EQUIPMENT.
9.3.
ACCESSIONS. LESSEE AGREES THAT IF ANY PART OF
THE EQUIPMENT IS PHYSICALLY ATTACHED TO OTHER PERSONAL PROPERTY THAT THE
EQUIPMENT SHALL NOT LOSE ITS IDENTITY AND SHALL CONSTITUTE AN ACCESSION. LESSOR
SHALL AT ALL TIMES HEREIN RETAIN ITS INTERESTS IN THE EQUIPMENT AND SUCH
INTEREST SHALL CONTINUE TO BE PERFECTED NOTWITHSTANDING ITS BECOMING AN
ACCESSION.
9.4.
LIENS AND ENCUMBRANCES. UNLESS OTHERWISE
PROVIDED HEREIN, LESSEE SHALL NOT DIRECTLY OR INDIRECTLY CREATE, INCUR OR SUFFER
A MORTGAGE, CLAIM, LIEN, CHARGE, ENCUMBRANCE OR THE LEGAL PROCESS OF A CREDITOR
OF LESSEE OF ANY KIND UPON OR AGAINST THIS LEASE OR ANY UNIT. LESSEE SHALL AT
ALL TIMES PROTECT AND DEFEND, AT ITS OWN COST AND EXPENSE, THE TITLE OF LESSOR
FROM AND AGAINST SUCH MORTGAGES, CLAIMS, LIENS, CHARGES, ENCUMBRANCES AND LEGAL
PROCESSES OF CREDITORS OF LESSEE AND SHALL KEEP ALL THE EQUIPMENT FREE AND CLEAR
FROM ALL SUCH CLAIMS, LIENS AND LEGAL PROCESSES. IF ANY SUCH LIEN OR ENCUMBRANCE
IS INCURRED, LESSEE SHALL IMMEDIATELY NOTIFY LESSOR AND SHALL TAKE ALL ACTIONS
REQUIRED BY LESSOR TO REMOVE THE SAME.
10.
RETURN OF EQUIPMENT.
10.1.
DUTY OF RETURN. AT THE EXPIRATION OF ANY TERM OR
UPON TERMINATION OF THE LEASE, LESSEE AT ITS EXPENSE SHALL RETURN ALL OF THE
EQUIPMENT TO LESSOR OR ITS DESIGNEE AT THE LESSOR'S DISTRIBUTION FACILITY IN LAS
VEGAS, NEVADA, IN ACCORDANCE WITH APPROPRIATE GAMING LAWS AND REGULATIONS AND
THE TERMS AND CONDITIONS OF THE LEASE SCHEDULE. THE EQUIPMENT SHALL INCLUDE ALL
PARTS, ACCESSORIES, ATTACHMENTS, ETC. ORIGINALLY DELIVERED TO LESSEE AND SHALL
CONFORM TO ALL OF THE MANUFACTURER'S SPECIFICATIONS AND GAMING LAWS AND
REGULATIONS WITH RESPECT TO NORMAL FUNCTION, CAPABILITY, DESIGN AND CONDITION
LESS NORMAL WEAR AND TEAR. THE TERMS "NORMAL WEAR AND TEAR" INCLUDES MINOR
SCRATCHES, DENTS, AND CHIPS TO THE EXTERIOR OF THE DEVICE AND WEAR TO THE
INTERIOR COMPONENTS OF THE EQUIPMENT THAT IS CONSISTENT WITH COMPONENTS OF
COMPARABLY AGED MACHINES. UPON RETURN OF THE EQUIPMENT, LESSEE AGREES TO
REIMBURSE LESSOR FOR THE FULL RETAIL COST OF THE EQUIPMENT CONSISTING OF GAMING
DEVICES THAT IS NON-FUNCTIONING OR MISSING COMPONENTS INCLUDING, BUT NOT LIMITED
TO, COMPONENTS AT THE FOLLOWING INDICATED REIMBURSEMENT RATE, (1) DOOR $400.00;
(II) VALIDATOR HEAD $550.00; (III) VALIDATOR CAN $245.00; (IV) MONITOR $250.00;
(V) CIRCUIT BOARD $420.00; (VI) HOPPER $350.00; (VII) GLASS PANELS $300.00 EACH.
10.2.
FAILURE TO RETURN. IF LESSEE FAILS TO RETURN THE
EQUIPMENT OR ANY PORTION THEREOF, AS PROVIDED ABOVE, WITHIN FOURTEEN (14) DAYS
FOLLOWING EXPIRATION OF ANY TERM OR TERMINATION OF THE LEASE, THEN LESSEE SHALL
PAY TO LESSOR AN ADDITIONAL MONTH'S RENT FOR EACH MONTH, OR ANY PORTION THEREOF,
THAT LESSEE FAILS TO COMPLY WITH THE TERMS OF THIS RETURN PROVISION, UNTIL ALL
OF THE EQUIPMENT IS RETURNED, AS PROVIDED HEREIN.
5
11.
RISK OF LOSS, INSURANCE.
11.1.
RISK OF LOSS. LESSEE SHALL BEAR THE RISK OF ALL
LOSS OR DAMAGE TO ANY UNIT OR CAUSED BY ANY UNIT DURING THE PERIOD FROM THE TIME
THE UNIT IS SHIPPED BY LESSOR OR THE UNIT'S VENDOR UNTIL THE TIME