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damage or otherwise, shall be made against supplier. Lessor, at its option, may provide in its
<br /> Purchase Order that supplier agrees that any of such claims may be made by Lessee directly
<br /> against suppliers. The obligation of Lessee to pay the rental payments shall not be abated,
<br /> impaired or reduced by reason of any claims of the Lessee with respect to Equipment condition,
<br /> quality, workmanship, delivery, shipment, installation, defects or otherwise. Notwithstanding the
<br /> foregoing, Lessee's obligations to pay the rentals or otherwise under this Lease shall be and are
<br /> absolute and unconditional. All proceeds of any such warranty recovery from the manufacturer
<br /> or supplier of the Equipment shall be first used to repair the affected Equipment. In no event
<br /> shall Lessor be liable to Lessee for loss of anticipatory profits or any other direct, indirect,
<br /> special or consequential damages.
<br /> 18.Risk of Loss. All risk of loss, theft, damage or destruction to each item of
<br /> Equipment shall be borne by Lessee. No such loss, theft, damage or destruction of the
<br /> Equipment, in whole or in part, shall impair the obligations of Lessee under this Agreement, all
<br /> of which shall continue in full force and effect, and Lessee, at Lessor's option, shall either:
<br /> (a)place the affected Equipment in good repair, condition and working order;
<br /> (b) replace the same with like Equipment in good repair, condition and working
<br /> order(with documentation establishing clear title therein in Lessor); or
<br /> (c) pay to Lessor an amount equal to the purchase option price as prescribed in
<br /> Paragraph 21 hereof, less the net amount of the recovery, if any, actually received by Lessor
<br /> from insurance or otherwise for such loss, theft, damage or destruction.
<br /> 19.Insurance. Lessee shall keep the Equipment insured against loss, theft, damage or
<br /> destruction from every cause whatsoever for not less then full replacement value thereof, and
<br /> shall carry public liability and property damage insurance covering the Equipment and its use
<br /> with companies approved by the Lessor. All such insurance shall be in the joint names of Lessor
<br /> and Lessee, with Lessor and Lessee named as loss payees, as their interests may appear, shall
<br /> provide that Lessor shall receive not less than 30 days' notice of any termination, cancellation or
<br /> alteration of the terms thereof and that the coverage afforded Lessor shall not be rescinded,
<br /> impaired or invalidated by any act or neglect of Lessee, and otherwise shall be in form and
<br /> amount and with companies approved by Lessor. Lessee shall pay the premiums therefor and
<br /> delivery said policies, or duplicates thereof or certificates of coverage thereunder, to Lessor. The
<br /> proceeds of hazard insurance shall, at the option of Lessor, be applied toward the repair or
<br /> replacement of the Equipment or the payment of the obligations of Lessee hereunder, as set forth
<br /> in Paragraph 18. The proceeds of any public liability or property damage insurance shall be
<br /> payable first to Lessor to the extent of its liability, if any, and the balance to Lessee. Lessee
<br /> hereby appoints Lessor as Lessee's attorney-in-fact to make claim for, receive payment of, and
<br /> execute or endorse all documents, checks or drafts for loss or damage under any such policy.
<br /> 20.Indemnification. Lessee assumes liability for, and hereby agrees to indemnify,
<br /> protect, keep harmless and defend Lessor, its agents, employees, officers, directors, successors
<br /> and assigns from and against, any and all liabilities, obligations, losses, damages, injuries,
<br /> claims, demands, penalties, actions, costs and expenses, including reasonable court costs and
<br /> attorneys' fees, of whatsoever kind or nature, arising out of, connected with, or resulting from
<br /> this Agreement, the Equipment or its manufacture, selection, transportation, delivery, possession,
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