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2000_Resolutions
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2000_Resolutions
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consent of the Lessor, which consent shall not be unreasonably withheld, the Lessee may self- <br />40 <br />insure the Equipment by means of a self-insurance program whereby funds are set aside and <br />maintained for the purpose of self-insuring the property of the Lessee. If at any time during the <br />Lease Term, the Lessor in its reasonable discretion; deems it necessary so to do, the Lessee shall <br />provide at its expense an insurance policy covering losses to the Equipment as set forth in this <br />Section 6.7. <br />6.8 Risk of Loss. The Lessee shall bear all risk of loss to the Equipment, and in the <br />event of loss or damage thereto, the Lessee shall at its option either (i) continue to make the rental <br />payments due hereunder and repair or replace the Equipment as mutually agreed between the <br />Lessee and the Lessor or (ii) purchase the Equipment in accordance with the provisions set forth in <br />Section 18 of this agreement. <br />6.9 Performance by the Lessor of the Lessee's Responsibilities. Any performance <br />required of the Lessee or any payments required to be made by the Lessee, if not timely performed <br />or paid, may be performed or paid by the Lessor, and in that event, the Lessor shall be <br />immediately reimbursed by the Lessee for these payments and for any costs and expense, legal or <br />otherwise, associated with the payments or other performance by the Lessor, with interest thereon <br />at the legal rate of interest, per annum. <br />• 6.10 Financial Statements. The Lessee'agrees that it will furnish the Lessor at such <br />reasonable times as the Lessor shall request current financial statements (including without <br />limitation the Lessee's annual budget as submitted or approved), and permit the Lessor or its <br />agents and representatives to inspect the Lessee's books and records and make extracts therefrom. <br />The Lessee represents and warrants to the Lessor that all financial statements which have been <br />delivered to the Lessor, if any, and accurately reflect the Lessee's financial condition and there has <br />been no material adverse change in Lessee's financial condition as reflected in the statements <br />since the date thereof. <br />SECTION 7. EQUIPMENT <br />7.1 Title. Title to the Equipment and any and all additions, repairs, replacements or <br />modifications thereto, shall be deemed to be vested in the Lessee subject to the rights of the <br />Lessor hereunder from and after the date of the acceptance of the Equipment so long as the Lessee <br />shall not be in default hereunder and/or this Agreement shall not have been terminated pursuant to <br />the provisions of Section 15 hereof, and shall vest permanently in the Lessee upon the completion <br />of all rental payments, free and clear of any lien or security interest of the Lessor therein. <br />Immediately upon the occurrence of an event of default by the Lessee hereunder or the <br />termination of this Agreement under Section 15, title to the Equipment (and all additions, repairs, <br />replacements or modifications thereto) shall revert to the Lessor, free and clear of any right, title <br />• or interest of the Lessee unless the Lessor elects otherwise, without the necessity of any further <br />action or the execution of any. documents by the parties. <br />bis <br />
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