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10. Insurance• <br /> Lessee shall keep the Equipment insured against ALL RISKS <br /> FOR LOSS OR DAMAGE FROM EVERY CAUSE WHATSOEVER FOR NOT LESS THAN THE <br /> BULL REPLACEMENT COST OF THE EQUIPMENT. All such insurance shall be <br /> in such form and shall be placed with such companies as are <br /> satisfactory to Lessor. All insurance for loss or damage to or <br /> resulting from the Equipment shall provide that Lessor's interest <br /> shall be fully protected, and LESSOR SHALL BE NAMED AS AN ADDITIONAL <br /> INSURED PARTY UNDER LESSEE'S POLICIES. Lessee shall pay the premiums <br /> therefor and deliver to Lessor the policies of insurance or <br /> duplicates or certificates thereof, and other evidence, satisfactory <br /> to Lessor, of such insurance coverage. Each insurer shall agree, by <br /> endorsement upon the policy or policies issued by it or by <br /> independent instrument furnished to Lessor, that it will give Lessor <br /> at least 30 days' prior written notice of the effective date of any <br /> amendment or cancellation of any policy. If Lessee fails to procure <br /> or maintain such insurance or to comply with any other provision of <br /> this Lease, Lessor shall have the right, but shall not be obligated, <br /> to obtain such insurance or effect compliance on behalf of Lessee. <br /> In that event, all amounts spent by Lessor in effecting such <br /> insurance or compliance shall be deemed to be additional rent, and <br /> shall be paid by Lessee to Lessor upon demand. <br /> 11. Taxes• <br /> Lessee shall promptly pay when due, all fees, assessments, <br /> charges and taxes (excluding, however, any taxes payable in respect <br /> of Lessor's income) , which may now or hereafter be imposed upon the <br /> ownership, possession, operation, control or use of the Equipment. <br /> 12. Receipt and Condition of Equipment: <br /> LESSEE ACKNOWLEDGES RECEIPT OF ALL OF THE EQUIPMENT AND <br /> THAT THE EQUIPMENT IS ACCEPTABLE TO IT IN ITS PRESENT CONDITION, AS <br /> IS. LESSOR HAS MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES <br /> REGARDING THE EQUIPMENT, AND LESSOR EXPRESSLY DISCLAIMS ALL <br /> WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO <br /> WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. <br /> Lessor shall not be liable to Lessee for any loss, cost, damages or <br /> expense of any kind or nature caused directly or indirectly by any <br /> Equipment, including, but not limited to, loss of anticipatory <br /> profits or any other indirect, special or consequential damages. NO <br /> DEFECT OR UNFITNESS OF THE EQUIPMENT SHALL RELIEVE LESSEE OR ANY <br /> OBLIGATION TO LESSOR UNDER THIS LEASE. <br /> 13. Assignment : <br /> This Lease and all rights of Lessor hereunder shall be <br /> assignable by Lessor without Lessee's consent, but Lessee shall not <br /> be obligated to any assignee of Lessor except after written notice of <br /> such assignment is sent to Lessee. Without the prior written consent <br /> of Lessor, Lessee shall not assign this Lease or its interests <br /> hereunder or enter into any sublease with respect to any of the <br /> Equipment. <br /> 4 <br /> 3 <br />