Common use of Use, operation and maintenance Clause in Contracts

Use, operation and maintenance. Lessee shall use the Equipment in the manner for which it was designed and intended, solely for Lessee's business purposes, in accordance with all manufacturer manuals and instructions and in compliance with all applicable laws, regulations and orders. Lessee, at Lessee's own cost and expense, shall keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted, and shall furnish all parts, mechanisms, devices and servicing required therefor and necessary to comply with all applicable health and safety standards. The Equipment, upon return to Lessor, shall be in such condition as to qualify for a maintenance agreement with the manufacturer or such other party as may be acceptable to Lessor, if such agreement is customarily available, without additional cost to Lessor, but nothing contained herein shall require the Lessee to modify or upgrade the equipment. All replacement parts and repairs at any time made to or placed upon the Equipment shall become the property of Lessor. Lessee may, with Lessor's prior written consent, which shall not be unreasonably withheld, make such alterations, modifications or additions to the Equipment as Lessee may deem desirable in the conduct of its business; provided the same shall not diminish the value or utility of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof, and shall be readily removable without causing damage to the Equipment. Upon return to Lessor the Equipment as to which such alterations, modifications or additions have been made, Lessee, if requested to do so by Lessor, shall remove the same and restore the Equipment to its original condition, reasonable wear and tear only being excepted, and, if not so removed, title thereto shall automatically vest in Lessor. Lessor acknowledges that any data files or software developed or installed by Lessee which is resident on the equipment shall be and remain the property of Lessee; provided however that the Lessor shall have no obligation or responsibility to remove or return same to Lessee. Upon receipt of the Equipment, Lessor agrees to give Lessee reasonable access to the Equipment for the purpose of allowing Lessee an opportunity to remove any data files or software developed or installed by Lessee which is resident on the Equipment. Any failure or unreasonable delay on the part of Lessee in accomplishing such removal shall not reduce any of Lessor's rights herein. LESSEE SHALL KEEP THE EQUIPMENT FREE AND CLEAR FROM ALL LIENS, CHARGES, ENCUMBRANCES, LEGAL PROCESS AND CLAIMS. LESSEE SHALL NOT ASSIGN, SUBLET, HYPOTHECATE, SELL, TRANSFER OR PART WITH POSSESSION OF THE EQUIPMENT OR ANY INTEREST IN THIS LEASE, AND ANY ATTEMPT TO DO SO SHALL BE NULL AND VOID AND SHALL CONSTITUTE A DEFAULT HEREUNDER. LESSEE SHALL NOT MOVE THE EQUIPMENT FROM THE LOCATION NOTED IN THE SCHEDULES WITHOUT THE PRIOR WRITTEN NOTICE TO LESSOR FIVE DAYS IN ADVANCE OF THE MOVE. NEITHER THIS LEASE NOR ANY INTEREST IN THE EQUIPMENT IS ASSIGNABLE OR TRANSFERABLE BY LESSEE BY OPERATION OF LAW. LESSEE AGREES NOT TO WAIVE ITS RIGHT TO USE AND POSSESS THE EQUIPMENT IN FAVOR OF ANY PARTY OTHER THAN LESSOR AND FURTHER AGREES NOT TO ABANDON THE EQUIPMENT TO ANY PARTY OTHER THAN LESSOR. SO LONG AS LESSEE FAITHFULLY PERFORMS AND MEETS EACH AND EVERY MATERIAL TERM AND CONDITION TO BE PERFORMED OR MET BY LESSEE UNDER THIS LEASE, LESSEE'S QUIET AND PEACEFUL POSSESSION OF THE EQUIPMENT WILL NOT BE DISTURBED BY LESSOR OR ANYONE CLAIMING BY, THROUGH OR ON BEHALF OF LESSOR.

Use, operation and maintenance. Lessee Obligor shall use the Equipment in Licensed Software In the manner for which it was designed and intended, solely for Lessee's Obligor’s business purposes, in accordance with all manufacturer developer manuals and instructions and in compliance with all applicable laws, regulations and orders. LesseeObligor, at Lessee's Obligor’s own cost and expense, shall keep the Equipment in Licensed Software In good repair, condition and working order, ordinary wear and tear excepted, and shall furnish and perform all partsmandatory service, mechanismsmaintenance, upgrades and devices and servicing required therefor by the provider of the Licensed Software and necessary to comply with all applicable health and safety industry standards. The Equipment, upon return to Lessor, shall be in such condition as to qualify for a maintenance agreement with the manufacturer or such other party as may be acceptable to Lessor, if such agreement is customarily available, without additional cost to Lessor, but nothing contained herein shall require the Lessee to modify or upgrade the equipment. All replacement parts upgrades and repairs improvements at any time made to or placed upon the Equipment Licensed Software shall become security for the property of LessorPayee. Lessee may, with Lessor's prior written consent, which shall not be unreasonably withheld, Obligor may make such alterations, modifications or additions improvements to the Equipment Licensed Software as Lessee Obligor may reasonably deem desirable in the conduct of its business; provided the same shall not diminish the value or utility of the EquipmentLicensed Software, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof, and shall be readily removable without causing damage to the Equipment. Upon return to Lessor the Equipment as to which such alterations, modifications or additions have been made, Lessee, if requested to do so by Lessor, shall remove the same and restore the Equipment to its original condition, reasonable wear and tear only being excepted, and, if not so removed, title thereto shall automatically vest in Lessor. Lessor Payee acknowledges that any data files or software developed or installed by Lessee which is resident on the equipment shall be and remain the property of Lessee; provided however that the Lessor shall have no obligation or responsibility to remove or return same to LesseeObligor. Upon receipt of the Equipment, Lessor agrees to give Lessee reasonable access to the Equipment for the purpose of allowing Lessee an opportunity to remove any data files or software developed or installed by Lessee which is resident on the Equipment. Any failure or unreasonable delay on the part of Lessee in accomplishing such removal shall not reduce any of Lessor's rights herein. LESSEE OBLIGOR SHALL KEEP THE EQUIPMENT LICENSED SOFTWARE FREE AND CLEAR FROM ALL LIENS, CHARGES, ENCUMBRANCES, LEGAL PROCESS AND CLAIMS. LESSEE OBLIGOR SHALL NOT ASSIGN, SUBLET, HYPOTHECATE, SELL, TRANSFER OR PART WITH POSSESSION OF THE EQUIPMENT LICENSED SOFTWARE OR ANY INTEREST IN THIS LEASEA SCHEDULE, AND ANY ATTEMPT TO DO SO SHALL BE NULL AND VOID AND SHALL CONSTITUTE A DEFAULT HEREUNDER. LESSEE SHALL NOT MOVE THE EQUIPMENT FROM THE LOCATION NOTED IN THE SCHEDULES WITHOUT THE PRIOR WRITTEN NOTICE TO LESSOR FIVE DAYS IN ADVANCE OF THE MOVE. NEITHER THIS LEASE MASTER IPA, NOR ANY SCHEDULE, NOR ANY INTEREST IN THE EQUIPMENT LICENSED SOFTWARE IS ASSIGNABLE OR TRANSFERABLE BY LESSEE OBLIGOR BY OPERATION OF LAW. LESSEE OBLIGOR AGREES NOT TO WAIVE ITS RIGHT TO USE AND POSSESS THE EQUIPMENT LICENSED SOFTWARE IN FAVOR OF ANY PARTY OTHER THAN LESSOR PAYEE AND FURTHER AGREES NOT TO ABANDON THE EQUIPMENT LICENSED SOFTWARE TO ANY PARTY OTHER THAN LESSORPAYEE. SO LONG AS LESSEE OBLIGOR FAITHFULLY PERFORMS AND MEETS EACH AND EVERY MATERIAL TERM AND CONDITION TO BE PERFORMED OR MET BY LESSEE OBLIGOR UNDER THIS LEASEMASTER IPA, LESSEE'S OBLIGOR’S QUIET AND PEACEFUL POSSESSION OF THE EQUIPMENT LICENSED SOFTWARE WILL NOT BE DISTURBED BY LESSOR PAYEE OR ANYONE CLAIMING BY, THROUGH OR ON BEHALF OF LESSORPAYEE.

Use, operation and maintenance. (a) Lessee shall use the Equipment in the manner for which it was designed and intended, solely for Lessee's ’s business purposes, substantially in accordance with all manufacturer manuals and instructions and in compliance with Applicable Law. As used herein, “Applicable Law” means all applicable laws, regulations statutes, regulations, ordinances, orders and ordersother requirements of any governmental authority (including such requirements necessary to ensure that the Equipment qualifies for all tax benefits and environmental attributes, in each case, to the extent available by law to the owner of the Equipment as of the date of this Agreement). Lessee, at Lessee's ’s own cost and expense, shall install a fuel cell energy production monitoring system to monitor the energy production of the Equipment, and such monitoring system shall be acceptable to the Lessor and provide Lessor with real-time access to such monitoring system’s data. Any such monitoring systems installed by Lessee shall be deemed part of the Equipment and shall become property of Lessor. Lessee, at Lessee’s own cost and expense, shall keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted, sufficient to perform according to the requirements of this Agreement and each Project Document, and shall furnish or otherwise obtain all parts, mechanisms, devices and servicing required therefor in the ordinary course. Lessee shall also make, at Lessee’s own cost and necessary expense, all modifications to the Equipment as are required from time to time for the Equipment to comply with all applicable health Applicable Law and safety standards. The Equipment, upon return to Lessor, shall be in such condition as to qualify for a maintenance agreement with the manufacturer or such other party as may be acceptable to Lessor, if such agreement is customarily available, without additional cost to Lessor, but nothing contained herein shall require the Lessee to modify or upgrade the equipmenteach Project Document. All replacement parts parts, repairs, alterations, modifications and repairs additions to the Equipment at any time made to or placed upon the Equipment shall become the property of Lessor. Lessee may, with Lessor's ’s prior written consent, which shall not be unreasonably withheld, make such alterations, modifications or additions to the Equipment as Lessee may deem desirable in the conduct of its business; provided the same shall not diminish the value current or utility estimated residual value, utility, function, operation or remaining useful life of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof, and shall be readily removable without causing damage to the Equipment. Upon return to Lessor the Equipment as to which such alterations, modifications or additions have been made, Lessee, if requested to do so by Lessor, shall remove the same and restore the Equipment to its original condition, reasonable wear and tear only being excepted, and, if not so removed, title thereto shall automatically vest in Lessor. Lessor acknowledges that any data files or software developed or installed by Lessee which is resident or otherwise installed on the equipment Equipment shall be and remain the property of Lessee; provided however provided, however, that the Lessor shall have no obligation or responsibility to remove or return same to Lessee. Upon receipt of Lessee shall, at Lessee’s own cost and expense, provide and maintain a security system to adequately secure and limit access to the Equipment. In connection with any such alteration, modification or additions to the Equipment, Lessor agrees to give if Lessee reasonable access to permanently removes any parts, equipment and/or other materials from the Equipment in connection with installing a permanent replacement, title to and risk of loss of and liability for such replaced parts, equipment and/or other materials shall pass to Lessee at the purpose time of allowing Lessee an opportunity to remove any data files or software developed or installed by Lessee which is resident on removal from the Equipment. Any failure or unreasonable delay on the part of Lessee in accomplishing such removal shall not reduce any of Lessor's rights herein. LESSEE SHALL KEEP THE EQUIPMENT FREE AND CLEAR FROM ALL LIENS, CHARGES, ENCUMBRANCES, LEGAL PROCESS AND CLAIMS. LESSEE SHALL NOT ASSIGN, SUBLET, HYPOTHECATE, SELL, TRANSFER OR PART WITH POSSESSION OF THE EQUIPMENT OR ANY INTEREST IN THIS LEASE, AND ANY ATTEMPT TO DO SO SHALL BE NULL AND VOID AND SHALL CONSTITUTE A DEFAULT HEREUNDER. LESSEE SHALL NOT MOVE THE EQUIPMENT FROM THE LOCATION NOTED IN THE SCHEDULES WITHOUT THE PRIOR WRITTEN NOTICE TO LESSOR FIVE DAYS IN ADVANCE OF THE MOVE. NEITHER THIS LEASE NOR ANY INTEREST IN THE EQUIPMENT IS ASSIGNABLE OR TRANSFERABLE BY LESSEE BY OPERATION OF LAW. LESSEE AGREES NOT TO WAIVE ITS RIGHT TO USE AND POSSESS THE EQUIPMENT IN FAVOR OF ANY PARTY OTHER THAN LESSOR AND FURTHER AGREES NOT TO ABANDON THE EQUIPMENT TO ANY PARTY OTHER THAN LESSOR. SO LONG AS LESSEE FAITHFULLY PERFORMS AND MEETS EACH AND EVERY MATERIAL TERM AND CONDITION TO BE PERFORMED OR MET BY LESSEE UNDER THIS LEASE, LESSEE'S QUIET AND PEACEFUL POSSESSION OF THE EQUIPMENT WILL NOT BE DISTURBED BY LESSOR OR ANYONE CLAIMING BY, THROUGH OR ON BEHALF OF LESSOR.

Use, operation and maintenance. (a) Lessee shall use the Equipment in the manner for which it was designed and intended, solely for Lessee's ’s business purposes, substantially in accordance with all manufacturer manuals and instructions and in compliance with Applicable Law. As used herein, “Applicable Law” means all applicable laws, regulations statutes, regulations, ordinances, orders and ordersother requirements of any governmental authority (including such requirements necessary to ensure that the Equipment qualifies for all tax benefits and environmental attributes, in each case, to the extent available by law to the owner of the Equipment as of the date of this Agreement). Lessee, at Lessee's ’s own cost and expense, shall install a fuel cell energy production monitoring system to monitor the energy production of the Equipment, and such monitoring system shall be acceptable to the Lessor and provide Lessor with real-time access to such monitoring system’s data. Any such monitoring systems installed by Lessee shall be deemed part of the Equipment and shall become property of Lessor. Lessee, at Lessee’s own cost and expense, shall keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted, sufficient to perform according to the requirements of this Agreement and each Project Document, and shall furnish or otherwise obtain all parts, mechanisms, devices and servicing required therefor therefore in the ordinary course. Lessee shall also make, at Lessee’s own cost and necessary expense, all modifications to the Equipment as are required from time to time for the Equipment to comply with all applicable health Applicable Law and safety standards. The Equipment, upon return to Lessor, shall be in such condition as to qualify for a maintenance agreement with the manufacturer or such other party as may be acceptable to Lessor, if such agreement is customarily available, without additional cost to Lessor, but nothing contained herein shall require the Lessee to modify or upgrade the equipmenteach Project Document. All replacement parts parts, repairs, alterations, modifications and repairs additions to the Equipment at any time made to or placed upon the Equipment shall become the property of Lessor. Lessee may, with Lessor's ’s prior written consent, which shall not be unreasonably withheld, make such alterations, modifications or additions to the Equipment as Lessee may deem desirable in the conduct of its business; provided the same shall not diminish the value current or utility estimated residual value, utility, function, operation or remaining useful life of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof, and shall be readily removable without causing damage to the Equipment. Upon return to Lessor the Equipment as to which such alterations, modifications or additions have been made, Lessee, if requested to do so by Lessor, shall remove the same and restore the Equipment to its original condition, reasonable wear and tear only being excepted, and, if not so removed, title thereto shall automatically vest in Lessor. Lessor acknowledges that any data files or software developed or installed by Lessee which is resident or otherwise installed on the equipment Equipment shall be and remain the property of Lessee; provided however provided, however, that the Lessor shall have no obligation or responsibility to remove or return same to Lessee. Upon receipt of the EquipmentLessee shall, Lessor agrees at Lessee’s own cost and expense, provide and maintain a security system to give Lessee reasonable adequately secure and limit access to the Equipment for the purpose of allowing Lessee an opportunity to remove any data files or software developed or installed by Lessee which is resident on the Equipment. Any failure or unreasonable delay on the part of Lessee in accomplishing such removal shall not reduce any of Lessor's rights herein. LESSEE SHALL KEEP THE EQUIPMENT FREE AND CLEAR FROM ALL LIENS, CHARGES, ENCUMBRANCES, LEGAL PROCESS AND CLAIMS. LESSEE SHALL NOT ASSIGN, SUBLET, HYPOTHECATE, SELL, TRANSFER OR PART WITH POSSESSION OF THE EQUIPMENT OR ANY INTEREST IN THIS LEASE, AND ANY ATTEMPT TO DO SO SHALL BE NULL AND VOID AND SHALL CONSTITUTE A DEFAULT HEREUNDER. LESSEE SHALL NOT MOVE THE EQUIPMENT FROM THE LOCATION NOTED IN THE SCHEDULES WITHOUT THE PRIOR WRITTEN NOTICE TO LESSOR FIVE DAYS IN ADVANCE OF THE MOVE. NEITHER THIS LEASE NOR ANY INTEREST IN THE EQUIPMENT IS ASSIGNABLE OR TRANSFERABLE BY LESSEE BY OPERATION OF LAW. LESSEE AGREES NOT TO WAIVE ITS RIGHT TO USE AND POSSESS THE EQUIPMENT IN FAVOR OF ANY PARTY OTHER THAN LESSOR AND FURTHER AGREES NOT TO ABANDON THE EQUIPMENT TO ANY PARTY OTHER THAN LESSOR. SO LONG AS LESSEE FAITHFULLY PERFORMS AND MEETS EACH AND EVERY MATERIAL TERM AND CONDITION TO BE PERFORMED OR MET BY LESSEE UNDER THIS LEASE, LESSEE'S QUIET AND PEACEFUL POSSESSION OF THE EQUIPMENT WILL NOT BE DISTURBED BY LESSOR OR ANYONE CLAIMING BY, THROUGH OR ON BEHALF OF LESSOR.

Use, operation and maintenance. (a) Except as otherwise agreed to by Lessor, all Equipment shall be shipped directly to Lessee. (b) Lessee shall use agrees that the Equipment will be used by Lessee solely in the manner for which it was designed and intended, solely for Lessee's conduct of its business purposes, in accordance with all manufacturer manuals and instructions and in compliance a manner complying with all applicable laws, regulations and orders. Lesseeinsurance policies. (c) Lessee will not move any Equipment from the location specified on the Schedule without the prior written consent of Lessor; provided, however, that Lessee may, without the prior written consent of the Lessor, relocate the Equipment from the location designated on a Schedule to a new location at Lessee's own cost which Lessee or one of its subsidiaries conducts lawful business operations following written notice to Lessor and expense, execution of such documentation as Lessor shall reasonably request. (d) Lessee will keep the Equipment free and clear of all Liens other than those which result from acts of Lessor. (e) Lessor shall not disturb Lessee’s quiet enjoyment of the Equipment during the term of the Agreement unless a default has occurred and is continuing under this Agreement. (f) Lessee’s use of the Equipment shall be subject to the Supplier’s terms and conditions of sale, including, but not limited to any requirements regarding site preparation. Lessee further acknowledges that in the event the Equipment contains embedded software, such software is subject to the proprietary rights of the owner thereof and Lessee’s use of such software will be subject to the terms of any related software licenses. (g) Lessee will, at its sole expense, maintain each unit of Equipment in good operating order and repair, condition and working order, ordinary normal wear and tear excepted, excepted and also maintain the Equipment in accordance with manufacturer’s recommendations. Lessee shall furnish make all parts, mechanisms, devices and servicing alterations or modifications required therefor and necessary to comply with all any applicable health and safety standardslaw, rule or regulation during the term of this Agreement. The EquipmentIf Lessor requests, upon return to Lessee shall affix plates, tags or other identifying labels showing ownership thereof by Lessor, shall be in . (h) Lessee will not attach or install anything on any Equipment that will impair the originally intended function or use of such condition as to qualify for a maintenance agreement with Equipment without the manufacturer or such other party as may be acceptable to prior written consent of Lessor, if such agreement is customarily available, without additional cost to Lessor, but nothing contained herein shall require the Lessee to modify or upgrade the equipment. All replacement parts additions, parts, supplies, accessories, and repairs at Equipment (“Additions”) furnished or attached to any time made to or placed upon the Equipment that are not readily removable shall become the property of Lessor. Lessee may, with Lessor's prior written consent, which shall not be unreasonably withheld, make such alterations, modifications or additions to the Equipment as Lessee may deem desirable in the conduct of its business; provided the same shall not diminish the value or utility of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof, and All Additions shall be readily removable without causing damage to the Equipment. Upon return to Lessor the Equipment as to which such alterations, modifications or additions have been made, Lessee, if requested to do so by Lessor, shall remove the same and restore the Equipment to its original condition, reasonable wear and tear made only being excepted, and, if not so removed, title thereto shall automatically vest in Lessor. Lessor acknowledges that any data files or software developed or installed by Lessee which is resident on the equipment shall be and remain the property of Lessee; provided however that the Lessor shall have no obligation or responsibility to remove or return same to Lessee. Upon receipt of the Equipment, Lessor agrees to give Lessee reasonable access to the Equipment for the purpose of allowing Lessee an opportunity to remove any data files or software developed or installed by Lessee which is resident on the Equipment. Any failure or unreasonable delay on the part of Lessee in accomplishing such removal shall not reduce any of Lessor's rights herein. LESSEE SHALL KEEP THE EQUIPMENT FREE AND CLEAR FROM ALL LIENS, CHARGES, ENCUMBRANCES, LEGAL PROCESS AND CLAIMS. LESSEE SHALL NOT ASSIGN, SUBLET, HYPOTHECATE, SELL, TRANSFER OR PART WITH POSSESSION OF THE EQUIPMENT OR ANY INTEREST IN THIS LEASE, AND ANY ATTEMPT TO DO SO SHALL BE NULL AND VOID AND SHALL CONSTITUTE A DEFAULT HEREUNDER. LESSEE SHALL NOT MOVE THE EQUIPMENT FROM THE LOCATION NOTED IN THE SCHEDULES WITHOUT THE PRIOR WRITTEN NOTICE TO LESSOR FIVE DAYS IN ADVANCE OF THE MOVE. NEITHER THIS LEASE NOR ANY INTEREST IN THE EQUIPMENT IS ASSIGNABLE OR TRANSFERABLE BY LESSEE BY OPERATION OF LAW. LESSEE AGREES NOT TO WAIVE ITS RIGHT TO USE AND POSSESS THE EQUIPMENT IN FAVOR OF ANY PARTY OTHER THAN LESSOR AND FURTHER AGREES NOT TO ABANDON THE EQUIPMENT TO ANY PARTY OTHER THAN LESSOR. SO LONG AS LESSEE FAITHFULLY PERFORMS AND MEETS EACH AND EVERY MATERIAL TERM AND CONDITION TO BE PERFORMED OR MET BY LESSEE UNDER THIS LEASE, LESSEE'S QUIET AND PEACEFUL POSSESSION OF THE EQUIPMENT WILL NOT BE DISTURBED BY LESSOR OR ANYONE CLAIMING BY, THROUGH OR ON BEHALF OF LESSORcompliance with applicable law.

Use, operation and maintenance. Lessee shall Section 3.1 Tenant agrees: (A) To use the Equipment Demised Premises, and operate therein under the name Fourth Federal Savings and Loan Association, solely for any use permitted to a federal savings and loan association (the "Permitted Use") and for no other use or purpose; and (B) Except when, and to the extent that, as elsewhere in this Lease provided, the Demised Premises may be untenantable by reason of damage by fire or other casualty, to continuously and uninterruptedly occupy and use during the Lease Term the entire Demised Premises for the Permitted Use, and to conduct Tenant's business therein in a reputable manner; to remain open for business during all normal and customary banking hours; to keep the display windows, If any, and all signs well lighted during such hours and days that the Common Areas are lighted by Landlord; to keep and maintain the Demised Premises and Tenant's Personal Property and signs therein or thereon, and the exterior and interior portions of all windows, doors and all glass or plate glass, in a neat, clean, sanitary and safe condition; to apply for, secure, maintain and comply with all licenses or permits which may be required for the conduct by Tenant of the Permitted Use, and to pay, if, as and when due, all required license, permit fees and charges of a similar nature; and (C) To store all trash and refuse in appropriate containers within the Demised Premises so as not to be visible to the public, and to attend to the daily disposal thereof in the manner for which it was designed and intendedby the agency designated by Landlord; to utilize any compactor installed by Landlord and pay Tenant's pro rata share of the operating cost thereof, solely for Lesseeincluding Tenant's business purposespro rata share of the cost of removal of such compacted garbage by an independent collector designated by Landlord and whose prices shall be competitive, to keep all drains inside the Demised Premises open; and to receive and deliver goods and merchandise only in accordance the manner and areas and at times reasonably designated by Landlord, and (D) To cooperate with all manufacturer manuals and instructions and Landlord in compliance complying with all applicable any local, state or federal laws, rules or regulations and orders. Lessee, at Lessee's own cost and expense, shall keep the Equipment in good repair, condition and working order, ordinary wear and tear exceptedconcerning environmental protection, and shall furnish all partsto such end, mechanisms, devices from time to time and servicing required therefor and necessary to comply with all applicable health and safety standards. The Equipmentwithout cost or delay, upon return to Lessor, Landlord's request Tenant shall be in such condition as to qualify for a maintenance agreement complete documents dealing with the manufacturer or such other party as may be acceptable to Lessor, if such agreement is customarily available, without additional cost to Lessor, but nothing contained herein shall require the Lessee to modify or upgrade the equipment. All replacement parts nature and repairs at any time made to or placed upon the Equipment shall become the property of Lessor. Lessee may, with Lessor's prior written consent, which shall not be unreasonably withheld, make such alterations, modifications or additions to the Equipment as Lessee may deem desirable in the conduct of its business. Section 3.2 Tenant shall comply with all laws and requirements of all governmental authorities applicable to the Demised Premises, excluding the requirement of making structural changes to the Demised Premises, unless required by reason of Tenant's use. Notwithstanding the foregoing, Tenant may, in good faith (and wherever necessary, in the name of, but without expense to, Landlord, and having secured Landlord to its reasonable satisfaction by cash, securities or a surety company bond against loss or damage), contest the validity or application in whole or in part, of any such legal requirements; provided and, pending the same shall final determination of such contest, may postpone compliance therewith, but not diminish the value so as to subject Landlord to any fine or utility of the Equipmentpenalty or to prosecution for a crime, or to cause the loss of any warranty thereon Demised Premises, or any certification necessary for part thereof, to be placed in danger of forfeiture, sale or condemnation. Section 3.3 (A) Tenant shall keep the maintenance thereofDemised Premises and improvements in good and substantial order and repair at the sole cost and expense of Tenant, and shall make all repairs, renewals and replacements necessary to that end, except for repairs expressly required to be readily removable without causing damage to the Equipment. Upon return to Lessor the Equipment made by Landlord as to which such alterations, modifications or additions have been made, Lessee, if requested to do so by Lessor, shall remove the same and restore the Equipment to its original condition, reasonable wear and tear only being excepted, and, if not so removed, title thereto shall automatically vest in Lessor. Lessor acknowledges that any data files or software developed or installed by Lessee which is resident on the equipment shall be and remain the property of Lessee; provided however that the Lessor shall have no obligation or responsibility to remove or return same to Lessee. Upon receipt of the Equipment, Lessor agrees to give Lessee reasonable access to the Equipment for the purpose of allowing Lessee an opportunity to remove any data files or software developed or installed by Lessee which is resident on the Equipment. Any failure or unreasonable delay on the part of Lessee in accomplishing such removal shall not reduce any of Lessor's rights herein. LESSEE SHALL KEEP THE EQUIPMENT FREE AND CLEAR FROM ALL LIENS, CHARGES, ENCUMBRANCES, LEGAL PROCESS AND CLAIMS. LESSEE SHALL NOT ASSIGN, SUBLET, HYPOTHECATE, SELL, TRANSFER OR PART WITH POSSESSION OF THE EQUIPMENT OR ANY INTEREST IN THIS LEASE, AND ANY ATTEMPT TO DO SO SHALL BE NULL AND VOID AND SHALL CONSTITUTE A DEFAULT HEREUNDER. LESSEE SHALL NOT MOVE THE EQUIPMENT FROM THE LOCATION NOTED IN THE SCHEDULES WITHOUT THE PRIOR WRITTEN NOTICE TO LESSOR FIVE DAYS IN ADVANCE OF THE MOVE. NEITHER THIS LEASE NOR ANY INTEREST IN THE EQUIPMENT IS ASSIGNABLE OR TRANSFERABLE BY LESSEE BY OPERATION OF LAW. LESSEE AGREES NOT TO WAIVE ITS RIGHT TO USE AND POSSESS THE EQUIPMENT IN FAVOR OF ANY PARTY OTHER THAN LESSOR AND FURTHER AGREES NOT TO ABANDON THE EQUIPMENT TO ANY PARTY OTHER THAN LESSOR. SO LONG AS LESSEE FAITHFULLY PERFORMS AND MEETS EACH AND EVERY MATERIAL TERM AND CONDITION TO BE PERFORMED OR MET BY LESSEE UNDER THIS LEASE, LESSEE'S QUIET AND PEACEFUL POSSESSION OF THE EQUIPMENT WILL NOT BE DISTURBED BY LESSOR OR ANYONE CLAIMING BY, THROUGH OR ON BEHALF OF LESSORhereinafter provided.

Use, operation and maintenance. Lessee The Customer agrees with Nexxis that: (a) The use of the Equipment carries with it dangers and risks of injury and the Customer agrees to accept all dangers and risks. (b) The Customer shall keep the Equipment at the Delivery Address specified in the Nexxis Quote unless prior written permission has been obtained from Nexxis to relocate the Equipment elsewhere. (c) The Equipment shall not be used by anyone other than the Customer without the express permission of Nexxis. (d) The Customer shall use the Equipment in a careful and proper manner and not interfere or tamper with or let anyone else do so. Further, the Customer will ensure that all persons operating or erecting the Equipment are instructed in its safe and proper use, and where required, hold valid proof of training or are fully licenced to use it. (e) The Customer will operate, maintain, store and transport the Equipment in a proper manner for which it was designed and intended, solely for Lessee's business purposes, where required strictly in accordance with all manufacturer manuals any instruction provided by Nexxis and the manufacturer’s instructions and with due care and diligence. (f) The Equipment will only be used for its intended purpose and in compliance accordance with any manufacturer’s instructions and recommendations whether supplied by Nexxis or posted on the Equipment in regard to its operation, maintenance and storage. (g) The Customer will comply with all applicable lawsoccupational heath and safety laws and regulations relating to the use of the Equipment, regulations and orders. Lesseeassociated operations. (h) The Customer shall ensure the Equipment is returned to Nexxis clean of all foreign matter or agrees to a reasonable cleaning fee being charged by Nexxis. (i) The reasonable costs of consumables provided by Nexxis are used by the Customer are to be paid to Nexxis at the completion date. (j) The Customer shall permit Nexxis, its agents or servants to enter the premises where Equipment is located at Lessee's own cost all reasonable times in order to inspect the Equipment or carry out repairs to the Equipment. (k) The Customer requires and expense, will utilise the Equipment for its business purposes. (l) The Customer shall keep the Equipment in good repaira safe and proper location. (m) The Customer shall not alter or modify the Equipment without the prior written consent from Nexxis. (n) The Equipment shall at all times, condition and working orderwhilst in the care, ordinary wear and tear exceptedcustody or control of the Customer, and shall furnish be at the risk of the Customer. (o) The Customer accepts full responsibility for all partsequipment rented, mechanisms, devices and servicing required therefor and necessary to including its use in accordance with any operating instructions provided or Government Regulations. (p) The Customer will in respect of the Equipment comply with all applicable health State, Territory and safety standards. Federal Laws. (q) The Equipment, upon return when returned to LessorNexxis, will not have any information contained in or associated with it which would, if received by Nexxis or any other person, be in breach of State, Territory or Federal privacy laws. (r) Nexxis shall, at its expense when it deems necessary, provide maintenance and recalibration for Equipment and shall use its best endeavours to expeditiously repair or replace Equipment, which may become defective during the rental period through no fault of the Customer. If the Equipment does not operate properly the Customer shall notify Nexxis and request instructions before taking any action. The responsibility for advising Nexxis of any need for recalibration rests with the Customer. Nexxis may at its sole and absolute discretion and for such length of time as it deems expedient replace Equipment with another of such type or model as shall for the time being available and Equipment substituted shall be in such condition as subject to qualify for a maintenance agreement with the manufacturer or such other party as may be acceptable to Lessor, if such agreement is customarily available, without additional cost to Lessor, but nothing contained herein shall require the Lessee to modify or upgrade the equipment. All replacement parts and repairs at any time made to or placed upon the Equipment shall become the property of Lessor. Lessee may, with Lessor's prior written consent, which shall not be unreasonably withheld, make such alterations, modifications or additions to the Equipment as Lessee may deem desirable in the conduct of its business; provided the same shall not diminish the value or utility of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof, and shall be readily removable without causing damage to the Equipment. Upon return to Lessor the Equipment as to which such alterations, modifications or additions have been made, Lessee, if requested to do so by Lessor, shall remove the same and restore the Equipment to its original condition, reasonable wear and tear only being excepted, and, if not so removed, title thereto shall automatically vest in Lessor. Lessor acknowledges that any data files or software developed or installed by Lessee which is resident on the equipment shall be and remain the property of Lessee; provided however that the Lessor shall have no obligation or responsibility to remove or return same to Lessee. Upon receipt of the Equipment, Lessor agrees to give Lessee reasonable access to the Equipment for the purpose of allowing Lessee an opportunity to remove any data files or software developed or installed by Lessee which is resident on the Equipment. Any failure or unreasonable delay on the part of Lessee in accomplishing such removal shall not reduce any of Lessor's rights herein. LESSEE SHALL KEEP THE EQUIPMENT FREE AND CLEAR FROM ALL LIENS, CHARGES, ENCUMBRANCES, LEGAL PROCESS AND CLAIMS. LESSEE SHALL NOT ASSIGN, SUBLET, HYPOTHECATE, SELL, TRANSFER OR PART WITH POSSESSION OF THE EQUIPMENT OR ANY INTEREST IN THIS LEASE, AND ANY ATTEMPT TO DO SO SHALL BE NULL AND VOID AND SHALL CONSTITUTE A DEFAULT HEREUNDER. LESSEE SHALL NOT MOVE THE EQUIPMENT FROM THE LOCATION NOTED IN THE SCHEDULES WITHOUT THE PRIOR WRITTEN NOTICE TO LESSOR FIVE DAYS IN ADVANCE OF THE MOVE. NEITHER THIS LEASE NOR ANY INTEREST IN THE EQUIPMENT IS ASSIGNABLE OR TRANSFERABLE BY LESSEE BY OPERATION OF LAW. LESSEE AGREES NOT TO WAIVE ITS RIGHT TO USE AND POSSESS THE EQUIPMENT IN FAVOR OF ANY PARTY OTHER THAN LESSOR AND FURTHER AGREES NOT TO ABANDON THE EQUIPMENT TO ANY PARTY OTHER THAN LESSOR. SO LONG AS LESSEE FAITHFULLY PERFORMS AND MEETS EACH AND EVERY MATERIAL TERM AND CONDITION TO BE PERFORMED OR MET BY LESSEE UNDER THIS LEASE, LESSEE'S QUIET AND PEACEFUL POSSESSION OF THE EQUIPMENT WILL NOT BE DISTURBED BY LESSOR OR ANYONE CLAIMING BY, THROUGH OR ON BEHALF OF LESSORthese conditions.

Use, operation and maintenance. Lessee shall use the Equipment in the manner for which it was designed and intended, solely for Lessee's business purposes, in accordance with all manufacturer manuals and instructions and in compliance with all applicable laws, regulations and orders. Lessee, at Lessee's own cost and expense, shall keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted, and shall furnish all parts, mechanisms, devices and servicing required therefor and necessary to comply with all applicable health and safety standards. The EquipmentIf commercially available, upon return to Lessor, Lessee shall be maintain in such condition as to qualify for force a maintenance agreement with respect to the Equipment with the manufacturer thereof or such other party as may be acceptable to Lessor, if such agreement is customarily availableand the Equipment, without additional cost upon return to Lessor, but nothing contained herein shall require the Lessee to modify or upgrade the equipmentqualify for such program without additional expense. All replacement parts and repairs at any time made to or placed upon the Equipment shall become the property of Lessor. Lessee may, with Lessor's prior written consent, which shall not be unreasonably withheld, make such alterations, modifications or additions to the Equipment as Lessee may deem desirable in the conduct of its business; provided the same shall not diminish the value or utility of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof, and shall be readily removable without causing damage to the Equipment. Upon return to Lessor the Equipment as to which such alterations, modifications or additions have been made, Lessee, if requested to do so by Lessor, shall remove the same and restore the Equipment to its original condition, reasonable wear and tear only being excepted, and, if not so removed, title thereto shall automatically vest in Lessor. Lessor acknowledges that Lessee shall keep the Equipment free and clear from all liens, charges, encumbrances, legal process and claims. Lessee shall not assign, sublet, hypothecate, sell, transfer or part with possession of the Equipment or any data files interest in this Lease, and any attempt to do so shall be null and void and shall constitute a default hereunder. Lessee shall not move the Equipment from the location noted in the Schedules without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Neither this Lease nor any interest in the Equipment is assignable or software developed or installed transferable by Lessee which is resident on by operation of law. Lessee agrees not to waive its right to use and possess the equipment shall Equipment in favor of any party other than Lessor and further agrees not to abandon the Equipment to any party other than Lessor. So long as Lessee faithfully performs and meets each and every term and condition to be performed or met by Lessee under this Lease, Lessee's quiet and remain the property of Lessee; provided however that the Lessor shall have no obligation or responsibility to remove or return same to Lessee. Upon receipt peaceful possession of the EquipmentEquipment will not be disturbed by Lessor or anyone claiming by, Lessor agrees to give Lessee reasonable access to the Equipment for the purpose of allowing Lessee an opportunity to remove any data files through or software developed or installed by Lessee which is resident on the Equipment. Any failure or unreasonable delay on the part of Lessee in accomplishing such removal shall not reduce any behalf of Lessor's rights herein. LESSEE SHALL KEEP THE EQUIPMENT FREE AND CLEAR FROM ALL LIENS, CHARGES, ENCUMBRANCES, LEGAL PROCESS AND CLAIMS. LESSEE SHALL NOT ASSIGN, SUBLET, HYPOTHECATE, SELL, TRANSFER OR PART WITH POSSESSION OF THE EQUIPMENT OR ANY INTEREST IN THIS LEASE, AND ANY ATTEMPT TO DO SO SHALL BE NULL AND VOID AND SHALL CONSTITUTE A DEFAULT HEREUNDER. LESSEE SHALL NOT MOVE THE EQUIPMENT FROM THE LOCATION NOTED IN THE SCHEDULES WITHOUT THE PRIOR WRITTEN NOTICE TO LESSOR FIVE DAYS IN ADVANCE OF THE MOVE. NEITHER THIS LEASE NOR ANY INTEREST IN THE EQUIPMENT IS ASSIGNABLE OR TRANSFERABLE BY LESSEE BY OPERATION OF LAW. LESSEE AGREES NOT TO WAIVE ITS RIGHT TO USE AND POSSESS THE EQUIPMENT IN FAVOR OF ANY PARTY OTHER THAN LESSOR AND FURTHER AGREES NOT TO ABANDON THE EQUIPMENT TO ANY PARTY OTHER THAN LESSOR. SO LONG AS LESSEE FAITHFULLY PERFORMS AND MEETS EACH AND EVERY MATERIAL TERM AND CONDITION TO BE PERFORMED OR MET BY LESSEE UNDER THIS LEASE, LESSEE'S QUIET AND PEACEFUL POSSESSION OF THE EQUIPMENT WILL NOT BE DISTURBED BY LESSOR OR ANYONE CLAIMING BY, THROUGH OR ON BEHALF OF LESSOR.