OR OTHER SPECIAL PROCEDURES GENERALLY APPLICABLE TO THE
EQUIPMENT, LESSEE SHALL PERMIT LESSOR OR ITS AGENT TO INSPECT THE EQUIPMENT AT
ALL REASONABLE TIMES DURING NORMAL BUSINESS HOURS OF LESSEE AND TO INSPECT ANY
DOCUMENTS AND RECORDS, INCLUDING MAINTENANCE RECORDS, RELATING TO THE EQUIPMENT
AND MAKE ABSTRACTS OR COPIES THEREOF.
8
6.
USE.
LESSEE SHALL USE THE EQUIPMENT IN
A CAREFUL AND PROPER MANNER AND SHALL COMPLY WITH AND CONFORM TO ALL APPLICABLE
LAWS, INSURANCE REQUIREMENTS AND THE OPERATING AND MAINTENANCE INSTRUCTIONS OF
THE SUPPLIER.
7.
QUIET ENJOYMENT.
SO LONG AS NO EVENT
OF DEFAULT HAS OCCURRED AND IS CONTINUING HEREUNDER AND SUBJECT TO SECTION 6
HEREOF, LESSOR WARRANTS PEACEFUL AND QUIET USE AND ENJOYMENT OF THE EQUIPMENT BY
LESSEE AGAINST ACTS OF LESSOR, ANY TRANSFEREE OR ANY PERSON CLAIMING THROUGH OR
UNDER OR ACTING ON BEHALF OF ANY TRANSFEREE.
8.
ACCEPTANCE, WARRANTIES, LIMITATION OF
LIABILITY.
(A)
LESSEE HEREBY ACKNOWLEDGES AND AGREES
THAT:
THE EQUIPMENT, AND THE RIGHTS, TITLE AND INTEREST BEING CONVEYED HEREIN
WITH RESPECT THERETO, ARE BEING CONVEYED AND DELIVERED TO LESSEE "AS IS" AND
"WHERE IS" WITHOUT ANY RECOURSE TO LESSOR AND LESSOR HAS NOT MADE, AND HEREBY
DISCLAIMS, LIABILITY FOR, AND LESSEE HEREBY WAIVES ALL RIGHTS AGAINST LESSOR
RELATING TO, ANY AND ALL WARRANTIES, GUARANTIES, REPRESENTATIONS OR OBLIGATIONS
OF ANY KIND WITH RESPECT THERETO, EITHER EXPRESS OR IMPLIED OR ARISING BY
APPLICABLE LAW OR OTHERWISE, INCLUDING (A) ANY EXPRESS OR IMPLIED WARRANTIES,
GUARANTIES, REPRESENTATIONS OR OBLIGATIONS OF, ARISING FROM OR IN (1)
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, (2) COURSE OF
PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, (3) QUALITY OF WORKMANSHIP OR
THE PROVISIONS OF ANY SUPPLY CONTRACT WITH SUPPLIER OR (4) TORT (WHETHER OR NOT
ARISING FROM THE ACTUAL, IMPLIED OR IMPUTED NEGLIGENCE OF LESSOR OR STRICT
LIABILITY) OR UNDER THE UCC OR OTHER APPLICABLE LAW WITH RESPECT TO THE
EQUIPMENT, INCLUDING TITLE THERETO (INCLUDING ANY WARRANTY OF GOOD OR MARKETABLE
TITLE OR FREEDOM FROM LIENS), FREEDOM FROM TRADEMARK, PATENT OR COPYRIGHT
INFRINGEMENT, LATENT DEFECTS (WHETHER OR NOT DISCOVERABLE), CONDITION,
MANUFACTURE, DESIGN, SERVICING OR COMPLIANCE WITH APPLICABLE LAW AND (B) ALL
OBLIGATIONS, LIABILITY, RIGHTS AND REMEDIES, HOWSOEVER ARISING UNDER ANY
APPLICABLE LAW WITH RESPECT TO THE MATTERS WAIVED AND DISCLAIMED, INCLUDING FOR
LOSS OF USE, REVENUE OR PROFIT WITH RESPECT TO THE EQUIPMENT, OR ANY LIABILITY
OF LESSEE OR LESSOR TO ANY THIRD PARTY, OR ANY OTHER DIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES; ALL SUCH RISKS, AS BETWEEN LESSOR AND LESSEE, ARE TO BE
BORNE BY LESSEE; LESSEE ACKNOWLEDGES AND AGREES THAT THE EQUIPMENT HAS BEEN
SELECTED BY LESSEE ON THE BASIS OF ITS OWN JUDGMENT, AND LESSEE HAS NOT ASKED
FOR, BEEN GIVEN OR RELIED UPON THE SKILL OR OPINION OF, OR ANY STATEMENTS,
REPRESENTATIONS, GUARANTIES OR WARRANTIES BY, LESSOR OR ITS AGENTS OR
REPRESENTATIVES IN RELATION THERETO.
LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT
LESSOR IS NOT IN THE BUSINESS OF OPERATING, TRANSPORTING, DISPOSING,
MANUFACTURING, ASSEMBLING OR SUPPLYING EQUIPMENT OR OTHERWISE IN THE BUSINESS OF
BEING A VENDOR BUT IS