SCHEDULES.
4.3.
LATE CHARGE. IF ANY RENT IS NOT RECEIVED BY
LESSOR OR ITS ASSIGNEES WHEN DUE THEN A LATE CHARGE ON SUCH RENT SHALL BE DUE
AND PAYABLE WITH SUCH RENT IN AN AMOUNT EQUAL TO ONE AND ONE-HALF PERCENT (1.5%)
OF THE CAPITALIZED EQUIPMENT COST, AS DEFINED IN THE LEASE SCHEDULE, AS
REIMBURSEMENT FOR ADMINISTRATIVE COSTS AND NOT AS A PENALTY.
4.4.
ACH. LESSEE SHALL COMPLETE, EXECUTE AND
DELIVER TO LESSOR AN AUTHORIZATION FOR AUTOMATIC PAYMENT FORM, WHICH AUTHORIZES
LESSOR TO INITIATE VARIABLE ENTRIES TO LESSEE'S CHECKING OR SAVINGS ACCOUNT AT A
SPECIFIED FINANCIAL INSTITUTION FOR THE PURPOSE OF MAKING PAYMENTS TO LESSOR AS
CONTEMPLATED BY THIS LEASE AND THE LEASE SCHEDULES.
4.5.
DOCUMENTATION COSTS. LESSEE AGREES TO
REIMBURSE LESSOR FOR ITS DOCUMENTATION COSTS FOR EACH LEASE SCHEDULE IN AN
AMOUNT OF NOT LESS THAN $2,500.00 PER LEASE SCHEDULE, WHICH SHALL BE DUE AND
PAYABLE ON OR BEFORE THE LEASE SCHEDULE'S FIRST PAYMENT OF BASIC RENT.
4.6.
OTHER EXPENSES AND CHARGES. IN CONNECTION WITH
THE CLOSING OF EACH TRANSACTION, LESSEE ALSO AGREES TO PAY ALL OF LESSOR'S
OUT-OF-POCKET EXPENSES (NOT TO EXCEED $2,500.00 PER LEASE SCHEDULE) IN
CONNECTION WITH THE CLOSING OF EACH TRANSACTION, INCLUDING WITHOUT LIMITATION:
(I) ANY FEES AND COSTS OF LEGAL COUNSEL UTILIZED BY LESSOR (INCLUDING IN-HOUSE
COUNSEL); AND (II) ALL OTHER OUT-OF-POCKET EXPENSES INCURRED BY OR ON BEHALF OF
LESSOR.
4.7.
IMPOSTS. IN ADDITION TO THE MONTHLY BASIC RENT
DUE IN EACH LEASE SCHEDULE, LESSEE AGREES TO PAY AND INDEMNIFY LESSOR FOR, AND
HOLD LESSOR HARMLESS FROM AND AGAINST ALL TAXES, ASSESSMENTS, FEES AND CHARGES
(HEREINAFTER CALLED "IMPOSTS") TOGETHER WITH ANY PENALTIES, FINES OR INTEREST
THEREON LEVIED AND IMPOSED BY ANY GOVERNMENTAL AGENCY OR UNIT (STATE, LOCAL,
FEDERAL, DOMESTIC OR FOREIGN), REGARDLESS OF PARTY ASSESSED AGAINST: (I) WITH
RESPECT TO THE LEASE OR ANY LEASE SCHEDULE; (II) UPON THE EQUIPMENT, ITS VALUE
OR ANY INTEREST OF LESSOR AND/OR LESSEE THEREIN; (III) UPON OR ON ACCOUNT OF ANY
SALE, RENTAL PURCHASE, OWNERSHIP, POSSESSION, USE, OPERATION, MAINTENANCE,
DELIVERY OR RETURN OF THE EQUIPMENT OR VALUE ADDED THERETO, OTHER THAN TAXES
IMPOSED ON OR MEASURED BY THE NEXT INCOME OR CAPITAL OF LESSOR. THE AMOUNT OF
THE IMPOST SHALL BECOME SUPPLEMENTAL RENT TO BE PAID BY LESSEE UPON LESSOR'S
DEMAND. IF ANY IMPOST RELATES TO A PERIOD DURING THE TERM OF A LEASE SCHEDULE
SUCH IMPOST SHALL CONTINUE, NOTWITHSTANDING THE EXPIRATION OR TERMINATION OF THE
LEASE OR THE LEASE SCHEDULE, UNTIL ALL SUCH IMPOSTS ARE PAID IN FULL BY LESSEE.
2
4.8.
LESSOR'S PERFORMANCE OF LESSEE'S OBLIGATIONS.
IF LESSEE FAILS TO COMPLY WITH ANY OF ITS COVENANTS OR OBLIGATIONS HEREIN,
LESSOR MAY, AT ITS OPTION, PERFORM SUCH COVENANTS OR OBLIGATIONS ON LESSEE'S
BEHALF WITHOUT THEREBY WAIVING SUCH CONDITIONS OR OBLIGATIONS OR THE FAILURE TO
COMPLY THEREWITH AND ALL SUMS ADVANCED BY LESSOR IN CONNECTION THEREWITH SHALL
BE REPAYABLE BY LESSEE AS ADDITIONAL CHARGES. NO SUCH PERFORMANCE SHALL BE
DEEMED TO RELIEVE LESSEE OF ITS OBLIGATIONS HEREIN.
5.
CERTIFICATE OF DELIVERY AND ACCEPTANCE.
LESSEE SHALL DELIVER TO