R2002-84 RESCINDING BID AND AWARDING PURCHASE ORDER

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Equipment is being leased on an as is basis. Lessee acknowledges that it was not induced to enter into this agreement by any representations or warranty made by Lessor respecting the condition or state of the Equipment, or the operability or capacity there of, after same has been shipped, unloaded and installed. Lessee in entering into this agreement has relied on its own inspection and familiarity with the Equipment and on its own ability to supervise the unloading, installation and operation of same. 10. This lease shall not be subject to cancellation or termination by Lessee during the initial term or during any renewal or extended term of this lease. This lease is therefore irrevocable forthe full term and any extension or renewal hereof, and until the total rental provided herein has been paid by Lessee. Rental shall not abate during the term because Lessee's right to possession of Equipment has terminated. 11. Lessor may assign this lease and, in such event, the assignee shall succeed to all rights of Lessor hereunder. Such assignee's rights underthis lease to the rental provided for herein and to Equipment shall be free from all defenses, set offs or counterclaims which Lessee may be entitled to assert against Lessor. Such assignments shall not relieve Lessor of any of its obligations to Lessee hereunder and shall not be construed as being an assumption of such obligations by the assignee. Notwithstanding such assignment, Lessee may claim separately against Lessor as to the matters which Lessee may be entitled to assert underthis lease. If Lessee shall have reason to believe it has any claim against Lessor arising in any way out of this lease or Equipment, Lessee shall notify Lessor, in writing, within 30 days after Lessee knows or has reason to know the basis of any such claim. Failure to give such notice shall relieve Lessor from any liability on any such claim. 12. If Lessee should fail to pay rental as herein provided for within 10 days from date the same is due and payable, or if Lessee should breach any other provision of this lease and fail to correct such breach within 10 days after notice thereof from Lessor, or if Lessee becomes insolvent, ceases doing business as a going concern, or commits an act of bankruptcy, then all unpaid installments of rent provided for herein to be paid during the full term of this lease shall become immediately due and payable and shall bear interest at the highest legal contract rate until paid in full. Upon default under any provision of this agreement, Lessee shall be liable for all arrears of rent, if any; the expense of retaking possession and removal of the Equipment; the balance of rentals provided for herein or any deficiency after sale; and attorney's fees in an amount equal to 15%of the balance due if allowed by law. In the event of default, Lessor, at its option and addition to, without prejudice to any other remedies, may enter upon Lessee's premises and without court order or other process of law, repossess and remove any or all Equipment. Any such repossession shall not constitute a termination of this lease unless Lessor so notifies lessee in writing. Lessor, at its option, may (I) lease repossessed Equipment or any part thereof to any third party upon terms and conditions as Lessee may determine,or(ii)sell repossessed Equipment or any part thereof to the highest bidder at a private sale or public auction at which Lessor may be a bidder. The net proceeds of such leasing or sale, less Lessor's expenses in connection therewith, including attorney's fees as set forth above, shall be applied to the total unpaid rental provided for herein. 13. Lessor shall not be liable for any direct or consequential damages arising out of any delay or failure of perFormance underthis lease or of the Equipment occasioned by accident, negligence,Acts of God, labor difficulties, governmental action, or any other like or unlike cause beyond Lessor's control. 5