R2002-84 RESCINDING BID AND AWARDING PURCHASE ORDER

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have the undisputed right and option to make any and all repairs to the damaged part or parts and charge the Lessee for any and all costs involved, including, but not limited to freight, loading, unloading, load bank tests, etc. Not withstanding,the aforesaid Lessor is under no obligation to make said repairs. Lessee shall continue to pay rental at the rate stipulated in the contract until said repairs and replacements, if any, have been completed. 6. Lessee agrees that there shall not be any liability to Lessor, its agents, employees, subcontractors, and suppliers with respect to any claim arising out of the performance or nonperformance of obligations in connection with the design, manufacture, sale, delivery, erection, lease or use of the Equipment to be provided pursuant to this contract, or the rendition of other services in connection therewith,whether based on contract,tort(including negligence)orotherwise,shall in no event include damages for loss of profits or revenue or the loss of use of either; loss by reason of plant shutdown, non-operation or increased expense of operation of plant or equipment; increased costs of purchasing equipment, material, supplies or services outside of Lessor's scope of supply; cost of replacement power or capital; and consequential damages of any nature. 7. Lessee agrees to indemnify and forever save harmless Wabash Power Equipment Co. from all damages, whether from bodily injury liability or property damage, including all loss or expense for damage which may be caused by the Equipment or which may result from injury to others or damage to property of others which results from the actual or alleged use, operation or ownership of the Equipment. Lessee agrees to provide Wabash Power Equipment Co., the owner of the Equipment, with certificates of insurance evidencing bodily injury and property damage limits of at least$5 million. Evidence of insurance shall further disclose that Lessee has caused Wabash Power Equipment Co. to be named as an Additional Insured under the General Liability policy. Lessee shall further disclose actual liability coverage shall be afforded for the indemnification provisions above. It is understood that Lessee assumes all liability for any damage to the Equipment itself,whether such damage arises from perils for which coverage is provided or not. Lessee agrees to provide All Risk coverage for Equipment while it is in the custody of Lessee for the full value of said Equipment, and further agrees to furnish evidence of this coverage which is to be written with an insurer acceptable to the Lessor on an "All Risk" basis. Lessee further agrees to name the Lessor, Wabash Power equipment Co.,�as an Additional Insured and loss payee on the policy providing physical damage coverage for the subject Equipment and stipulate that coverage will not be canceled or materially changed without thirty(30) days advance written notice to Lessor. 8. All risk of loss,theft,damage,or destruction of the Equipment from lessor's original shipping point until Lessee's return to Lessor's designated destination shall be borne by Lessee. Lessee shall also bear all risk of loss, theft, damage, or destruction while the Equipment is at Lessee's plant. Insurance coverage must be full insurable replacement cost of the subject Equipment. Under no circumstances will Lessor be responsible for, or Lessee entitled to, consequential damages arising out of or owing to any delays in delivery. Value of equipment is $ 450.000.00 . 9. Lessee acknowledges that the Equipment is suitable for its purpose. Lessee acknowledges that it has examined the Equipment covered by this lease and that same is acceptable to it in its present condition, as is. Lessee also acknowledges that Lessor has made no representations or warranties of any kind, nature or description, express or implied, with respect to the Equipment and that the 4