of the Total Purchase
Price, and a fixed price renewal option of n/a____% of the periodic Rental
Payment.
YES __X___
NO __ __
Rental Payment:
$114,725.31
The First Rental Payment shall consist of the sum of the following:
one (1)
Rental Payment; Advance Rent (if any); an amount equal to 1/30th of the Rental
Payment multiplied by the number of days from and including the Commencement
Date to, but excluding, the First Rental Payment Due Date.
THE TERMS AND CONDITIONS OF THE FOREGOING OPTIONS AND OTHER IMPORTANT PROVISIONS
ARE SET FORTH IN THIS SCHEDULE.
First Rental Payment Due Date:
The first day of the month immediately following
the month in which the Commencement Date for the last leased item to be
installed under this Equipment Schedule occurs (the Last Commencement Date).
However, if the Last Commencement Date falls on the first day of the month,
that date will be the First Rental Payment Date.
Subsequent Rental Payment Due Date: The 1st day of each month
Latest Commencement Date:
August 15, 2002
THIS SCHEDULE SHALL BE GOVERNED BY THE TERMS AND CONDITIONS OF THE MASTER
EQUIPMENT LEASE AGREEMENT REFERENCED BY THE LEASE NUMBER SPECIFIED ABOVE
(AGREEMENT) BY AND BETWEEN LESSEE, AS LESSEE, AND LESSOR OR AT&T CAPITAL
CORPORATION OR ANY AFFILIATE OR SUBSIDIARY THEREOF, AS LESSOR, AND THE TERMS AND
CONDITIONS SET FORTH HEREIN.
PURSUANT TO SUCH TERMS AND CONDITIONS (WHICH
LESSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS), LESSEE AGREES TO LEASE
FROM LESSOR (AS SPECIFIED BELOW) AND LESSOR AGREES TO LEASE TO LESSEE THE ABOVE
REFERENCED EQUIPMENT.
IT IS FURTHER UNDERSTOOD AND AGREED THAT THE TERMS AND
CONDITIONS OF THIS SCHEDULE MAY BE DIFFERENT FROM THE TERMS AND CONDITIONS OF
PRIOR SCHEDULES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, LESSEE WAIVES ANY
AND ALL RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY ARTICLE 2A OF THE UCC AND
ANY RIGHTS NOW OR HEREAFTER CONFERRED BY STATUTE OR OTHERWISE THAT MAY LIMIT OR
MODIFY THE LESSOR'S RIGHTS AS DESCRIBED IN THE AGREEMENT, THIS SCHEDULE OR ANY
OTHER FUNDAMENTAL AGREEMENT (AS DEFINED IN THE AGREEMENT).
THIS SCHEDULE, THE MASTER EQUIPMENT LEASE AGREEMENT REFERENCED BY THE LEASE
NUMBER SPECIFIED ABOVE (AGREEMENT) AND ALL OTHER FUNDAMENTAL AGREEMENTS (AS
DEFINED IN THE AGREEMENT) EXECUTED BY BOTH LESSOR AND LESSEE CONSTITUTE THE
ENTIRE AGREEMENT BETWEEN LESSOR AND LESSEE RELATING TO THE LEASING OF THE ABOVE
REFERENCED EQUIPMENT AND SUPERSEDE ALL PRIOR AGREEMENTS RELATING THERETO,
WHETHER WRITTEN OR ORAL, AND MAY NOT BE AMENDED OR MODIFIED EXCEPT IN A WRITING
SIGNED BY THE PARTIES HERETO.
DIGITAL LIGHTWAVE, INC.
CIT TECHNOLOGIES CORPORATION
Lessee
Lessor
By:______________________________________________________________
By:_____________________________________________________________
(Lessee Authorized Signature)
(Lessor Authorized Signature)
________________________________________________________________
________________________________________________________________
(Type/Print Name and Title)
(Type/Print Name and Title)
Date:___________________________________________________________
Date:____________________________________________________________
The terms and conditions shall apply to the Fair Market Value Purchase Option
and Fair Rental Value Renewal Option on the first page of this Schedule;
provided, however, that if Lessee selects this option, the Tax Indemnity
provision set forth in Section 4 below shall apply to this Schedule.
Capitalized terms used