Ownership. The parties agree that this Lease Agreement creates a lease of personal property, rather than a security interest, within the meaning of California Uniform Commercial Code Section 1203, and that the Initial Term is less than the remaining economic life of the Leased Equipment. No title or right in the Leased Equipment shall pass to
Lessee Co-Lessees except the rights herein expressly granted. Plates or other markings may be affixed to or placed on the Leased Equipment by Lessor or at Lessor's re
...asonable request, by Lessee Co-Lessees at Lessee's Co-Lessees' expense, indicating the Lessor is the owner thereof, and Lessee Co-Lessees will not remove the same. Upon the termination of the Initial Term, except as provided in paragraph 6 below, Lessee Co-Lessees will immediately crate, insure, and ship the Leased Equipment and operating manuals to whatever destination Lessor shall direct, direct within the continental United States, all at Lessee's Co-Lessees' expense, in as good condition as received less normal wear and tear, said destination to be confirmed by Lessee Co-Lessees prior to shipment. Lessee agrees Co-Lessees agree to pay Lessor monthly rent at the rate specified for the Term for any month or part thereof from the end of the Term until the Leased Equipment is shipped by Lessee. Co-Lessees. Said Leased Equipment shall always remain and 3 be deemed personal property even though attached to realty. Lessee Co-Lessees shall maintain each unit of Leased Equipment so that it may be removed from the building in which it is placed without material damage to the building. All replacements, accessories, or capital improvements made to or placed in or upon said Leased Equipment shall become component parts thereof and title thereto shall immediately vest in Lessor and shall be included under the terms hereof. Lessee agrees Co-Lessees agree that Lessor is authorized, at its option, to file financing statements or amendments thereto without the signature of Lessee Co-Lessees with respect to any or all of the Leased Equipment and, if a signature is required by law, then Lessee appoints Co-Lessees appoint Lessor as Lessee's Co- Lessees' attorney-in-fact for the purpose of executing any such financing statements and further agrees agree to pay the Lessor a reasonable documentation fee to cover the expense of making such filing(s). Lessee filing(s), not to exceed $500 in each case. Co-Lessees further agrees agree to itself execute such documents and take such action, as Lessor may reasonably request to protect Lessor and Lessor's lenders and carve out the interest from any owner or encumbrancer of the real property on which the Leased Equipment shall be installed or located, waiving any claim of interest in the Leased Equipment and consenting to its removal upon the expiration or sooner termination of this Lease Agreement. 3 If Lessee rents Co-Lessees rent the Equipment Location Locations specified above, Lessee Co-Lessees shall obtain a signed waiver from Lessee's Co-Lessees' landlord (and, if applicable, from such landlord's mortgagee) in favor of Lessor substantially in the form attached hereto as Addendum III. II. If Lessee has Co-Lessees have one or more secured lenders, Lessee Co-Lessees will, upon the request of Lessor, provide Lessor with a release of collateral relating to the Leased Equipment executed by each such secured lender and file appropriate UCC financing statement amendments to delete the Leased Equipment from the financing statements filed by each such secured lender.
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Ownership. The parties agree that
this each Lease
Agreement creates a lease of personal property, rather than a security interest, within the meaning of California Uniform Commercial Code Section 1203, and that the Initial Term
of each unit of Leased Equipment is less than the remaining economic life of
the such Leased Equipment. No title or right in
the any Leased Equipment shall pass to Lessee except the rights
herein expressly
granted. Plates or other markings may be affixed to or placed on the Leased E...quipment by Lessor or at Lessor's reasonable request, by Lessee at Lessee's expense, indicating the Lessor is the owner thereof, and Lessee will not remove the same. granted in a Lease. Upon the termination of the an Initial Term, except as provided in paragraph 6 below, Section 7, Lessee will immediately promptly crate, insure, and ship the applicable Leased Equipment and operating manuals to whatever destination in the continental United States Lessor shall direct, all at Lessee's reasonable expense, in as good condition as received existing on the Lease Date less normal wear and tear, said destination to be confirmed by Lessee prior to shipment. Lessee agrees to pay Lessor monthly rent for Leased Equipment at the rate specified for the applicable Term on a pro rata basis for any month or part thereof from the end of the applicable Term until the such Leased Equipment is shipped by Lessee. Said Leased Equipment shall always remain and be deemed personal property even though attached to realty. Lessee shall maintain each unit of Leased Equipment so that it may be removed from the building in which it is placed without material damage to the building. All replacements, accessories, or capital improvements made to or placed in or upon said Leased Equipment that cannot be removed without causing material damage to the Leased Equipment shall become component parts thereof and title thereto shall immediately vest in Lessor and shall be included under the terms hereof. Lessee agrees that Lessor is authorized, at its option, to file financing statements or amendments thereto without the signature of Lessee with respect to any or all of the Leased Equipment and, if a signature is required by law, then Lessee appoints Lessor as Lessee's attorney-in-fact for the purpose of executing any such financing statements and further agrees to pay the Lessor a reasonable documentation fee to cover the expense of making such filing(s). Lessee further agrees to itself execute such documents and take such action, as Lessor may reasonably request to protect Lessor and Lessor's lenders and carve out the interest from any owner or encumbrancer of the real property on which the Leased Equipment shall be installed or located, waiving any claim of interest in the applicable Leased Equipment and consenting to its removal upon the expiration or sooner termination of this Lease Agreement. 3 If Lessee rents the Equipment Location specified above, Lessee shall obtain a signed waiver from Lessee's landlord (and, if applicable, from such landlord's mortgagee) in favor of Lessor substantially in the form attached hereto as Addendum III. applicable Lease. If Lessee has one or more secured lenders, Lessee will, upon the request of Lessor, provide Lessor with a release of collateral relating to the Leased Equipment executed by each such secured lender and file appropriate UCC financing statement amendments to delete the Leased Equipment from the financing statements filed by each such secured lender.
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