Common use of Loss of or Damage to Equipment Clause in Contracts

Loss of or Damage to Equipment. (a) Lessee shall bear the entire risk of loss, theft, destruction, disappearance of or damage to any and all Items of Equipment ("Loss or Damage") from any cause whatsoever during the Term hereof until the Equipment is returned to Lessor in accordance with Section 13 hereof. No Loss or Damage shall relieve Lessee of the obligation to pay Rent or of any other obligation under this Lease. (b) In the event of Loss or Damage to any Item of Equipment, Lessee, at the option of Lessor, shall within thirty (30) days following such Loss or Damage: (1) place such Item of Equipment in good condition and repair, in accordance with the terms hereof; (2) replace such Item of Equipment with replacement equipment (acceptable to Lessor) in as good condition and repair, and with the same value, remaining useful economic life and utility, as such replaced Item of Equipment immediately preceding the Loss or Damage (assuming that such replaced Item of Equipment is the condition required by this Lease), which replacement equipment shall be free and clear of all Liens; or (3) pay to Lessor the sum of (i) all Rent due and owing hereunder with respect to such Item of Equipment (at the time of such payment) plus (ii) the Stipulated Loss Value as of the Rent Payment Date next following the date of such Loss or Damage with respect to such Item of Equipment, as set forth on the Schedule applicable thereto. Upon Lessor's receipt of the payment required under subsection (3) above, Lessee shall be entitled to Lessor's interest in such Item of Equipment, in its then condition and location, "as is" and "where is", without any warranties, express or implied. If Lessee replaces the Item of Equipment pursuant to subsection (b) above, title to such replacement equipment shall immediately (and without further act) vest in Lessor and thereupon shall be deemed to constitute Items of Equipment and be fully subject to this Lease as if originally leased hereunder. If Lessee fails to either restore or replace the Item of Equipment pursuant to subsection (1) or (2) above, respectively, Lessee shall make the payment under subsection (3) above.

Loss of or Damage to Equipment. (a) Lessee hereby assumes and shall bear the entire risk of loss, theft, destruction, disappearance loss for destruction of or damage to the Equipment from any and all Items of Equipment ("Loss every cause whatsoever, whether or Damage") from any cause whatsoever during the Term hereof not insured, until the Equipment is returned to Lessor. No such loss or damage shall impair any obligation of Lessee under this Agreement, which shall continue in full force and effect. In event of damage to or theft, loss or destruction of the Equipment (or any item thereof), Lessee shall promptly notify Lessor in accordance writing of such fact and of all details with Section 13 hereof. No Loss or Damage shall relieve Lessee of the obligation to pay Rent or of any other obligation under this Lease. (b) In the event of Loss or Damage to any Item of Equipmentrespect thereto, Lesseeand shall, at the option of Lessor, shall within thirty (30) days following of such Loss or Damage: event, at Lessee’s option, (1a) place such Item of Equipment the same in good repair, condition and repairworking order, (b) at Lessee’s expense, dispose of any Equipment in accordance with Applicable Law, substitute such Equipment (or any item thereof) with equipment of equivalent or superior manufacture, make, model and features, unless this option is expressly prohibited in the terms hereof; (2) replace Lease related to such Item of Equipment with replacement equipment (acceptable to Lessor) Equipment, in as good repair, condition and repair, working order and with the same value, remaining useful economic life and utility, as transfer clear title to such replaced Item of Equipment immediately preceding the Loss or Damage (assuming that replacement property to Lessor whereupon such replaced Item of Equipment is the condition required by this Lease), which replacement equipment property shall be free subject to this Agreement and clear of all Liens; the applicable other Lease Documents and be deemed Equipment for purposes hereof and thereof, or (3c) pay Lessor an amount equal to Lessor the sum of (i) all Rent due and owing hereunder with respect accrued but unpaid to such Item of Equipment (at the time date of such payment) , plus (ii) the Stipulated Loss Value as then “Termination Value” of the Rent Payment Date next following Equipment as set forth in attachment #3 to each Lease (the date of “Termination Value”), whereupon such Loss or Damage Lease shall terminate, subject to Section 22, solely with respect to the Equipment (or any item thereof) for which such Item of Equipmentpayment is received by Lessor. Any insurance proceeds received with respect to the Equipment (or any item thereof) shall be applied, as set forth on in the Schedule applicable thereto. Upon Lessor's receipt event option (c) is elected, in reduction of the payment required under subsection (3) abovethen unpaid obligations, including the Termination Value, of Lessee shall be entitled to Lessor's interest in , if not already paid by Lessee, or, if already paid by Lessee, to reimburse Lessee for such Item of Equipmentpayment, or, in its then condition and location, "as is" and "where is", without any warranties, express the event option (a) or implied. If Lessee replaces the Item of Equipment pursuant to subsection (b) aboveis elected, title to reimburse Lessee for the costs of repairing, restoring or replacing the Equipment (or any item thereof) upon receipt by Lessor of evidence, satisfactory to Lessor, that such repair, restoration or replacement equipment shall immediately (has been completed, and without further act) vest in Lessor and thereupon shall be deemed to constitute Items of Equipment and be fully subject to this Lease as if originally leased hereunder. If Lessee fails to either restore or replace the Item of Equipment pursuant to subsection (1) or (2) above, respectively, Lessee shall make the payment under subsection (3) abovean invoice has been provided therefor.

Loss of or Damage to Equipment. (a) Lessee hereby assumes and shall bear the entire risk of loss, theft, destruction, disappearance loss for destruction of or damage to the Equipment from any and all Items of Equipment ("Loss every cause whatsoever, whether or Damage") from any cause whatsoever during the Term hereof not insured, until the Equipment is returned to Lessor. No such loss or damage shall impair any obligation of Lessee under this Agreement, which shall continue in full force and effect. In event of damage to or theft, loss or destruction of the Equipment (or any item thereof), Lessee shall promptly notify Lessor in accordance writing of such fact and of all details with Section 13 hereof. No Loss or Damage shall relieve Lessee respect thereto, and shall, within thirty days of such event, at Lessee’s option, (a) place the obligation to pay Rent or of any other obligation under this Lease. same in good repair, condition and working order, (b) In the event at Lessee’s expense, dispose of Loss or Damage to any Item of Equipment, Lessee, at the option of Lessor, shall within thirty (30) days following such Loss or Damage: (1) place such Item of Equipment in compliance with Applicable Law, substitute such Equipment (or any item thereof) with equipment of equivalent or superior manufacture, make, model and features, in good repair, condition and repair, in accordance with the terms hereof; (2) replace working order and transfer clear title to such Item of Equipment with replacement equipment (acceptable property to Lessor) in as good condition and repair, and with the same value, remaining useful economic life and utility, as Lessor whereupon such replaced Item of Equipment immediately preceding the Loss or Damage (assuming that such replaced Item of Equipment is the condition required by this Lease), which replacement equipment property shall be free subject to this Agreement and clear of all Liens; the applicable other Lease Documents and be deemed Equipment for purposes hereof and thereof, or (3c) pay Lessor an amount equal to Lessor the sum of (i) all Rent due and owing hereunder with respect accrued but unpaid to such Item of Equipment (at the time date of such payment) , plus (ii) the “Stipulated Loss Value as Value” of the Rent Payment Date next following Equipment as set forth in Exhibit A (the date of such “Stipulated Loss or Damage Value”), whereupon this Lease shall terminate, subject to Section 22, solely with respect to the Equipment (or any item thereof) for which such Item of Equipmentpayment is received by Lessor. Any insurance proceeds received with respect to the Equipment (or any item thereof) shall be applied, as set forth on in the Schedule applicable thereto. Upon Lessor's receipt event option (c) is elected, in reduction of the payment required under subsection (3) abovethen unpaid obligations, including the Stipulated Loss Value, of Lessee shall be entitled to Lessor's interest in , if not already paid by Lessee, or, if already paid by Lessee, to reimburse Lessee for such Item of Equipmentpayment, or, in its then condition and location, "as is" and "where is", without any warranties, express the event option (a) or implied. If Lessee replaces the Item of Equipment pursuant to subsection (b) aboveis elected, title to reimburse Lessee for the costs of repairing, restoring or replacing the Equipment (or any item thereof) upon receipt by Lessor of evidence, satisfactory to Lessor, that such repair, restoration or replacement equipment shall immediately (has been completed, and without further act) vest in Lessor and thereupon shall be deemed to constitute Items of Equipment and be fully subject to this Lease as if originally leased hereunder. If Lessee fails to either restore or replace the Item of Equipment pursuant to subsection (1) or (2) above, respectively, Lessee shall make the payment under subsection (3) abovean invoice has been provided therefor.

Loss of or Damage to Equipment. (a) Lessee hereby assumes and shall bear the entire risk of loss, theft, destruction, disappearance loss or theft or destruction of or damage to the Equipment from any and every cause whatsoever, whether or not insured, other than destruction or damage resulting from the bad faith, gross negligence or willful misconduct of Lessor, as determined pursuant to a final, non-appealable judgment or order of a court of competent jurisdiction. Lessee shall provide to Lessor written notice of any occurrence or event resulting in an Event of Loss (as defined below) or any occurrence or event, whether or not constituting an Event of Loss, resulting in damage to or theft, loss or destruction of any Equipment (or any item or part thereof) which in the aggregate, in the reasonable estimate of Lessee, is in excess than $10,000,000. Such notice shall contain all material details with respect thereto. In the case of any Event of Loss, Lessee shall at Lessee’s option (a) use commercially reasonable efforts to repair or rebuild, or otherwise to place the item or items of Equipment affected by the Event of Loss in good repair, condition and working order, (b) use commercially reasonable efforts to substitute such Equipment (or any item thereof) with equipment of equivalent or superior manufacture, in good repair, condition and working order and transfer such title to such replacement property, free and clear of any and all Items of Liens other than Lessor’s Liens, to Lessor, whereupon such property shall be subject to this Agreement and be deemed Equipment for purposes hereof ("Loss or Damage") from any cause whatsoever during the Term hereof until the Equipment is returned to Lessor in accordance with Section 13 hereof. No Loss or Damage shall relieve Lessee of the obligation to pay Rent or of any other obligation under this Lease. (b) In the event of Loss or Damage to any Item of Equipment, Lesseeand, at the option request of LessorLessee, title to the replaced property shall within thirty (30) days following such Loss or Damage: (1) place such Item of Equipment concurrently vest in good condition and repairLessee, in accordance with the terms hereof; (2) replace such Item of Equipment with replacement equipment (acceptable to Lessor) in as good condition and repair, and with the same value, remaining useful economic life and utility, as such replaced Item of Equipment immediately preceding the Loss or Damage (assuming that such replaced Item of Equipment is the condition required by this Lease), which replacement equipment shall be free and clear of all Liens; rights of Lessor and shall no longer be subject to this Agreement) or (3c) pay Lessor an amount equal to Lessor the sum of (i) all Rent due and owing hereunder with respect accrued but unpaid to such Item of Equipment (at the time date of such payment) , plus (ii) the “Stipulated Loss Value as Value” of the Rent Payment Date next following affected Equipment as set forth in Exhibit D attached hereto (the date “Stipulated Loss Value”), whereupon the lease of such Loss or Damage the Equipment hereunder shall terminate, subject to Section 19, solely with respect to the Equipment (or any item thereof) for which such Item payment is received by Lessor, and Lessor shall transfer title to such Equipment (which shall be whatever title Lessor had received from Lessee pursuant to the Xxxx of Equipment, Sale (as set forth on defined in the Schedule applicable theretoPurchase Agreement)) to Lessee without recourse or warranty other than the absence of any Lessor’s Liens. Upon Lessor's receipt In the event that within 365 days of the payment required under subsection (3) abovean Event of Loss, Lessee shall be entitled to Lessor's interest in such Item of Equipment, in its then condition and location, "as is" and "where is", without any warranties, express has not elected option (a) or implied. If Lessee replaces the Item of Equipment pursuant to subsection option (b) above, title to such replacement equipment shall immediately (and without further act) vest in Lessor and thereupon shall Lessee will be deemed to constitute Items have elected option (c), and within 60 days of such date, Lessee shall pay such amounts called for thereby. In the event that any insurance proceeds are received by the Lessor with respect to damage to or loss of any Equipment and (or any item thereof) that is to be fully subject repaired, replaced or restored pursuant to this Section 11, upon the reasonable request of the Lessee, Lessor shall, promptly after Lessee demonstrates to Lessor that Lessee has complied with the requirements of the first sentence of Section 11(c), remit such proceeds to the segregated bank account referred to in Section 11(c) so that Lessee can, upon providing to Lessor its notice as to the selection of option (a), (b) or (c) above, utilize such insurance proceeds for the purpose of repairing or replacing the affected items of the Equipment or paying the Stipulated Loss Value with respect thereto, as applicable. Upon providing such notice, Lessee shall have the right to access the funds in such bank account for the purposes of paying the costs of such repair, replacement or restoration without any consent of Lessor, unless a Lease Event of Default or an event that, with lapse of time or the giving of notice would mature into a Lease Event of Default if uncured, has occurred and is continuing (in which case Lessor alone shall have the right to direct the application of such funds). For the purposes of this Section 11, any insurance proceeds received with respect to the Equipment (or any item thereof) shall be applied, (x) in the event option (c) is elected, to payment of the then unpaid obligations of Lessee to Lessor hereunder, including the Stipulated Loss Value, to the extent not already paid by Lessee to Lessor, or, if already paid by Lessee to Lessor, to reimburse Lessee for such payment, or (y) in the event option (a) or (b) is elected, towards the payment of unpaid obligations of Lessee and/or to reimburse Lessee (or Lessee’s affiliates or such other persons as if originally leased hereunderindicated by Lessee, to the extent such affiliates or other persons have paid for the repair, restoration or replacement of the affected Equipment) related to the costs of repairing, restoring or replacing the affected Equipment (or any item thereof). If Lessee fails elects to either restore repair, rebuild or replace the Item of Equipment pursuant to subsection (1) or (2) above, respectivelyaffected Equipment, Lessee shall make use commercially reasonable efforts to effect such repair, rebuilding or replacement. At the payment under subsection (3) aboverequest of Lessor, Lessee shall promptly provide Lessor with evidence, which may include invoices for work or equipment, copies of contracts or purchase orders and engineering reports, and other such information reasonably requested by Lessor, of the progress or completion of such repair, restoration or replacement. To the extent that Lessor receives proceeds of insurance with respect to any damages, stolen or destroyed Equipment, and such proceeds are not applied pursuant to the foregoing, Lessor shall reasonably promptly remit such excess proceeds to Lessee.

Loss of or Damage to Equipment. (a) Lessee shall bear the entire risk of loss, theft, destruction, disappearance of or damage to any and all Items of Equipment ("Loss or Damage") from any cause whatsoever during the Term hereof until the Equipment is returned to Lessor in accordance with Section 13 hereof. No Loss or Damage shall relieve Lessee of the obligation to pay any Rent or of any other obligation under this Lease. (b) In the event of Loss or Damage to any Item of Equipment, Lessee, at the option of Lessor, shall within thirty (30) days following such Loss or Damage: (1) place such Item of Equipment in good condition and repair, in accordance with the terms hereof; (2) replace such Item of Equipment with replacement equipment (acceptable to Lessor) in as good condition and repair, and with the same value, remaining useful economic life and utility, as such replaced Item of Equipment immediately preceding the Loss or Damage (assuming that such replaced Item of Equipment is the condition required by this Lease), which replacement equipment shall be free and clear of all Liens; or (3) pay to Lessor the sum of (i) all Rent due and owing hereunder with respect to such Item of Equipment (at the time of such payment) plus (ii) the Stipulated Loss Value as of the Rent Payment Date next following the date of such Loss or Damage with respect to such Item of Equipment, as set forth on the Schedule applicable thereto. Upon Lessor's receipt of the payment required under subsection (3) above, Lessee shall be entitled to Lessor's interest in such Item of Equipment, in its then condition and location, "as is" and "where is", without any warranties, express or implied. If Lessee replaces the Item of Equipment pursuant to subsection (b) above, title to such replacement equipment shall immediately (and without further act) vest in Lessor and thereupon shall be deemed to constitute Items of Equipment and be fully subject to this Lease as if originally leased hereunder. If Lessee fails to either restore or replace the Item of Equipment pursuant to subsection (1) or (2) above, respectively, Lessee shall make the payment under subsection (3) above.

Loss of or Damage to Equipment. (a) INSURANCE: Lessee shall bear be responsible for and hereby assumes the entire risk of lossthe Equipment being lost, theftdamaged, destructiondestroyed, disappearance stolen or otherwise rendered unfit or unavailable for use from the date of its shipment to Lessee until the date of return to and receipt therefor by FMA. If any item of Equipment is lost, damaged, destroyed, stolen or otherwise rendered unfit or unavailable for use, Lessee shall give FMA immediate notice thereof and the Lease to which such Equipment is subject shall continue in full force and effect without any abatement in the Monthly Rent applicable to such item of Equipment. Lessee shall determine, and notify FMA, within 15 days after the date of the occurrence of any damage to any and all Items item of Equipment ("Loss or Damage") from any cause whatsoever during the Term hereof until the Equipment is returned to Lessor in accordance with Section 13 hereofwhether such item can be repaired. No Loss or Damage shall relieve Lessee of the obligation to pay Rent or of any other obligation under this Lease. (b) In the event Lessee determines that such item of Loss or Damage to any Item of EquipmentEquipment can be repaired, Lessee, at the option of Lessorits expense, shall within thirty (30) days following cause such Loss or Damage: (1) place such Item of Equipment in good condition and repair, in accordance with the terms hereof; (2) replace such Item of Equipment with replacement equipment (acceptable item to Lessor) in as good condition and repair, and with the same value, remaining useful economic life and utility, as such replaced Item of Equipment immediately preceding the Loss or Damage (assuming that such replaced Item be promptly repaired. If an item of Equipment is lost, destroyed or stolen, or if Lessee determines that a damaged item of Equipment cannot be repaired, Lessee shall, at FMA's direction, within 30 days of such occurrence, either replace the condition required by this Lease)item with an identical item of Equipment, the title to which replacement equipment shall thereupon vest in FMA and which thereafter shall be free and clear considered the item of all Liens; or (3) Equipment subject to the related Schedule with no abatement in the Monthly Rent applicable thereto or, in FMA's sole discretion, pay to Lessor FMA an amount equal to the sum of (i) all unpaid Monthly Rent due and owing hereunder in respect of such item of Equipment through the end of the Minimum Term applicable thereto as set forth in the related Schedule (or the last day of any extended term then in effect with respect to such Item of Equipment (at the time of such paymentitem) plus and (ii) the Stipulated Loss Value as FMA's estimate of the Rent Payment Date next following the date fair market value of such Loss item of Equipment at the end of the Minimum Term applicable thereto as set forth in the related Schedule (or Damage at the end of any extended term then in effect with respect to such Item item). Upon such payment, Lessee's obligation to pay Monthly Rent for such item of EquipmentEquipment shall cease. Lessee shall cause the Equipment to be insured against loss or damage for not less than the Insurance value set forth in the related Schedule, and shall carry comprehensive general liability and property damage insurance covering the Equipment and its use. All such insurance shall be in form and amount and with companies approved by FMA and shall name FMA (or any Assignee, as set forth on hereinafter defined) as an additional insured, as its interest may appear. Lessee shall pay the Schedule applicable theretopremiums for such insurance and shall deliver said policies or duplicates thereof or certificates thereunder to FMA, together with endorsements thereon or independent instruments whereby each insurer agrees that it will give FMA a right to 30 days written notice before said policies can be altered or cancelled and the right to payment of premium without obligation. Upon Lessor's receipt The proceeds of such insurance, at the option of FMA, shall be applied (i) toward the replacement, restoration or repair of the payment required under subsection (3) above, Lessee shall be entitled to Lessor's interest in such Item of Equipment, in its then condition and location, "as is" and "where is", without any warranties, express or implied. If Lessee replaces the Item of Equipment pursuant to subsection (b) above, title to such replacement equipment shall immediately (and without further act) vest in Lessor and thereupon shall be deemed to constitute Items of Equipment and be fully subject to this Lease as if originally leased hereunder. If Lessee fails to either restore or replace the Item of Equipment pursuant to subsection (1) or (2ii) abovetoward payment of the obligations of Lessee under the Lessee to which such Equipment is subject. Lessee hereby appoints FMA as Lessee's attorney-in-fact to make claims for, respectivelyreceive payment of, Lessee shall make the payment and execute and endorse all documents, checks or drafts for, loss or damage under subsection (3) aboveany said insurance policies.

Loss of or Damage to Equipment. (a) INSURANCE: Lessee shall bear be responsible for and hereby assumes the entire risk of lossthe Equipment being lost, theftdamaged, destructiondestroyed, disappearance stolen or otherwise rendered unfit or unavailable for use from the date of its shipment to Lessee until the date of return to and receipt therefor by FMA. If any item of Equipment is lost, damaged, destroyed, stolen or otherwise rendered unfit or unavailable for use, Lessee shall give FMA immediate notice thereof and the Lease to which such Equipment is subject shall continue in full force and effect without any abatement in the Monthly Rent applicable to such item of Equipment. Lessee shall determine, and notify FMA, within 15 days after the date of the occurrence of xxxxx damage to any and all Items item of Equipment ("Loss or Damage") from any cause whatsoever during the Term hereof until the Equipment is returned to Lessor in accordance with Section 13 hereofwhether such item can be repaired. No Loss or Damage shall relieve Lessee of the obligation to pay Rent or of any other obligation under this Lease. (b) In the event Lessee determines that such item of Loss Equipment can be repaired, xxxxxxxx at its expense, shall cause such item to be promptly repaired. If an item of Equipment is lost, destroyed or Damage to any Item stolen, or if Lessee determines that a damaged item of Equipment cannot be repaired, Lessee shall, at FMA's direction, within 30 days of such occurrence, either replace the item with an identical item of Equipment, Lessee, at the option of Lessor, title to which shall within thirty (30) days following such Loss or Damage: (1) place such Item thereupon vest in FMA and which thereafter shall be considered the item of Equipment subject to the related Schedule with no abatement in good condition and repairthe Monthly Rent applicable thereto or, in accordance with the terms hereof; (2) replace such Item of Equipment with replacement equipment (acceptable to Lessor) in as good condition and repairFMA's sole discretion, and with the same value, remaining useful economic life and utility, as such replaced Item of Equipment immediately preceding the Loss or Damage (assuming that such replaced Item of Equipment is the condition required by this Lease), which replacement equipment shall be free and clear of all Liens; or (3) pay to Lessor FMA an amount equal to the sum of (i) all unpaid Monthly Rent due and owing hereunder in respect of such item of Equipment through the end of the Minimum Term applicable thereto as set forth in the related Schedule (or the last day of any extended term then in effect with respect to such Item of Equipment (at the time of such paymentitem) plus and (ii) the Stipulated Loss Value as FMA's estimate of the Rent Payment Date next following the date fair market value of such Loss item of Equipment at the end of the Minimum Term applicable thereto as set forth in the related Schedule (or Damage at the end of any extended term then in effect with respect to such Item item). Upon such payment, Lessee's obligation to pay Monthly Rent for such item of EquipmentEquipment shall cease. Lessee shall cause the Equipment to be insured against loss or damage for not less than the insurance value set forth in the related Schedule, and shall carry comprehensive general liability and property damage insurance covering the Equipment and its use. All such insurance shall be in form and amount and with companies approved by FMA and shall name FMA (or any Assignee, as set forth on hereinafter defined) as an additional insured, as its interest may appear. Lessee shall pay the Schedule applicable theretopremiums for such insurance and shall deliver said policies or duplicates thereof or certificates thereunder to FMA, together with endorsements thereon or independent instruments whereby each insurer agrees that it will give FMA a right to 30 days written notice before said policies can be altered or cancelled and the right to payment of premium without obligation. Upon Lessor's receipt The proceeds of such insurance, at the option of FMA, shall be applied (i) toward the replacement, restoration or repair of the payment required under subsection (3) above, Lessee shall be entitled to Lessor's interest in such Item of Equipment, in its then condition and location, "as is" and "where is", without any warranties, express or implied. If Lessee replaces the Item of Equipment pursuant to subsection (b) above, title to such replacement equipment shall immediately (and without further act) vest in Lessor and thereupon shall be deemed to constitute Items of Equipment and be fully subject to this Lease as if originally leased hereunder. If Lessee fails to either restore or replace the Item of Equipment pursuant to subsection (1) or (2ii) abovetoward payment of the obligations of Lessee under the Lease to which such Equipment is subject. Lessee hereby appoints FMA as Lessee's attorney-in-fact to make claims for, respectivelyreceive payment of, Lessee shall make the payment and execute and endorse all documents, checks or drafts for, loss or damage under subsection (3) aboveany said insurance policies.

Loss of or Damage to Equipment. (a) Lessee shall bear the entire risk of loss, theft, destruction, disappearance of or damage to any and all Items of Equipment ("Loss or Damage") from any cause whatsoever during the Term hereof until the Equipment is returned to Lessor in accordance with Section 13 hereof. No Loss or Damage shall relieve Lessee of the obligation to pay Rent or of any other obligation under this Lease. (b) In the event of Loss or Damage to any Item of Equipment, Lessee, at the option of Lessor, shall within thirty (30) days following such Loss or Damage: (1) place such Item of Equipment in good condition and repair, in accordance with the terms hereof; (2) replace such Item of Equipment with replacement equipment (acceptable to Lessor) in as good condition and repair, and with the same value, remaining useful economic life and utility, as such replaced Item of Equipment immediately preceding the Loss or Damage (assuming that such replaced Item of Equipment is the condition required by this Lease), which replacement equipment shall be free and clear dear of all Liens; or (3) pay to Lessor the sum of (i) all Rent due and owing hereunder with respect to such Item of Equipment (at the time of such payment) plus (ii) the Stipulated Loss Value as of the Rent Payment Date next following the date of such Loss or Damage with respect to such Item of Equipment, as set forth on the Schedule applicable thereto. Upon Lessor's Lessors receipt of the payment required under subsection (3) above, Lessee shall be entitled to Lessor's Lessors interest in such Item of Equipment, in its then condition and location, "as is" and "where is", without any warranties, express or implied. If Lessee replaces the Item of Equipment pursuant to subsection (b) above, title to such replacement equipment shall immediately (and without further act) vest in Lessor and thereupon shall be deemed to constitute MASTER EQUIPMENT LEASE AGREEMENT R94-100.996 5 Items of Equipment and be fully subject to this Lease as if originally leased hereunder. If Lessee fails to either restore or replace the Item of Equipment pursuant to subsection (1) or (2) above, respectively, Lessee shall make the payment under subsection (3) above.

Loss of or Damage to Equipment. (a) Lessee shall bear the entire risk of loss, theft, destruction, disappearance of or damage to any and all Items of Equipment ("Loss or Damage") from any cause whatsoever during the Term hereof until the Equipment is returned to Lessor in accordance with Section 13 hereof. No Loss or Damage shall relieve Lessee of the obligation to pay Rent or of any other obligation under this Lease. (b) In the event of Loss or Damage to any Item of Equipment, LesseeBorrower shall immediately notify KCL of same and, at the option of LessorKCL, as specified in a notice from KCL to Borrower, Borrower shall within thirty (30) days following such Loss or Damage: (1) place such Item of Equipment in good condition and repair, in accordance with the terms hereof; (2) replace such Item of Equipment with replacement equipment (acceptable to LessorKCL) in as good condition and repair, and with the same value, remaining useful economic life and utility, or better fair market value as such replaced Item of Equipment immediately preceding the Loss or Damage (assuming that such replaced Item of Equipment is was in the condition required by this LeaseAgreement), which replacement equipment shall immediately, and without further act, be deemed to constitute Items of Equipment and be fully subject to this Agreement as if originally pledged as Collateral hereunder and shall be free and clear of all Liens; or (3) pay to Lessor KCL any unpaid Installments and other charges due prior to the sum of (i) all Rent due and owing hereunder payment date specified in such notice plus an amount, with respect to an Item of Equipment, equal to the pro rata portion of the Installments attributable to such Item of Equipment (at under the time of Loan Documents after discounting such payment) plus (ii) the Stipulated Loss Value Installments to present worth as of the Rent Payment Date next following payment date specified in such notice on the basis of a per annum rate of discount equal to three percent (3%) from the respective dates upon which such Installments would have been paid but for the operation of this clause, together with interest on such amount at the Default Rate from the payment date specified in such notice to the date of such Loss or Damage with respect to such Item of Equipment, as set forth on the Schedule applicable theretoactual payment. Upon LessorKCL's receipt of the payment required under subsection clause (3) above, Lessee KCL shall be entitled to Lessor's release its security interest in such Item of Equipment, in its then condition and location, "as is" and "where is", without any warranties, express or implied. If Lessee Borrower replaces the Item of Equipment pursuant to subsection clause (b2) above, title to such replacement equipment shall immediately (and without further act) vest in Lessor and thereupon shall be deemed to constitute Items an Item of Equipment and be fully subject to this Lease Agreement and the security interest granted to KCL hereunder, as if originally leased pledged hereunder. If Lessee Borrower fails to either restore or replace the Item of Equipment pursuant to subsection clauses (1) or (2) above, respectively, Lessee Borrower shall make the payment under subsection clause (3) above.

Loss of or Damage to Equipment. (a) Lessee hereby assumes and shall bear the entire risk of loss, theft, destruction, disappearance loss for destruction of or damage to the Equipment from any and all Items of Equipment ("Loss every cause whatsoever, whether or Damage") from any cause whatsoever during the Term hereof not insured, until the Equipment is returned to Lessor. No such loss or damage shall impair any obligation of Lessee under this Agreement, which shall continue in full force and effect. In event of damage to or theft, loss or destruction of the Equipment (or any item thereof), Lessee shall promptly notify Lessor in accordance writing of such fact and of all details with Section 13 hereof. No Loss or Damage shall relieve Lessee of the obligation to pay Rent or of any other obligation under this Lease. (b) In the event of Loss or Damage to any Item of Equipmentrespect thereto, Lesseeand shall, at the option of Lessor, shall within thirty (30) days following of such Loss or Damage: event, at Lessee’s option, (1a) place such Item of Equipment the same in good repair, condition and repairworking order, (b) at Lessee’s expense, dispose of any Equipment in accordance with Applicable Law, substitute such Equipment (or any item thereof) with equipment of equivalent or superior manufacture, make, model and features, unless this option is expressly prohibited in the terms hereof; (2) replace Lease related to such Item of Equipment with replacement equipment (acceptable to Lessor) Equipment, in as good repair, condition and repair, working order and with the same value, remaining useful economic life and utility, as transfer clear title to such replaced Item of Equipment immediately preceding the Loss or Damage (assuming that replacement property to Lessor whereupon such replaced Item of Equipment is the condition required by this Lease), which replacement equipment property shall be free subject to this Agreement and clear of all Liens; the applicable other Lease Documents and be deemed Equipment for purposes hereof and thereof, or (3c) pay Lessor an amount equal to Lessor the sum of (i) all Rent due and owing hereunder with respect accrued but unpaid to such Item of Equipment (at the time date of such payment) , plus (ii) the Stipulated Loss Value as then “Termination Value” of the Rent Payment Date next following Equipment as set forth in attachment #3 to such Lease (the date of “Termination Value”), whereupon such Loss or Damage Lease shall terminate, subject to Section 22, solely with respect to the Equipment (or any item thereof) for which such Item of Equipmentpayment is received by Lessor. Any insurance proceeds received with respect to the Equipment (or any item thereof) shall be applied, as set forth on in the Schedule applicable thereto. Upon Lessor's receipt event option (c) is elected, in reduction of the payment required under subsection (3) abovethen unpaid obligations, including the Termination Value, of Lessee shall be entitled to Lessor's interest in , if not already paid by Lessee, or, if already paid by Lessee, to reimburse Lessee for such Item of Equipmentpayment, or, in its then condition and location, "as is" and "where is", without any warranties, express the event option (a) or implied. If Lessee replaces the Item of Equipment pursuant to subsection (b) aboveis elected, title to reimburse Lessee for the costs of repairing, restoring or replacing the Equipment (or any item thereof) upon receipt by Lessor of evidence, satisfactory to Lessor, that such repair, restoration or replacement equipment shall immediately (has been completed, and without further act) vest in Lessor and thereupon shall be deemed to constitute Items of Equipment and be fully subject to this Lease as if originally leased hereunder. If Lessee fails to either restore or replace the Item of Equipment pursuant to subsection (1) or (2) above, respectively, Lessee shall make the payment under subsection (3) abovean invoice has been provided therefor.

Loss of or Damage to Equipment. (a) INSURANCE: Lessee shall bear be responsible for and hereby assumes the entire risk of lossthe Equipment being lost, theftdamaged, destructiondestroyed, disappearance stolen or otherwise rendered unfit or unavailable for use from the date of its shipment to Lessee until the date of return to and receipt therefor by FMA. If any item of Equipment is lost, damaged, destroyed, stolen or otherwise rendered unfit or unavailable for use, Lessee shall give FMA immediate notice thereof and the Lease to which such Equipment is subject shall continue in full force and effect without any abatement in the Monthly Rent applicable to such item of Equipment. Lessee shall determine, and notify FMA, within 15 days after the date of the occurrence of any damage to any and all Items item of Equipment ("Loss or Damage") from any cause whatsoever during the Term hereof until the Equipment is returned to Lessor in accordance with Section 13 hereofwhether such item can be repaired. No Loss or Damage shall relieve Lessee of the obligation to pay Rent or of any other obligation under this Lease. (b) In the event Lessee determines that such item of Loss or Damage to any Item of EquipmentEquipment can be repaired, Lessee, at the option of Lessorits expense, shall within thirty (30) days following cause such Loss or Damage: (1) place such Item of Equipment in good condition and repair, in accordance with the terms hereof; (2) replace such Item of Equipment with replacement equipment (acceptable item to Lessor) in as good condition and repair, and with the same value, remaining useful economic life and utility, as such replaced Item of Equipment immediately preceding the Loss or Damage (assuming that such replaced Item be promptly repaired. If an item of Equipment is lost, destroyed or stolen, or if Lessee determines that a damaged item of Equipment cannot be repaired, Lessee shall, at FMA's direction, within 30 days of such occurrence, either replace the condition required by this Lease)item with an identical item of Equipment, the title to which replacement equipment shall thereupon vest in FMA and which thereafter shall be free and clear considered the item of all Liens; or (3) Equipment subject to the related Schedule with no abatement in the Monthly Rent applicable thereto or, in FMA's sole discretion, pay to Lessor FMA an amount equal to the sum of (i) all unpaid Monthly Rent due and owing hereunder in respect of such item of Equipment through the end of the Minimum Term applicable thereto as set forth in the related Schedule (or the last day of any extended term then in effect with respect to such Item of Equipment (at the time of such paymentitem) plus and (ii) the Stipulated Loss Value as FMA's estimate of the Rent Payment Date next following the date fair market value of such Loss item of Equipment at the end of the Minimum Term applicable thereto as set forth in the related Schedule (or Damage at the end of any extended term then in effect with respect to such Item item). Upon such payment, Lessee's obligation to pay Monthly Rent for such item of EquipmentEquipment shall cease. Lessee shall cause the Equipment to be insured against loss or damage for not less than the insurance value set forth in the related Schedule, and shall carry comprehensive general liability and property damage insurance covering the Equipment and its use. All such insurance shall be in form and amount and with companies approved by FMA and shall name FMA (or any Assignee, as set forth on hereinafter defined) as an additional insured, as its interest may appear. Lessee shall pay the Schedule applicable theretopremiums for such insurance and shall deliver said policies or duplicates thereof or certificates thereunder to FMA, together with endorsements thereon or independent instruments whereby each insurer agrees that it will give FMA a right to 30 days written notice before said policies can be altered or cancelled and the right to payment of premium without obligation. Upon Lessor's receipt The proceeds of such insurance, at the option of FMA, shall be applied (i) toward the replacement, restoration or repair of the payment required under subsection (3) above, Lessee shall be entitled to Lessor's interest in such Item of Equipment, in its then condition and location, "as is" and "where is", without any warranties, express or implied. If Lessee replaces the Item of Equipment pursuant to subsection (b) above, title to such replacement equipment shall immediately (and without further act) vest in Lessor and thereupon shall be deemed to constitute Items of Equipment and be fully subject to this Lease as if originally leased hereunder. If Lessee fails to either restore or replace the Item of Equipment pursuant to subsection (1) or (2ii) abovetoward payment of the obligations of Lessee under the Lease to which such Equipment is subject. Lessee hereby appoints FMA as Lessee's attorney-in-fact to make claims for, respectivelyreceive payment of, Lessee shall make the payment and execute and endorse all documents, checks or drafts for, loss or damage under subsection (3) aboveany said insurance policies.

Loss of or Damage to Equipment. (a) Lessee hereby assumes and shall bear the entire risk of loss, theft, destruction, disappearance loss for destruction of or damage to the Equipment from any and all Items of Equipment ("Loss every cause whatsoever, whether or Damage") from any cause whatsoever during the Term hereof not insured, until the Equipment is returned to Lessor. No such loss or damage shall impair any obligation of Lessee under this Agreement, which shall continue in full force and effect. In event of damage to or theft, loss or destruction of the Equipment (or any item thereof), Lessee shall promptly notify Lessor in accordance writing of such fact and of all details with Section 13 hereof. No Loss or Damage shall relieve Lessee of the obligation to pay Rent or of any other obligation under this Lease. (b) In the event of Loss or Damage to any Item of Equipmentrespect thereto, Lesseeand shall, at the option of Lessor, shall within thirty (30) days following of such Loss or Damage: event, at Lessee's option, (1a) place such Item of Equipment the same in good repair, condition and repairworking order, (b) at Lessee's expense, dispose of any Equipment in accordance with Applicable Law, substitute such Equipment (or any item thereof) with equipment of equivalent or superior manufacture, make, model and features, unless this option is expressly prohibited in the terms hereof; (2) replace Lease related to such Item of Equipment with replacement equipment (acceptable to Lessor) Equipment, in as good repair, condition and repair, working order and with the same value, remaining useful economic life and utility, as transfer clear title to such replaced Item of Equipment immediately preceding the Loss or Damage (assuming that replacement property to Lessor whereupon such replaced Item of Equipment is the condition required by this Lease), which replacement equipment property shall be free subject to this Agreement and clear of all Liens; the applicable other Lease Documents and be deemed Equipment for purposes hereof and thereof, or (3c) pay Lessor an amount equal to Lessor the sum of (i) all Rent due and owing hereunder with respect accrued but unpaid to such Item of Equipment (at the time date of such payment) , plus (ii) the Stipulated Loss Value as then "Termination Value" of the Rent Payment Date next following Equipment as set forth in attachment #3 to each Lease (the date of "Termination Value"), whereupon such Loss or Damage Lease shall terminate, subject to Section 22, solely with respect to the Equipment (or any item thereof) for which such Item of Equipmentpayment is received by Lessor. Any insurance proceeds received with respect to the Equipment (or any item thereof) shall be applied, as set forth on in the Schedule applicable thereto. Upon Lessor's receipt event option (c) is elected, in reduction of the payment required under subsection (3) abovethen unpaid obligations, including the Termination Value, of Lessee shall be entitled to Lessor's interest in , if not already paid by Lessee, or, if already paid by Lessee, to reimburse Lessee for such Item of Equipmentpayment, or, in its then condition and location, "as is" and "where is", without any warranties, express the event option (a) or implied. If Lessee replaces the Item of Equipment pursuant to subsection (b) aboveis elected, title to reimburse Lessee for the costs of repairing, restoring or replacing the Equipment (or any item thereof) upon receipt by Lessor of evidence, satisfactory to Lessor, that such repair, restoration or replacement equipment shall immediately (has been completed, and without further act) vest in Lessor and thereupon shall be deemed to constitute Items of Equipment and be fully subject to this Lease as if originally leased hereunder. If Lessee fails to either restore or replace the Item of Equipment pursuant to subsection (1) or (2) above, respectively, Lessee shall make the payment under subsection (3) abovean invoice has been provided therefor.