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3. Rentals. Lessor agrees to rent to Lessee, for said term, or portion thereof, all rentals
<br />specified above, plus all transportation charges incurred by Lessor and any applicable tax
<br />resulting from the rental of Equipment pursuant to this Agreement, except taxes based upon the
<br />net income of Lessor. Rentals shall be payable with the first payment due
<br />on the "Date Rental Begins" and on each and every first day of the
<br />thereafter, and the last payment due on the "Date Rental Ends" as set forth above.
<br />4. Use. Lessee shall have the exclusive use of the personal property described herein.
<br />However, Lessee may only use the personal property for Canadian Days activities.
<br />5. Insurance. Lessor shall, obtain and maintain, at its own expense, property damage and
<br />liability insurance on the type of Equipment leased hereunder.
<br />6. Disclaimer. Lessor makes no warranty or representation, either express or implied, as
<br />to the fitness, design, condition, merchantability, or fitness of any particular purpose of the
<br />Equipment. Lessor shall not be liable for any incidental or consequential damages in connection
<br />with or arising out of the use, operation, maintenance or performance of the Equipment,
<br />including, without limitation, any claim related to loss of business or other damages resulting
<br />from interruption of service or otherwise. Lessor shall not be responsible for loss or damage to
<br />Lessee's cargo or personal property left or stored on, transported by or used in connect with, the
<br />Equipment.
<br />7. Damage. Lessee assumes (a) the risk of loss of, or damage to, the Equipment, and (b)
<br />breakage and mechanical failure of he Equipment resulting from misuse or abuse. If any such
<br />loss, damage, or failure occurs during the term hereof, Lessee shall pay to Lessor the cost of
<br />repairing and restoring the Equipment to the same condition as when delivered to Lessee,
<br />ordinary wear and tear accepted, immediately upon return of the Equipment or receipt of
<br />Lessor's invoice therefor, whichever shall occur first; and if, the Equipment has been lost, stolen,
<br />destroyed or damaged beyond repair. If the Equipment has been lost, stolen, destroyed or
<br />damaged beyond repair, the Lessee shall pay to Lessor an amount necessary for the replacement
<br />of the equipment as fair market value prior to such damage or loss and shall be paid upon receipt
<br />of Lessor's invoice.
<br />8. Maintenance. Lessee shall, at Lessee's own cost and expense, maintain the
<br />Equipment in good repair, condition and working order, including, without limitation, routine
<br />service and preventive maintenance. Lessee acknowledges receipt of the Equipment in the
<br />condition described on the rental equipment inspection report completed upon delivery of the
<br />Equipment.
<br />9. Ownership. The Equipment shall at all times remain the property of the Lessor.
<br />Lessee will at all times, at Lessee's own expense, keep the Equipment free and clear of all
<br />claims, liens, and encumbrances.
<br />10. Identification. Lessor may, at Lessor's option and expense, firmly affix to the
<br />Equipment in a conspicuous place, a decal or metal plate showing Lessor as the owner of
<br />Equipment.
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