERT ANY CLAIM WHATSOEVER AGAI ST LESSOR FOR LOSS OF ANTICIPATORY PROFITS OR ANY OTHER INDIRECT. SPECIAL ORCONSEQUENTIAL DAMAGES. NOR SHALL LESSOR BE RESPONSIBLE FOR ANY DAMAGES OR COSTS Which MAY BE ASSESSED AGAINST LESSEE IN ANY ACTION FOR INFR INGEMENT OF: ANY UNITED STATES LETTERS PATENT. LESSOR MAKES NO WARRANTY AS TO THE TREATMENT OF THIS LEASE. FOR TAX OR ACCOUNTING PURPOSES. (e) Notwithstanding any fees which may be d by Lessor to Supplier or any agent of Supplier. Lessee understands and agrees J:I neither Supplier nor any agent of Supplier is an agent of Lessor or is authorized to waive or after any term or condition of this lease.

Disclaimer of Warranties and Waiver of Defenses. (a) NO WARRANTIES BY LESSOR. , NEITHER BEING THE MANUFACTURER. , NOR A SUPPLIER, NOR A DEALER IN THE EQUIPMENT. , MAKES NO WARRANTY. , EXPRESS OR IMPLIED. , TO ANYONE. , AS TO FITNESS FOR A PARTICULAR PURPOSE. MERCHANTABILITY, DESIGN, CONDITION, CAPACITY. , PERFORMANCE OR ANY OTHER ASPECT OF THE EQUIPMENT OR ITS MATERIAL OR WORKMANSHIP. LESSOR ALSO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR USE OR PURPOSE WHETHER ARISING BY OPERATION OF LAW OR OTHERWISE. LESSOR FURTHER DISCLAIMS ANY LIABILITY FOR LOSS. , DAMAGE OR INJURY TO LESSEE OR THIRD PARTIES AS A RESULT OF ANY DEFECTS. , LATENT OR OTHERWISE. , IN THE EQUIPMENT WHETHER ARISING FROM LESSOR'S NEGLIGENCE OR THE APPLICATION OF THE LAWS OF STRICT LIABILITYLIABILITY OR OTHERWISE. AS TO THE LESSOR. , LESSEE LEASES THE EQUIPMENT '"AS IS', ." LESSEE ACKNOWLEDGES THAT LESSEE HAS SELECTED THE SUPPLIER OF THE EQUIPMENT AND ACKNOWLEDGES THAT LESSOR HAS NOT RECOMMENDED SUPPLIER. LESSOR SHALL HAVE NO OBLIGATION TO INSTALL. , MAINTAIN. , ERECT. , TEST. , ADJUST OR SERVICE THE EQUIPMENT. LESSEE AGREES TO INSTALL, MAINTAIN AND SERVICE THE EQUIPMENT OR CAUSE THE SAME TO BE PERFORMED BY QUALIFIED THIRD PARTIES. IF THE EQUIPMENT IS UNSATISFACTORY FOR ANY REASON, LESSEE SHALL MAKE CLAIM ON ACCOUNT THEREOF SOLELY AGAINST SUPPLIER. AND ANY OF SUPPLIER'S VENDORS. AND SHALL NEVERTHELESS PAY LESSOR ALL RENT PAYABLE UNDER THE LEASE. (b) LESSOR HEREBY ASSIGNS TO LESSEE. SOLELY FOR THE PURPOSE OF PROELUTING SUCH A CLAIM. ALL OF: THE RIGHTS WHICH LESSOR MAY HAVE AGAINST SUPPLIER AND SUPPLIERS VENDORS FOR BREACH OF WARRANTY OR OTHER REPRESENTATIONS RES- PECTING THE EQUIPMENT. (C) LESSEE ACKNOWLEDGES LESSOR'S INTENT TO ASSIGN THIS LEASE ANO/OR THE ~LNTALS DUE HEREUNDER AND LESSEE AGREES THAT NO ASSIGNEE OF LESSOR SHALL BE BOUND TO PERFORM ANY OUTY. COVENANT OR CONDITION OR WARRANTY Accepted in Florida: (D) REGARDLESS OF CAUSE. , LESSEE WILL AGREES NOT TO ASSERT ANY CLAIM WHATSOEVER AGAI ST AGAINST LESSOR FOR LOSS OF ANTICIPATORY PROFITS OR ANY OTHER INDIRECT. , SPECIAL ORCONSEQUENTIAL OR CONSEQUENTIAL DAMAGES. , NOR SHALL LESSOR BE RESPONSIBLE FOR ANY DAMAGES OR COSTS Which WHICH MAY BE ASSESSED AGAINST LESSEE IN ANY ACTION FOR INFR INGEMENT OF: INFRINGEMENT OF ANY UNITED STATES LETTERS PATENT. LESSOR MAKES NO WARRANTY AS TO THE TREATMENT OF THIS LEASE. LEASE FOR TAX OR ACCOUNTING PURPOSES. (e) Notwithstanding LESSEE HEREBY WAIVES AND RELEASES LESSOR FROM AND AGAINST ANY AND ALL CLAIMS AND DEFENSES WHICH LESSEE MAY HAVE AGAINST LESSOR ARISING AS A RESULT OF ANY USE, INSTALLATION OR ACTION TAKEN BY LESSEE, OR ANY LIENS, CLAIMS OR ENCUMBRANCES GRANTED BY LESSEE, WITH RESPECT TO THE EQUIPMENT. If the Equipment is unsatisfactory for any fees which may be d by Lessor to reason, Lessee shall make claim on account thereof solely against the manufacturer, the Supplier or any agent dealer and shall nevertheless pay Lessor all rent and other charges payable under the Lease. Lessor hereby assigns to Lessee, any rights which Lessor may have against the Supplier, the manufacturer or any dealer for breach of Supplierwarranty or other representations respecting the Equipment. Lessee understands and agrees J:I that neither Supplier the Manufacturer, the Supplier, any dealer nor any agent of Supplier the foregoing is an agent of Lessor or is authorized to waive or after alter any term or condition of this leaseLease.

Disclaimer of Warranties and Waiver of Defenses. (a) NO WARRANTIES BY LESSOR. , NEITHER BEING THE MANUFACTURER. , NOR A SUPPLIER, NOR A DEALER IN THE EQUIPMENT. , MAKES NO WARRANTY. , EXPRESS OR IMPLIED. , TO ANYONE. , AS TO FITNESS FOR A PARTICULAR PURPOSE. MERCHANTABILITY, DESIGN, CONDITION, CAPACITY. , PERFORMANCE OR ANY OTHER ASPECT OF THE EQUIPMENT OR ITS MATERIAL OR WORKMANSHIP. LESSOR XXXXXX ALSO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR USE OR PURPOSE WHETHER ARISING BY OPERATION OF LAW OR OTHERWISE. XXXXXX FURTHER DISCLAIMS ANY LIABILITY FOR LOSS. , DAMAGE OR INJURY TO LESSEE OR THIRD PARTIES AS A RESULT OF ANY DEFECTS. , LATENT OR OTHERWISE. , IN THE EQUIPMENT WHETHER ARISING FROM LESSOR'S NEGLIGENCE OR THE APPLICATION OF THE LAWS OF STRICT LIABILITYLIABILITY OR OTHERWISE. AS TO THE LESSOR. LESSEE , XXXXXX LEASES THE EQUIPMENT '"AS IS', LESSEE ". XXXXXX ACKNOWLEDGES THAT XXXXXX HAS SELECTED THE SUPPLIER OF THE EQUIPMENT AND ACKNOWLEDGES THAT LESSOR XXXXXX HAS NOT RECOMMENDED SUPPLIER. LESSOR SHALL HAVE NO OBLIGATION TO INSTALL. , MAINTAIN. , ERECT. , TEST. , ADJUST OR SERVICE THE EQUIPMENT. LESSEE AGREES TO INSTALL, MAINTAIN AND SERVICE THE EQUIPMENT OR CAUSE THE SAME TO BE PERFORMED BY QUALIFIED THIRD PARTIES. IF THE EQUIPMENT IS UNSATISFACTORY FOR ANY REASON, LESSEE SHALL MAKE CLAIM ON ACCOUNT THEREOF SOLELY AGAINST SUPPLIER. AND ANY OF SUPPLIER'S VENDORS. AND SHALL NEVERTHELESS PAY LESSOR ALL RENT PAYABLE UNDER THE LEASE. (b) LESSOR HEREBY ASSIGNS TO LESSEE. SOLELY FOR THE PURPOSE OF PROELUTING SUCH A CLAIM. ALL OF: THE RIGHTS WHICH LESSOR MAY HAVE AGAINST SUPPLIER AND SUPPLIERS VENDORS FOR BREACH OF WARRANTY OR OTHER REPRESENTATIONS RES- PECTING THE EQUIPMENT. (C) LESSEE ACKNOWLEDGES LESSOR'S INTENT TO ASSIGN THIS LEASE ANO/OR THE ~LNTALS DUE HEREUNDER AND LESSEE AGREES THAT NO ASSIGNEE OF LESSOR SHALL BE BOUND TO PERFORM ANY OUTY. COVENANT OR CONDITION OR WARRANTY Accepted in Florida: (D) REGARDLESS OF CAUSE. LESSEE WILL , XXXXXX AGREES NOT TO ASSERT ANY CLAIM WHATSOEVER AGAI ST AGAINST LESSOR FOR LOSS OF ANTICIPATORY PROFITS OR ANY OTHER INDIRECT. , SPECIAL ORCONSEQUENTIAL OR CONSEQUENTIAL DAMAGES. , NOR SHALL LESSOR BE RESPONSIBLE FOR ANY DAMAGES OR COSTS Which WHICH MAY BE ASSESSED AGAINST LESSEE IN ANY ACTION FOR INFR INGEMENT OF: INFRINGEMENT OF ANY UNITED STATES LETTERS PATENT. LESSOR XXXXXX MAKES NO WARRANTY AS TO THE TREATMENT OF THIS LEASE. LEASE FOR TAX OR ACCOUNTING PURPOSES. (e) Notwithstanding If the Equipment is unsatisfactory for any fees which may be d by Lessor to reason, Lessee shall make claim on account thereof solely against the manufacturer, the Supplier or any agent of Supplier. Lessee understands dealer and agrees J:I neither Supplier nor any agent of Supplier is an agent of shall nevertheless pay Lessor or is authorized to waive or after any term or condition of this lease.all rent and other charges payable under the

Disclaimer of Warranties and Waiver of Defenses. (a) NO WARRANTIES BY LESSOR. , NEITHER BEING THE MANUFACTURER. MANUFACTURER NOR A SUPPLIER, NOR A DEALER IN THE EQUIPMENT. , NOR AN AGENT OF THE MANUFACTURER, SUPPLIER OR DEALER, MAKES NO WARRANTY. , DIRECT OR INDIRECT, EXPRESS OR IMPLIED. TO ANYONE. , AS TO FITNESS FOR A PARTICULAR PURPOSE. MERCHANTABILITYFITNESS, DESIGN, CONDITION, CAPACITY. PERFORMANCE , PERFORMANCE, SUITABILITY OR ANY OTHER ASPECT OF THE EQUIPMENT OR ITS MATERIAL OR WORKMANSHIP, LESSOR DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR USE OR PURPOSE WHETHER ARISING BY OPERATION OF LAW OR OTHERWISE. LESSOR FURTHER DISCLAIMS ANY LIABILITY FOR LOSS. , DAMAGE OR INJURY TO LESSEE OR THIRD PARTIES AS A RESULT OF ANY DEFECTS. , LATENT OR OTHERWISE. , IN THE EQUIPMENT WHETHER ARISING FROM LESSOR'S NEGLIGENCE OR THE APPLICATION OF THE LAWS OF STRICT LIABILITY. AS TO LESSORLIABILITY OR OTHERWISE. LESSEE LEASES THE EQUIPMENT 'FROM LESSOR “AS-IS” AND THEREFORE ALL OF THE RISKS ASSOCIATED WITH LEASING THE EQUIPMENT ARE, AS IS'BETWEEN LESSOR AND LESSEE, TO BE BORNE BY LESSEE AT ITS SOLE COST AND EXPENSE. LESSEE HAS SELECTED THE EQUIPMENT AND THE SUPPLIER OF THE EQUIPMENT AND ACKNOWLEDGES THAT LESSOR HAS NOT RECOMMENDED SUPPLIERTHE EQUIPMENT OR THE SUPPLIER OF THE EQUIPMENT. LESSOR SHALL HAVE NO OBLIGATION LIABILITY FOR SPECIFIC PERFORMANCE BY THE SUPPLIER OR FOR ANY LOSS OR DAMAGE DUE TO DELAYS IN DELIVERY OR SUPPLIER’S FAILURE TO FULFILL THEIR ORDER OR ANY PART OF THE ORDER, OR THE SUPPLIER’S FAILURE TO INSTALL. , MAINTAIN. , ERECT. , TEST. , ADJUST OR SERVICE THE EQUIPMENT. LESSEE AGREES TO INSTALLEQUIPMENT ALL OF WHICH ARE, MAINTAIN AS BETWEEN LESSOR AND SERVICE THE EQUIPMENT OR CAUSE THE SAME LESSEE, TO BE PERFORMED BORNE SOLELY BY QUALIFIED THIRD PARTIES. IF THE EQUIPMENT IS UNSATISFACTORY FOR ANY REASON, LESSEE SHALL MAKE CLAIM ON ACCOUNT THEREOF SOLELY AGAINST SUPPLIER. AND ANY OF SUPPLIER'S VENDORS. AND SHALL NEVERTHELESS PAY LESSOR ALL RENT PAYABLE UNDER THE LEASE. (b) LESSOR HEREBY ASSIGNS TO LESSEE. SOLELY FOR THE PURPOSE OF PROELUTING SUCH A CLAIM. ALL OF: THE RIGHTS WHICH LESSOR MAY HAVE AGAINST SUPPLIER AND SUPPLIERS VENDORS FOR BREACH OF WARRANTY OR OTHER REPRESENTATIONS RES- PECTING THE EQUIPMENT. (C) LESSEE ACKNOWLEDGES LESSOR'S INTENT TO ASSIGN THIS LEASE ANO/OR THE ~LNTALS DUE HEREUNDER AND LESSEE AGREES THAT NO ASSIGNEE OF LESSOR SHALL BE BOUND TO PERFORM ANY OUTY. COVENANT OR CONDITION OR WARRANTY Accepted in Florida: (D) REGARDLESS OF CAUSE. , LESSEE WILL NOT ASSERT ANY CLAIM WHATSOEVER AGAI ST AGAINST LESSOR FOR LOSS OF ANTICIPATORY ANTICIPATED PROFITS OR ANY OTHER INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ALL OF WHICH ARE, AS BETWEEN LESSOR AND LESSEE, TO BE BORNE SOLELY BY LESSEE. SPECIAL ORCONSEQUENTIAL DAMAGES. NOR LESSOR SHALL LESSOR NOT BE RESPONSIBLE FOR ANY DAMAGES OR COSTS Which WHICH MAY BE ASSESSED AGAINST LESSEE IN ANY ACTION FOR INFR INGEMENT OF: INFRINGEMENT OR UNDER ANY UNITED STATES LETTERS PATENTPATENT ALL OF WHICH ARE, AS BETWEEN LESSOR AND LESSEE, TO BE BORNE SOLELY BY LESSEE. LESSOR MAKES NO WARRANTY AS TO THE TREATMENT OF THIS LEASE. LEASE FOR TAX OR ACCOUNTING PURPOSES. (e) Notwithstanding any fees which may be d by Lessor to Supplier or any agent of Supplier. Lessee understands and agrees J:I neither Supplier nor any agent of Supplier is an agent of Lessor or is authorized to waive or after any term or condition of this lease.

Disclaimer of Warranties and Waiver of Defenses. (a) NO WARRANTIES BY LESSOR. , NEITHER BEING THE MANUFACTURER. , NOR A SUPPLIER, NOR A DEALER IN THE EQUIPMENT. , MAKES NO WARRANTY. , EXPRESS OR IMPLIED. , TO ANYONE. , AS TO FITNESS FOR A PARTICULAR PURPOSE. MERCHANTABILITY, DESIGN, CONDITION, CAPACITY. , PERFORMANCE OR ANY OTHER ASPECT OF THE EQUIPMENT OR ITS MATERIAL OR WORKMANSHIP. LESSOR XXXXXX ALSO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR USE OR PURPOSE WHETHER ARISING BY OPERATION OF LAW OR OTHERWISE. XXXXXX FURTHER DISCLAIMS ANY LIABILITY FOR LOSS. , DAMAGE OR INJURY TO LESSEE OR THIRD PARTIES AS A RESULT OF ANY DEFECTS. , LATENT OR OTHERWISE. , IN THE EQUIPMENT WHETHER ARISING FROM LESSOR'S NEGLIGENCE OR THE APPLICATION OF THE LAWS OF STRICT LIABILITYLIABILITY OR OTHERWISE. AS TO THE LESSOR. LESSEE , XXXXXX LEASES THE EQUIPMENT '"AS IS', LESSEE ". XXXXXX ACKNOWLEDGES THAT XXXXXX HAS SELECTED THE SUPPLIER OF THE EQUIPMENT AND ACKNOWLEDGES THAT LESSOR XXXXXX HAS NOT RECOMMENDED SUPPLIER. LESSOR SHALL HAVE NO OBLIGATION TO INSTALL. , MAINTAIN. , ERECT. , TEST. , ADJUST OR SERVICE THE EQUIPMENT. LESSEE AGREES TO INSTALL, MAINTAIN AND SERVICE THE EQUIPMENT OR CAUSE THE SAME TO BE PERFORMED BY QUALIFIED THIRD PARTIES. IF THE EQUIPMENT IS UNSATISFACTORY FOR ANY REASON, LESSEE SHALL MAKE CLAIM ON ACCOUNT THEREOF SOLELY AGAINST SUPPLIER. AND ANY OF SUPPLIER'S VENDORS. AND SHALL NEVERTHELESS PAY LESSOR ALL RENT PAYABLE UNDER THE LEASE. (b) LESSOR HEREBY ASSIGNS TO LESSEE. SOLELY FOR THE PURPOSE OF PROELUTING SUCH A CLAIM. ALL OF: THE RIGHTS WHICH LESSOR MAY HAVE AGAINST SUPPLIER AND SUPPLIERS VENDORS FOR BREACH OF WARRANTY OR OTHER REPRESENTATIONS RES- PECTING THE EQUIPMENT. (C) LESSEE ACKNOWLEDGES LESSOR'S INTENT TO ASSIGN THIS LEASE ANO/OR THE ~LNTALS DUE HEREUNDER AND LESSEE AGREES THAT NO ASSIGNEE OF LESSOR SHALL BE BOUND TO PERFORM ANY OUTY. COVENANT OR CONDITION OR WARRANTY Accepted in Florida: (D) REGARDLESS OF CAUSE. LESSEE WILL , XXXXXX AGREES NOT TO ASSERT ANY CLAIM WHATSOEVER AGAI ST AGAINST LESSOR FOR LOSS OF ANTICIPATORY PROFITS OR ANY OTHER INDIRECT. , SPECIAL ORCONSEQUENTIAL OR CONSEQUENTIAL DAMAGES. , NOR SHALL LESSOR BE RESPONSIBLE FOR ANY DAMAGES OR COSTS Which WHICH MAY BE ASSESSED AGAINST LESSEE IN ANY ACTION FOR INFR INGEMENT OF: INFRINGEMENT OF ANY UNITED STATES LETTERS PATENT. LESSOR XXXXXX MAKES NO WARRANTY AS TO THE TREATMENT OF THIS LEASE. LEASE FOR TAX OR ACCOUNTING PURPOSES. (e) Notwithstanding If the Equipment is unsatisfactory for any fees which may be d by Lessor to reason, Lessee shall EXHIBIT 10.36 make claim on account thereof solely against the manufacturer, the Supplier or any agent dealer and shall nevertheless pay Lessor all rent and other charges payable under the Lease. Lessor hereby assigns to Lessee, any rights which Lessor may have against the Supplier, the manufacturer or any dealer for breach of Supplierwarranty or other representations respecting the Equipment. Lessee Xxxxxx understands and agrees J:I that neither Supplier the Manufacturer, the Supplier, any dealer nor any agent of Supplier the foregoing is an agent of Lessor or is authorized to waive or after alter any term or condition of this leaseLease.