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8.03 Insurance. At its own expense, Purchaser shall maintain (a) casualty insurance insuring the Property against loss or damage by fire and all
<br />other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Seller in an
<br />amount equal to at least the outstanding principal component of Installment Payments, and (b) liability insurance that protects Seller from liability in all
<br />events in an amount reasonably acceptable to Seller, and (c) worker's compensation insurance covering all employees working on, in, near or about the
<br />Property; provided that Purchaser may self -insure against all such risks (other than rental interruption). All insurance proceeds from casualty losses
<br />shall be payable as hereinafter provided in this Agreement. All such insurance shall be with insurers that are authorized to issue such insurance in the
<br />State. All such liability insurance shall name Seller as an additional insured. All such casualty insurance shall contain a provision making any losses
<br />payable to Seller and Purchaser as their respective interests may appear. All such insurance shall contain a provision to the effect that such insurance
<br />shall not be canceled or modified without first giving written notice thereof to Seller and Purchaser at least thirty (30) days in advance of such
<br />cancellation or modification. Such changes shall not become effective without Seller's prior written consent. Purchaser shall furnish to Seller, on or
<br />before the Commencement Date for each Property Schedule, and thereafter at Seller's request, certificates evidencing such coverage, or, if Purchaser
<br />self -insures, a written description of its self-insurance program together with a certification from Purchaser's risk manager or insurance agent or
<br />consultant to the effect that Purchaser's self-insurance program provides adequate coverage against the risks listed above.
<br />8.04 Advances. In the event Purchaser shall fail to either maintain the insurance required by this Agreement or keep the Property in good repair
<br />and working order, Seller may, but shall be under no obligation to, purchase the required insurance and pay the cost of the premiums thereof or
<br />maintain and repair the Property and pay the cost thereof. All amounts so advanced by Seller shall constitute additional rent for the Term for the
<br />applicable Property Schedule and shall be due and payable on the next Installment Payment Date and Purchaser covenants and agrees to pay such
<br />amounts so advanced by Seller with interest thereon from the date such amounts are advanced until paid at the rate of 12% per annum or the
<br />maximum amount permitted by law, whichever is less.
<br />ARTICLE IX
<br />9.01 Damage or Destruction. If (a) the Property under a Property Schedule or any portion thereof is destroyed, in whole or in part, or is damaged
<br />by fire or other casualty, or (b) title to, or the temporary use of, the Property under a Property Schedule or any part thereof shall be taken under the
<br />exercise or threat of the power of eminent domain by any governmental body or by any person, firm or corporation acting pursuant to governmental
<br />authority, Seller and Purchaser will cause the Net Proceeds (as hereinafter defined) of any insurance claim, condemnation award or sale under threat of
<br />condemnation to be applied to the prompt replacement, repair, restoration, modification or improvement of the Property, unless Purchaser shall have
<br />exercised its right to defease the Property Schedule as provided herein, or unless Purchaser shall have exercised its option to prepay the Installment
<br />Payments if the Property Schedule so provides. Any balance of the Net Proceeds remaining after such work has been completed shall be paid to
<br />Purchaser. For purposes of Section 8.03 and this Article IX, the term "Net Proceeds" shall mean the amount remaining from the gross proceeds of any
<br />insurance claim, condemnation award or sale under threat of condemnation after deducting all expenses, including attorneys' fees, incurred in the
<br />collection thereof.
<br />9.02 Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or
<br />improvement referred to in Section 9.01, Purchaser shall (a) complete such replacement, repair, restoration, modification or improvement and pay any
<br />costs thereof in excess of the amount of the Net Proceeds and, if Purchaser shall make any payments pursuant to this Section, Purchaser shall not be
<br />entitled to any reimbursement therefor from Seller nor shall Purchaser be entitled to any diminution of the amounts payable under Section 6.01, or (b)
<br />defease the Property Schedule pursuant to Section 6.04, or (c) exercise its option to prepay the Installment Payments pursuant to the optional
<br />prepayment provisions of the Property Schedule, if any. The amount of the Net Proceeds, if any, remaining after completing such repair, restoration,
<br />modification or improvement or after such defeasance or purchase may be retained by Purchaser.
<br />ARTICLE X
<br />10.01 Disclaimer of Warranties. SELLER MAKES NO (AND SHALL NOT BE DEEMED TO HAVE MADE ANY) WARRANTIES, EXPRESS OR
<br />IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE DESIGN, OPERATION OR CONDITION OF, OR THE
<br />QUALITY OF THE MATERIAL, EQUIPMENT OR WORKMANSHIP IN, THE PROPERTY, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY
<br />PARTICULAR PURPOSE, THE STATE OF TITLE THERETO OR ANY COMPONENT THEREOF, THE ABSENCE OF LATENT OR OTHER
<br />DEFECTS (WHETHER OR NOT DISCOVERABLE), AND SELLER HEREBY DISCLAIMS THE SAME; IT BEING UNDERSTOOD THAT THE
<br />PROPERTY IS SOLD TO PURCHASER "AS IS" ON THE DATE OF THIS AGREEMENT OR THE DATE OF DELIVERY, WHICHEVER IS LATER,
<br />AND ALL SUCH RISKS, IF ANY, ARE TO BE BORNE BY PURCHASER. Purchaser acknowledges that it has made (or will make) the selection of the
<br />Property from the Vendor based on its own judgment and expressly disclaims any reliance upon any statements or representations made by Seller.
<br />Purchaser understands and agrees that (a) neither the Vendor nor any sales representative or other agent of Vendor, is (i) an agent of Seller, or (ii)
<br />authorized to make or alter any term or condition of this Agreement, and (b) no such waiver or alteration shall vary the terms of this Agreement unless
<br />expressly set forth herein. In no event shall Seller be liable for any incidental, indirect, special or consequential damage in connection with or arising
<br />out of this Agreement, the Property Schedules, or the existence, furnishing, functioning or use of any item, product or service provided for in this
<br />Agreement or the Property the.
<br />10.02 Vendor's Warranties. Seller hereby irrevocably assigns to Purchaser all rights that Seller may have to assert from time to time whatever
<br />claims and rights (including without limitation warranties) related to the Property against the Vendor. Purchaser's sole remedy for the breach of such
<br />warranty, indemnification or representation shall be against the Vendor of the Property, and not against Seller, nor shall such matter have any effect
<br />whatsoever on the rights and obligations of Seller with respect to this Agreement, including the right to receive full and timely payments hereunder.
<br />Purchaser expressly acknowledges that Seller makes, and.has made, no representations or warranties whatsoever as to the existence or the availability
<br />of such warranties of the Vendor of the Property.
<br />10.03 Use of the Property. Purchaser will not install, use, operate or maintain the Property improperly, carelessly, in violation of any applicable law
<br />or in a manner contrary to that contemplated by this Agreement and the applicable Property Schedule. Purchaser shall provide all permits and
<br />licenses, if any, necessary for the installation and operation of the Property. In addition, Purchaser agrees to comply in all respects with all laws of the
<br />jurisdiction in which its operations involving any item of Property may extend and any legislative, executive, administrative or judicial body exercising
<br />any power or jurisdiciien over the items of the Property; provided that Purchaser may contest in good faith the validity or application of any such law or
<br />rule in any reasonable manner that does not, in the opinion of Seller, adversely affect the interest of Seller in and to the Property or its interest or rights
<br />under this Agreement. Purchaser shall promptly notify Seller in v✓riting of any pending or threatened investigation, inquiry, claim or action by any
<br />governmental authority which could adversely affect this Agreement, any Property Schedule or the Property thereunder.
<br />10.04 Modifications. Subject to the provisions of this Section, Purchaser shall have the right, at its own expense, to make alterations, additions,
<br />modirications or improvements to the Property. All Such akeratiens, additions, mcdifica ions and improvements shall tLereafter comprise pari of the
<br />Propery and sha!I be Subject to the provisions of this Agreement. Such alterations, a_d;Jors, modficatiorns and improvements shall not in any v✓ay
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