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neoposb iiiii1 I iiiiiii 1 S r 0 I 10 N S
<br /> premises,with prior reasonable notice or other process of law; FOR A PARTICULAR PURPOSE, ITS FREEDOM FROM
<br /> and (D) require You to pay to Us, on demand as liquidated INFRINGEMENT, OR OTHERWISE. WE PROVIDE THE
<br /> damages and not as a penalty, an amount equal to the sum of: PRODUCTS TO YOU "AS IS," "WHERE IS" AND "WITH
<br /> (i) all Lease Payments and other amounts then due and past ALL FAULTS."
<br /> due; (ii) all remaining Lease Payments for the then-current 15. Limitation of Liability. WE SHALL NOT BE LIABLE
<br /> term, together with any taxes due or to become due during TO YOU AND YOU SHALL NOT MAKE A CLAIM
<br /> such term (which You agree is a reasonable estimate of Our AGAINST US FOR ANY LOSS, DAMAGE (INCLUDING
<br /> damages); and (iii) in the event that You failed to promptly INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
<br /> return the Products to Us, an amount equal to the remaining DAMAGES), OR EXPENSE OF ANY KIND ARISING
<br /> value of the Products at the end of the then-current term, as DIRECTLY OR INDIRECTLY FROM THE DELIVERY,
<br /> reasonably determined by Us. You shall also pay all Our costs INSTALLATION, USE, RETURN, LOSS OF USE,
<br /> in enforcing Our rights under this Lease, including reasonable DEFECT, MALFUNCTION, OR ANY OTHER MATTER
<br /> attorneys' fees and expenses that We incur to take possession, RELATING TO THE PRODUCTS (COLLECTIVELY,
<br /> store, repair, or dispose of the Products, as well as any other "PRODUCT MATTERS"). NOTWITHSTANDING ANY
<br /> expenses that We may incur to collect amounts owed to Us. OTHER PROVISION OF THIS LEASE, EXCEPT FOR
<br /> We are not required to re-lease or sell the Products if We DIRECT DAMAGES RESULTING FROM PERSONAL
<br /> repossess them. These remedies shall be cumulative and not INJURY OR DAMAGE TO TANGIBLE PROPERTY
<br /> exclusive, and shall be in addition to any and all other CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL
<br /> remedies available to Us. MISCONDUCT, THE MAXIMUM OUR LIABILITY TO
<br /> 10. Finance Lease. You agree that this Lease is a "finance YOU FOR DAMAGES HEREUNDER SHALL NOT
<br /> lease" as defined in Article 2A of the Uniform Commercial EXCEED THE TOTAL OF THE AMOUNTS PAID TO US
<br /> Code ("UCC"). To the extent permitted by law, You hereby HEREUNDER BY YOU.
<br /> waive any and all rights and remedies conferred upon You 16. Notice. All notices, requests and other communications
<br /> under UCC Sections 2A-303 and 2A-508 through 2A-522, or hereunder shall be in writing, and shall be addressed to You or
<br /> any similar laws. Us, as applicable and shall be considered given when (i.)
<br /> 11. Loss; Damage;Insurance. You shall: (i)bear the risk of delivered personally, or (ii.) sent by commercial overnight
<br /> loss and damage to the Product(s)for the Initial Term and any courier with written confirmation of delivery.
<br /> Renewal Period; and (ii)keep the Product(s) insured, at Your 17. Integration. The Lease represents the final and only
<br /> expense, against all risks of loss and damage in an amount at agreement between You and Us. There are no unwritten oral
<br /> least equal to its full replacement cost. agreements between You and Us. The Lease can be changed
<br /> 12. Return of Products. Unless You take title to the only by a written agreement between You and Us.
<br /> hardware Products pursuant to Section 22 or Section 23, then 18. Severability. In the event any provision of this Lease
<br /> You are required to return the Products under this Lease. In shall be deemed to be invalid, illegal or unenforceable, the
<br /> such a case, at the end of the Lease, You shall, after receiving validity, legality and enforceability of the remaining
<br /> an Equipment Return Authorization ("ERA") number from provisions shall not in any way be affected or impaired
<br /> Us, promptly send the Products, at Your expense, to any thereby. The parties agree to replace any invalid provision
<br /> location(s) that We designate, in addition to paying Us Our with a valid provision, which most closely approximates the
<br /> then-applicable processing fee. Such Products must be intent and economic effect of the invalid provision.
<br /> properly packed for shipment with the ERA number clearly 19. Waiver or Delay. A waiver of any default hereunder or
<br /> visible,freight prepaid and fully insured,and must be received of any term or condition of this Lease shall not be deemed to
<br /> in good condition,less normal wear and tear. be a continuing waiver or a waiver of any other default or any
<br /> 13. Assignment. YOU SHALL NOT SELL, TRANSFER, other term or condition, but shall apply solely to the instance
<br /> ASSIGN, SUBLEASE, PLEDGE OR OTHERWISE to which such waiver is directed. We may accept late
<br /> ENCUMBER (COLLECTIVELY, "TRANSFER") THE payments, partial payments, checks, or money orders marked
<br /> PRODUCTS OR THIS LEASE IN WHOLE OR IN "payment in full," or with a similar notation, without
<br /> PART. compromising any rights under this Lease.
<br /> 14. Disclaimer of Warranties. WE MAKE NO 20. Survival of Obligations. Your obligations under this
<br /> REPRESENTATIONS OR WARRANTIES OF ANY KIND, Lease shall survive any expiration or termination of any
<br /> EXPRESS OR IMPLIED, REGARDING ANY MATTER government procurement contract that may be related to it.
<br /> WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, Any obligations and duties which by their nature extend
<br /> THE SUITABILITY OF THE PRODUCT(S), ITS beyond the expiration or termination of this Lease shall
<br /> CONDITION, ITS MERCHANTABILITY, ITS FITNESS survive the expiration or termination of this Lease.
<br /> Page 2 of 7 Branch Government Lease T&Cs 5/15/12
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