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16.3 This Agreement and all Supplements entered into hereunder shall be governed by and construed in accordance with the laws of the State
<br /> of Indiana.
<br /> 16.4 All notices relating to this Agreement and Supplements entered into hereunder shall be in writing and shall be mailed registered or
<br /> certified mail, return receipt requested, to LESSOR or LESSEE at the address set forth in the first paragraph hereof or at such other
<br /> address as may hereafter be designated. All such notices shall be deemed effective when received by the party to whom the notice is
<br /> given.
<br /> 16.5 This Agreement, together with the Supplements and Delivery Receipts, constitutes the entire agreement between the parties and any
<br /> change or modification thereto must be in writing and signed by the parties hereto. Capitalized terms used in this Agreement which are
<br /> not defined herein shall have the meanings given to them in the Supplements.
<br /> 16.6 LESSEE agrees to deliver to LESSOR within sixty(60)days of June 30 of each year,a copy of LESSEE's annual financial report. Upon
<br /> request,LESSEE will deliver to LESSOR copies of such monthly and/or quarterly financial reports as LESSEE regularly produces.
<br /> 16.7 No covenant or condition in this Agreement can be waived except by written consent of LESSOR. Forbearance, delay, omission or
<br /> indulgence by LESSOR in any regard whatsoever shall not constitute a waiver of the covenant or condition to be performed by LESSEE.
<br /> LESSOR shall be entitled to invoke any remedy available to LESSOR under this Agreement or law or in equity at any time despite
<br /> previous forbearance or indulgence.
<br /> 16.8 All Equipment is, and at all times will be and remain, personal property regardless of whether it becomes affixed or attached to real
<br /> property or permanently rests upon any real property or any improvement thereof. LESSEE will execute all agreements and other
<br /> documents and will secure the execution of any other documents deemed necessary by LESSOR from time to time in recordable form,
<br /> confirming the Equipment is affixed or attached and LESSEE will record such agreements and documents as required by LESSOR.
<br /> 16.9 LESSOR makes no representation,express or implied,concerning the legal character of this transaction for tax or other purposes.
<br /> 16.10 LESSOR shall not be responsible to LESSEE for any third party service contracts or other agreements and any default in performance
<br /> under such contracts or agreements shall in no way effect LESSEE's obligations to LESSOR.
<br /> 17. Maintenance, Use and Operation of Vehicles. With respect to all cars, trucks, motor vehicles and accessories and attachments thereto
<br /> ("Vehicles")leased pursuant to this Agreement,LESSEE agrees as follows:
<br /> 17.1 LESSEE shall comply with all applicable laws, ordinances and regulations relating to the use, maintenance and operation of the
<br /> Vehicles,including but not limited to any requirement for periodic inspections. Any fines,charges,penalties or forfeitures imposed by
<br /> any governmental authority upon any Vehicle or any driver thereof,shall be paid immediately by LESSEE.
<br /> 17.2 LESSEE shall, at all times(i)use and operate the Vehicles in a careful manner;(ii)permit only experienced licensed drivers,who shall
<br /> be employees of LESSEE,to operate the Vehicles;(iii)require such drivers to operate the Vehicles in a lawful and careful maiuier;(iv)
<br /> use the Vehicles within their rated capacity and not overload them or use them for hire without LESSOR's prior written approval;(v)not
<br /> use the Vehicles illegally or for pushing or towing of another vehicles;(vi)not use the Vehicles in any manner which would cause any
<br /> insurance covering the Vehicles to be suspended while the Vehicle is so used.
<br /> 17.3 LESSEE shall keep and maintain the Vehicles,at LESSEE's expense,in good running order and repair,properly serviced and lubricated,
<br /> in accordance with all recommendations of the manufacturer. LESSEE shall make all replacements of any components or parts with
<br /> components and parts of an equivalent size,type and quality as originally supplied on the Vehicle.
<br /> 17.4 LESSEE shall be solely responsible and pay for any and all costs and expenses in connection with the use,maintenance,parking,storage
<br /> and operation of the Vehicles.
<br /> 17.5 LESSEE shall not directly or indirectly,create or incur or allow to be created or incurred any mortgage,lien,charge or encumbrance of
<br /> any kind on the Vehicles or any of its rights hereunder, and if any such mortgage lien, charge or encumbrance shall come to exist,
<br /> LESSEE at its sole cost and expense shall immediately remove the same.
<br /> 17.6 LESSEE shall immediately notify LESSOR and the insurer if any Vehicle is involved in an accident or collision.
<br /> 17.7 LESSEE shall notify LESSOR in writing of any change in possession or garage location of the Vehicles,and upon request,of the name
<br /> and address of the person using the Vehicle.
<br /> 17.8 Any alterations or modifications which are required to be made to the Vehicles in order to comply with any applicable law or
<br /> governmental rule or regulation shall be made by LESSEE at its sole expense. Otherwise,LESSEE shall not,without the prior written
<br /> consent of LESSOR;(i)affix or install any accessory to the Vehicle if such addition will impair the originally intended function, use or
<br /> value of the Vehicle;(ii)make any substantive change to or alteration of the Vehicle;or(iii)place any sign,lettering or other legend on
<br /> the Vehicle, but not including LESSEE's official seal and other lettering identifying the LESSEE. Any signs, lettering or markings
<br /> placed on a Vehicle shall be removed by LESSEE with the Vehicle being restored to its original condition and quality at the termination
<br /> EEF40180 New 3/17/00
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