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neoposb iiiii1 I iiiiiii 1 S r 0 I 10 N S 21. Choice of Law;Venue; and Attorney's Fees. This Lease rate equal to six percent(6%)per annum. Such amount must shall be construed in accordance with, and all disputes hereunder be received by Us within thirty (30)days of the effective date shall be governed by,the laws of the State of Connecticut,excluding of the termination. its conflict of law rules. The state and federal courts in Hartford 25. Additional Postage Meter Terms. If the Products County in the State of Connecticut shall have the exclusive require a postage meter, then You agree that Neopost USA's jurisdiction and venue over all controversies arising out of,or relating Postage Meter Rental Agreement shall govern your rental of to,this Lease.The prevailing party shall be entitled to an award such postage meter. of reasonable attorney's fees and costs and the court shall be authorized to award such amounts. 22. FMV Leases. If this Lease is a fair market value lease, POSTAGE METER RENTAL AGREEMENT as indicated by the lease rate that has been used by Us to calculate Your Lease Payment then,unless You are in default, 1. Incorporation of Certain Terms. Customer You may elect to purchase the hardware Products at the end of acknowledges that: (i) it has entered a Product Lease with this Lease on an "as is, where is" basis for their fair market MailFinance Inc. (the"Lease");and(ii)if the Products that are value, as reasonably determined by Us. In the event that You subject to the Lease includes a mailing machine, then the elect to do so, You must give us sixty (60) days prior written terms of this Postage Meter Rental Agreement ("Rental notice of Your election to purchase such Products. Agreement") shall govern its rental of the Postage Meter (as 23. LTOP Leases. If this Lease is a lease to purchase, as defined below) for such machine. Any defined terms in the indicated by the lease rate that has been used by Us to Lease shall have the same meanings in this Rental Agreement, calculate Your Lease Payments then, at the end of the Initial except that "We," "Us," and "Our," refers to Neopost USA Term and after You have made all of the Lease Payments, We Inc. Sections 13, 14 and 17 through 25 of the Lease are hereby shall transfer title to all hardware Products that are subject to incorporated into this Rental Agreement, except that any this Lease to You on an"as is,where is"basis. reference in those sections to the "Lease" refer to this Rental 24. Termination. Agreement. 24.1Non-Appropriation. 2. Provisions as to Use. You acknowledge that: (i) as required by United States Postal Service ("USPS") a. You warrant and represent that You intend meter(s) identified on the order form to enter into this Lease for at least the entire Initial Term and regulations, the postage(the"Postage Meter")is being rented to You and that it is Our that You are doing so for an essential government purpose. You agree that,prior to the expiration of the Initial Term,you property; (ii) the Postage Meter will be surrendered by You shall not terminate this Lease in order to obtain the same or upon demand by Us (iii) You are responsible for the control similar equipment from another vendor. and use of the Postage Meter; (iv) You will comply with all applicable laws regarding Your use or possession of the b. You may terminate this Lease at the end of Postage Meter; (v) the use of the Postage Meter is subject to Your current fiscal year,or at the end of any subsequent fiscal the conditions established from time to time by the United year,if appropriated funds are not available to You for the States Postal Service; and(vi)the Postage Meter is to be used Lease Payments that will be due in the next fiscal year.In the only for generating an indicia to evidence the prepayment of event of such a non-appropriation,then You shall provide written notice to Us that states: postage and to account for postal funds. It is a violation of Federal law to misuse or tamper with the Postage Meter and,if Sufficient funds have not been and will not You do so, We may terminate this Rental Agreement upon be appropriated for the remaining payments notice to You. due under the Lease. I confirm that we will 3. Rental Fee, Term, and Taxes. The rental fee for the not replace the Equipment with similar Postage Meter rental during the Initial Term is included in the equipment from any other party in the Lease Payment. For each Renewal Term, You agree to pay succeeding fiscal year. Our then-current fee for the Postage Meter rental. The Postage Meter rental fee does not include the cost of 24.2 Convenience. You may terminate this consumable supplies. The term of the rental shall be equal to Lease at anytime and for any reason or for no reason the term of the Lease and is NON-CANCELABLE. You ("Termination for Convenience"); provided that You comply agree to pay all applicable taxes related to Your acquisition, with the provisions of this paragraph. In the event of a possession, and/or use of the Postage Meter including all Termination for Convenience, You shall pay Us a termination property taxes on the Postage Meter. Furthermore, You agree charge equal to the net present value of the periodic payments to pay the applicable fee to cover Our expenses associated remaining in the Initial Term or,if applicable,the then-current with the administration, billing and tracking of such charges Renewal Term, discounted to the present value at an interest and taxes. You agree that you will return the Postage Meter at Page 3 of 7 Branch Government Lease T&Cs 5/15/12 NEOPOST IUSA I !i?�8 W1 II EERS hFAl=i�rIS R(',)AII 1: f;1 01(,34 51. 1 T1 203 0( 3,1100: I