OF WHICH SHALL
IMMEDIATELY BECOME THE PROPERTY OF LESSOR AND SUBJECT TO THIS LEASE.
8.1.3.
LESSEE SHALL COMPLY WITH MANUFACTURER INSTRUCTIONS
RELATING TO THE EQUIPMENT; AND ANY APPLICABLE LAWS AND GOVERNMENTAL REGULATIONS.
8.1.4.
LESSEE SHALL PAY ALL COSTS AND EXPENSES ASSOCIATED
WITH REMOVAL AND RETURN OF THE EQUIPMENT.
8.2.
IDENTIFICATION AND INSPECTION.
UPON REQUEST
BY LESSOR, LESSEE SHALL MARK EACH UNIT CONSPICUOUSLY WITH APPROPRIATE LABELS OR
TAGS FURNISHED BY LESSOR AND MAINTAIN SUCH MARKINGS THROUGH THE TERM TO CLEARLY
DISCLOSE THAT SAID UNIT IS BEING LEASED FROM LESSOR. SUBJECT TO LESSEE'S
REASONABLE SECURITY REQUIREMENTS, LESSEE SHALL PERMIT LESSOR'S REPRESENTATIVES
TO ENTER THE PREMISES WHERE ANY UNIT IS LOCATED TO INSPECT SUCH UNIT.
9.
LOCATION, PROPERTY RIGHTS, AND LIENS.
9.1.
PERSONAL PROPERTY. ALL OF THE EQUIPMENT IS
PERSONAL PROPERTY AND LESSEE SHALL NOT AFFIX ANY OF THE EQUIPMENT TO REALTY SO
AS TO CHANGE ITS NATURE TO A FIXTURE OR REAL PROPERTY AND AGREES THAT ALL OF THE
EQUIPMENT SHALL REMAIN PERSONAL PROPERTY DURING THE TERM. THE EQUIPMENT IS, AND
SHALL AT ALL TIMES REMAIN REMOVABLE FROM THE PREMISES. LESSEE AGREES THAT THE
EQUIPMENT IS NOT ESSENTIAL TO THE PREMISES. LESSOR EXPRESSLY RETAINS OWNERSHIP
AND TITLE TO THE EQUIPMENT.
LESSEE HEREBY AGREES THAT IT SHALL BE RESPONSIBLE
FOR ALL OF LESSOR'S OBLIGATIONS AS REQUIRED BY THE STATE GAMING LAWS AND
REGULATIONS REGARDING MAINTENANCE, USE, POSSESSION AND OPERATION OF THE
EQUIPMENT. LESSEE HEREBY AUTHORIZES, EMPOWERS, AND GRANTS A LIMITED POWER OF
ATTORNEY TO LESSOR TO RECORD AND/OR EXECUTE AND FILE, ON LESSEE'S BEHALF, ANY
CERTIFICATES, MEMORANDUMS, STATEMENTS, REFILING, AND CONTINUATIONS THEREOF AS
LESSOR DEEMS REASONABLY NECESSARY OR ADVISABLE TO PRESERVE AND PROTECT ITS
INTEREST HEREUNDER.
THE PARTIES INTEND TO CREATE A LEASE AGREEMENT AND THE
RELATIONSHIP OF LESSOR AND LESSEE BETWEEN THEMSELVES. NOTHING IN THIS LEASE
SHALL BE CONSTRUED OR INTERPRETED TO CREATE OR IMPLY THE EXISTENCE OF A FINANCE
LEASE OR INSTALLMENT LEASE CONTRACT. LESSOR MAKES NO REPRESENTATION REGARDING
THE TREATMENT OF THIS LEASE, THE EQUIPMENT OR THE PAYMENT OF OBLIGATIONS UNDER
THIS LEASE FOR FINANCIAL STATEMENT REPORTING OR TAX PURPOSES.
9.2.
PROTECTION OF LESSOR'S PROPERTY RIGHTS. LESSOR
HAS THE RIGHT TO PLACE ON ANY PART OF THE EQUIPMENT, A MEDALLION OR OTHER MARKER
OF SUITABLE SIZE STATING IN SUBSTANCE (I) THAT THE EQUIPMENT IS THE PROPERTY OF
LESSOR, AND (II) THAT LESSOR, TO PROTECT ITS RIGHTS, HAS FILED OR RETAINS THE
RIGHT TO FILE IN APPROPRIATE GOVERNMENT OFFICES A UCC FINANCING STATEMENT
4
COVERING THE EQUIPMENT. LESSEE HEREBY AUTHORIZES LESSOR TO FILE ANY AND ALL
UCC-1 AND/OR UCC-3 STATEMENTS AND/OR AMENDMENTS THERETO RELATED TO THIS LEASE,
ANY LEASE SCHEDULE, AND/OR THE EQUIPMENT WITHOUT LESSEE'S AUTHENTICATION, TO THE
EXTENT PERMITTED BY APPLICABLE LAW. IF DIRECTED TO DO SO BY LESSOR, LESSEE WILL
COOPERATE WITH LESSOR IN PREPARING AND FILING SUCH UCC STATEMENTS AND/OR
AMENDMENTS THERETO. LESSEE HEREBY AGREES THAT BY EXECUTING THIS LEASE OR ANY
LEASE SCHEDULE THAT THE SAME SHALL CONSTITUTE LESSEE'S AUTHORIZATION FOR ALL UCC
STATEMENTS AND/OR AMENDMENTS THERETO RELATED TO THIS LEASE, ANY LEASE SCHEDULE
AND/OR THE