【正文】 lected by Lessor for shipment to a location in the continental . selected by Lessor. Reasonable wear and tear does not include (i) burns, tears in material or large scratches, gouges, dents, discolorations or stains, (ii) damage to drawers, runners, or locks such that they are not in good working order or (iii) the loss of all keys for any locks.(e) If Lessee shall, for any reason whatsoever, fail to return any Equipment at the time required by the applicable Lease, the obligations of Lessee as provided in such Lease shall continue in effect with respect to such Equipment until such Equipment is returned to the Lessor, and the amount of each Periodic Rent payment shall be equal to the highest Periodic Rent payment during the Lease Term of such Lease. However, this Section 6(e) shall not be construed as permitting Lessee to fail to meet its obligation to return the Equipment in accordance with the requirements of the applicable Lease or constitute waiver of any Default.7. LOSS OR DAMAGE. Lessee shall bear the risk of any disappearance of, damage to or loss of any item of Equipment from any cause whatsoever (a Casualty Occurrence). Lessee shall promptly notify Lessor in writing of any Casualty Occurrence. Upon a Casualty Occurrence: (a) if the affected Equipment is repairable, Lessee shall, at Lessee39。 (b) LESSOR IS NOT THE MANUFACTURER OR SUPPLIER OF THE EQUIPMENT OR THE REPRESENTATIVE OF EITHER。S PURPOSES。s remendations (if any)。s prior written consent.9. REPRESENTATIONS AND WARRANTIES OF LESSEE. Lessee represents and warrants to Lessor that as of the date hereof:(a) Lessee has adequate power and capacity to enter into this Agreement and each Lease, any documents relating to the purchase of Equipment and any other documents required to be delivered in connection herewith or therewith (collectively, the Documents)。 or (iii) result in the creation of any lien, security interest, or other encumbrance upon the Equipment except in favor of the Lessor.(c) All financial data of Lessee or of any consolidated group of panies of which it is a member (Lessee Group) delivered to Lessor have been prepared in accordance with generally accepted accounting principles applied on a consistent basis with prior periods and fairly present the financial position and results of operations of Lessee, or of the Lessee Group, as of the stated date and for the indicated periods. Since the date of the most recently delivered financial data, there has been no material adverse change in the financial or operating condition of the Lessee or of the Lessee Group.(d) If Lessee is a corporation, partnership or limited liability pany, it is and will be validly existing and in good standing under the laws of the state of its organization。s ownership interest therein.(e) Lessor may assign this Agreement and/or any Lease. Lessee waives and agrees not to assert against any assignee any defense, set off, recoupment, claim or counterclaim which Lessee has or may at any time have against Lessor for any reason whatsoever。 provided, that Lessee shall not be obligated to indemnify Lessor for any Losses to the extent resulting from the Lessor39。 or (viii) any representation or warranty made by Lessee or any guarantor herein or in any Lease or in any statement, certificate or agreement furnished in connection therewith shall prove to be untrue in any material respect as of the date made.(b) At any time after a Default hereunder and during the continuance thereof, Lessor may declare this Agreement and each Lease to be in default and at any time thereafter the Lessor may do any one or more of the following: (i) cancel this Agreement and/or all or part of any Lease。 (vii) demand that the Lessee, and in such case the Lessee shall, pay to Lessor as liquidated damages for loss of abargain and not as a penalty (the Liquidated Damages) an amount equal to the sum of (A) all amounts due and unpaid under each Lease (including any indemnity obligations) plus interest thereon from the due date thereof at a per annum interest rate equal to the prime rate of interest then in effect as published in The Wall Street Journal, plus 2 percentage points (the Default Rate:)。 fees and legal expenses。s obligations (other than the amount of the Periodic Rent payments) shall remain unchanged. Fair Market Value or Fair Market Rental means the price or rental which a willing buyer or lessee (who is neither a lessee in possession nor a used equipment dealer) would pay for the Equipment in an arm39。s obligations under each Lease. Lessee waives its right to object to the notice of the time or place of sales or lease and to the manner and place of any advertising. Lessee waives any defense based on statutes of limitations or laches in actions for damages. Lessor39。s rights hereunder or under any Lease (including without limitation all costs of repossession, recovery, storage, repair, sale, release and reasonable attorneys39。 (iii) demand that the Lessee, and in such case the Lessee shall, return all or any part of the Equipment promptly in the manner required by and in accordance with Section 6 hereof as if such Equipment were being returned at the end of the Lease Term。 or (iv) a petition is filed by or against Lessee or any guarantor under Title 11 of the United States Code or any successor or similar law。s most recent quarterly financial report.(g) At the request of Lessor, upon execution of this Agreement and each Equipment Schedule pursuant hereto, Lessee shall provide Lessor with copies of the resolutions or other actions or documents authorizing such execution, certified by an appropriate officer of Lessee and such other documents as Lessor may reasonably request.(h) If more than one Lessee is named in this Lease, the liability of each Lessee shall be joint and several.(i) Lessee hereby agrees that any action by Lessee against Lessor for any default under this Agreement or any Lease shall be menced within one year after the cause of action