【正文】
ing reasonable attorneys39。 fees) for the breach thereof。 (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。 (iv) enter, with or without legal process, any premises and take possession of all or any part of the Equipment without any liability to Lessee by reason of such entry。 (v) sell, lease or otherwise dispose of all or any part of the Equipment at a public or private sale, which may be conducted where the Equipment is then located, with or without display of the Equipment。 (vi) declare immediately due and payable all sums due and to bee due under this Agreement and each 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:)。 plus (B) the present value of all future Periodic Rent payments for such Equipment, discounted on an annual basis at the Discount Rate from the scheduled payment dates。 plus (C) the present value of the greater of (x) the anticipated residual value of the affected Equipment at the end of the relevant Lease Term, as determined by the Lessor for purposes of calculating the relevant Periodic Rent and Purchase Option Price or (y) the then expected fair market value of the affected Equipment at the end of the relevant Lease Term, in each case discounted on an annual basis at the Discount Rate from the expiration date of the relevant Lease Term, provided that, notwithstanding the foregoing, if the Purchase Option Price is a fixed amount, the value calculated pursuant to this clause (C) shall not exceed the present value of such fixed Purchase Option Price, discounted on an annual basis at the Discount Rate from the expiration date of the relevant Lease Term。 plus (D) all mercially reasonable costs and expenses incurred by Lessor in enforcing Lessor39。s rights hereunder or under any Lease (including without limitation all costs of repossession, recovery, storage, repair, sale, release and reasonable attorneys39。 fees), together with interest thereon at the Default Rate。 or (viii) exercise any other right or remedy which may be available to it under the UCC or any other applicable law. The proceeds of any sale or lease will be applied in the following order of priorities: (1) to pay all of Lessor39。s expenses in taking, holding, preparing for sale or lease and disposing of Equipment, including all reasonable attorneys39。 fees and legal expenses。 then (2) to pay any late charges and all interest accrued at the Default Rate。 then (3) to pay accrued but unpaid Periodic Rent payments, then (4) to pay any unpaid Rent, Liquidated Damages and all other due but unpaid sums. Any remaining proceeds shall be paid to Lessee. If the proceeds of any sale or lease are not enough to pay the amounts owed to Lessor under this Section, Lessee will pay the deficiency.(c) In case of failure by the Lessee to procure or maintain insurance, or to pay any fees, assessments, charges or taxes arising with respect to the Equipment, Lessor shall have the right, but shall not be obligated, to effect such insurance or pay such fees, assessments, charges or taxes, as the case may be, and, in that event, the cost thereof shall be payable by Lessee to Lessor upon demand, together with interest at the Default Rate from the date of disbursement by Lessor.(d) Lessor39。s remedies for Default may be exercised instead of or in addition to each other or any other legal or equitable remedies. Lessor has the right to set off any sums received from any source (including insurance proceeds) against Lessee39。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 waiver of any Default is not a waiver of its rights with respect to a different or later Default.13. OPTIONS.So long as no Default has occurred and is continuing, upon the expiration of any Lease, Lessee shall have the option (i) to purchase all but not less than all of the Equipment leased under such Lease on an AS IS, WHERE IS basis without representation or warranty, for a cash purchase price equal to the lesser of the Purchase Option Price (plus applicable sales tax) stated on the applicable Equipment Schedule or the Equipment39。s Fair Market Value (plus any applicable sales taxes) determined as of the end of the applicable Lease Term。 or (ii) to extend the Lease Term of such Lease at the then Fair Market Rental of the Equipment for an additional 24 months, or such other term as may be approved by Lessor in its sole discretion. Lessee may exercise the foregoing options only by giving irrevocable written notice thereof to Lessor at least 90 days before the end of the Lease Term or, if the Lease Term has been automatically renewed for one or more monthly periods as provided in Section 3 hereof, at least 30 days before the end of the Lease Term. If the Lease is renewed, the Lessee39。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 length transaction to a willing seller or lessor who is under no pulsion to sell or lease. In determining Fair Market Value, th