Common use of Further Representations and Warranties Clause in Contracts

Further Representations and Warranties. Lessee represents and warrants to Lessor as of the date hereof as follows: (a) All representations and warranties of Lessee contained in the Lease Agreement are true and correct as of the date hereof and as of the Acceptance Date. (b) There has been no material adverse change in the operations, business, properties or condition (financial or otherwise) (“Material Adverse Change”) of Lessee or any Guarantor since June 30, 2005. There is not pending against Lessee any litigation, proceeding, dispute or claim that is reasonably likely to result in a Material Adverse Change as to Lessee or that may adversely impair Lessee’s legal or other ability to enter into and perform its obligations under this Lease. (c) The operation and maintenance of any Unit in the ordinary course by Lessee do not require the entry into any software or other intellectual property rights agreement with any licensor or other person, except for standard, generally commercially available, “off-the-shelf” third-party software or as disclosed to Lessor in writing prior to the Acceptance Date.

Further Representations and Warranties. Lessee represents and warrants to Lessor as of the date hereof as follows: (a) All representations and warranties of Lessee contained in Section 9 and Section 13(b) of the Lease Agreement are true and correct as of the date hereof and as of the Acceptance Date. (b) There has been no material adverse change in the operations, business, properties or condition (financial or otherwise) (“Material Adverse Change”) of Lessee or any of the Guarantor since June 30, 20052006. There is not pending against Lessee any litigation, proceeding, dispute or claim that is reasonably likely to result in a Material Adverse Change as to Lessee or that may adversely impair Lessee’s legal or other ability to enter into and perform its obligations under this Lease. (c) The operation and maintenance of any Unit in the ordinary course by Lessee do not require the entry into any software or other intellectual property rights agreement with any licensor or other person, except for standard, generally commercially available, “off-the-shelf” third-party software or as disclosed to Lessor in writing prior to the Acceptance Date.

Further Representations and Warranties. Lessee represents and warrants to Lessor as of the date hereof as follows: (a) All representations and warranties of Lessee contained in the Lease Agreement are true and correct as of the date hereof and as of the Acceptance Date. (b) There has been no material adverse change in the operations, business, properties or condition (financial or otherwise) (“Material Adverse Change”) of Lessee or any Guarantor since June 30, 2005. There is not pending against Lessee any litigation, proceeding, dispute or claim that is reasonably likely to result in a Material Adverse Change as to Lessee or that may adversely impair Lessee’s legal or other ability to enter into and perform its obligations under this Lease. (c) The the operation and maintenance of any Unit in the ordinary course by Lessee do not require the entry into any software or other intellectual property rights agreement with any licensor or other person, except for standard, generally commercially available, available “off-the-shelf” third-party software or as is disclosed to Lessor in writing prior to the Acceptance Date.

Further Representations and Warranties. Lessee represents and warrants to Lessor as of the date hereof as follows: (a) All representations and warranties of Lessee contained in the Lease Agreement are true and correct as of the date hereof and as of the Acceptance Date. (b) There has been no material adverse change in the operations, business, properties or condition (financial or otherwise) (“Material Adverse Change”) of Lessee or any Guarantor since June 30, 2005. There is not pending against Lessee any litigation, proceeding, dispute or claim that is reasonably likely to result in a Material Adverse Change as to Lessee or that may adversely impair Lessee’s legal or other ability to enter into and perform its obligations under this Lease. (c) The operation and maintenance of any Unit in the ordinary course by Lessee do not require the entry into any software or other intellectual property rights agreement with any licensor or other person, except for standard, generally commercially available, “off-the-shelf” third-party software or as disclosed to Lessor in writing prior to the Acceptance Date.

Further Representations and Warranties. Lessee represents and warrants to Lessor as of the date hereof as follows: (a) All representations and warranties of Lessee contained in the Lease Agreement are fire true and correct connect as of the date hereof and as of the Acceptance Date. (b) There has been no material adverse change in the operations, business, properties or condition (financial or otherwise) (“Material Adverse Change”) of Lessee or any Guarantor since June 30, 2005. There is not pending against Lessee any litigation, proceeding, dispute or claim that is reasonably likely to result in In a Material Adverse Change as to Lessee or that may adversely impair Impair Lessee’s legal or other ability to enter into and perform its obligations under this Lease. (c) The operation and maintenance of any Unit in the ordinary course by Lessee do not require the entry into any software or other intellectual property rights agreement with any licensor or other person, except for standard, generally commercially available, “off-the-shelf” third-party software or as disclosed to Lessor in writing prior to the Acceptance Date.