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SECTION 13. DISCLAIMER OF WARRANTIES <br />• 13.1 No Representations by the Lessor.The Lessee acknowledges and agrees that it <br />has selected each item, type, quality, quantity and supplier of Equipment based upon <br />recommendations of its independent consultants and disclaims any reliance upon any statements <br />or representations made by the Lessor, and agrees that the Equipment is of a design, size, quality <br />and capacity required by the Lessee and is suitable for its purposes. <br />13.2 Disclaimer. THE LESSOR MAKES NO WARRANTEES OR <br />REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, <br />CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF <br />THE EQUIPMENT OR ANY OTHER REPRESENTATION OR WARRANTY WITH <br />RESPECT TO THE EQUIPMENT, AND, AS TO THE LESSOR, THE LESSEE LEASES THE <br />EQUIPMENT FROM THE LESSOR AS IS. <br />13.3 Assienment of Manufacturer's Warranties. Notwithstanding the foregoing, the <br />Lessor hereby agrees to assign to the Lessee, solely for the purpose of making and prosecuting <br />any such claim, all of the Lessor's rights, if any, against the manufacturer or supplier of the <br />Equipment for breach of warranty or other representation respecting the Equipment to the extent <br />the same are assignable. <br />• SECTION 14. DEFAULT AND REMEDIES <br />14.1 Definition of Default. The Lessee shall be deemed to be in default hereunder <br />upon the happening of any of the following events of default, which default (other than a <br />monetary default under Section 14.l (a)) is not cured within thirty (30) days after receipt of written <br />notice thereof (an "Event of Default"). <br />(a) The Lessee shall fail.to make any rental payment or pay any other sum <br />under this Agreement when due or shall fail to perform or observe any term or condition or <br />covenant of this Agreement. <br />(b) Proceedings under any bankruptcy, insolvency, reorganization or similar <br />litigation shall be instituted by or against the Lessee, or a receiver, custodian or similar officer <br />shall be appointed for the Lessee or any of its property, and such proceedings or appointments <br />shall not be vacated, or fully stayed, within sixty (60) days after the institution or occurrence <br />thereof. <br />(c) Any warranty, representation or statement made by the Lessee is found to <br />be incorrect or misleading in any material respect on the date made. <br />• (d) An attachment, levy or execution is levied upon or against the Equipment. <br />10 <br />