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AGREEMENT. You want us to provide financing to you pursuant to this Equipment Finance Agreement ('Agreement) in connection with your acquisition of the equipment and/or
<br />rights in the so0ware referenced herein ('Equipment') from your Vendor. In considenGon of us now paying your Vendor, on your behalf, the amounts your Vendor invoiced you
<br />for the Equipment, and, it applicable, related installation. trabdng, anbor implementation cents, you unconditionally agree to pay us the principal amount set fond above as live
<br />Equipment CostfAmawl Financed, with interest thereon at the rate implicit in Ole monthly amounts payable under the terms of this Agreement, which you agree to make each
<br />month by the due date. This Agreement will begin on the date we pay your Vendor for the Equipment or any later date we designate. We may charge you a one-time origination
<br />fee of $150.00. If any amount payable b us is past due, you will pay us a late charge equal to: 1) the greater of ten (10) cents for each dollar overdue or twenty -sic ($26.00)
<br />dollars: or 2) the highest lawful charge, it less. 0 you choose to make any payments under Cis Agreement early, you wig not be entitled to lake a discount off of the aggregate
<br />amount of the monthly payments to be made under tis Agreement We made an investment in this Agreement in reliance on the anticipated stream of cash Cows and any early
<br />discounted payment wauld frustrate our purpose in extending you oredt under this Agreement, It an advance payment is required, the amount exceeding one payment shall be
<br />applied to the last payment(s) during the term.
<br />NET AGREEMENT. YOU UNDERSTAND WE ARE PAYING YOUR VENDOR FOR THE EQUIPMENT ON YOUR BEHALF BASED ON YOUR PROMISE TO PAY US UNDER
<br />THE TERMS OF THIS AGREEMENT, WITHOUT SET -OFFS FOR ANY REASON.
<br />EQUIPMENT USE. Until yourobligations underthis Agreement are salisfied in full, you agree to keep the Equipmenlin good waking order, use it for business purposes only, not
<br />modiyor move it from its initial location without our consem, and bear the risk of its non<omptiance win applicable laws. You must resolve any dispute you may have concerning
<br />Die Equipment with pre manufacturer or your Vendor. You will comply will all law . ordinances, regulations, requirements, and rules relating to the use and operation of the
<br />Equipment, If the Equipment includes any software, we are neither responsible for the software mor the obligations of you or the licensor under anylicense agreement related to
<br />the soltvare.
<br />NO WARRANTY. WE MAHE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
<br />PURPOSE. YOU CHOSE THE EQUIPMENT, AND YOUR VENDOR BASED ON YOUR JUDGMENT. YOU MAY CONTACT YOUR VENDOR FOR A STATEMENT OF THE
<br />WARRANTIES, IF ANY, THAT THE MANUFACTURER OR YOUR VENDOR IS PROVIDING,
<br />ASSIGNMENT. You may not sell, assign or sublease the Equipment or this Agreement without our wnnen consent. We may sof or assign Nis Agreement or out rights in the
<br />E(Opment, it whole or in pat, to a third party without rioAce b you. You agree that D we do so, the assignee will have our rights but wig not be subject to any claim, defense, or
<br />setoff assertable against us or anyone else.
<br />LOSS OR DAMAGE. You are responsible for any damage b or loss of the Equipment. ab such loss ordamage will term you from your payment obligations hereunder. We are
<br />not responsible for, and you YA indemnify us against, any claims, losses or damages, irdudiing anomey fees, in anyway relating to the Equipment or data stored on it. In no
<br />event will we be Gable for any consequential or inbred damages
<br />INSURANCE. You agree to maintain commercial general liability insurance acceptable to us You also agree la 1) keep the Equipment fully insured against less at its
<br />replacement cost with us named as loss payee: and 2) provide proof of insurance satisfactory b us no later than 30 days fagmving the commencement of this Agreement, and
<br />thereafter upon Our written request. O you fag b maintan Property loss insurance satisfactory b us andfor you fag to Amity provide proof of such insurance, we have the option,
<br />but not the obligation, to secure Propemylots insurance be the Equipment from a raider of dw choosing in such forms and amounts as wei deem reasonable to protect our
<br />Interests. If we secure insurance on the Equipment, we will not name you as aninsured party, your interests may riot be holy protected, and you call reimburse us the premium
<br />which maybe higher than the premium you would pay if you obtained insurance, and which may result in a profit to us through an ini estmenl in reinsurance. II you are current in
<br />A ofyour obligations underthe Agreement a: the timeolbss, anyinsurance proceeds received will be applied, at ouroption, to repairor replace the Equipment or to pay us the
<br />remainingpaymentsdue Otto become due under IhisAgreement, discounted a13% per aurum.
<br />OWNERSHIP. You own the Eghip=A including any sollwzre license rights; granted b you. U any, by your Vendor or third -pang supplier(s). We do nothw11 not own he
<br />Equipment at any point dunng the term Of Ods Agreement unless we lake possession of it in connection with exercising default remedes or if you do n01 appropriate funds b
<br />mak all payments contemplated hereunder. You hereby grant us a security interest in he Equipment to segue your performance under this Agreement, to be released at the
<br />end of the term provided you have performed all of your obfigationsundor this Agreement. You represent to us that you signed this Agreement prior to your receipt of any pan of
<br />the E#pmenL
<br />TAXES. You agree that you wig pay when due, either directly or by paying your Venda, al taxes and fees rotating to the EquipmealL your purchase of the Equipment or this
<br />Agreement It your Vendor immi you for taxes, wer may include the invoiced taxes in 0w amounts we (mane for you under this Agreement. However, payment of sales, use or
<br />property taxes shag not be our responsibility under any circumstances.
<br />DEFAULTIREMEDIES. U a payment becomes 10v days past due, a if you otherwise breach Nis Agreement, you will be N default and we may require that you return the
<br />Equipment to us at yowexp:nse and pay us: 1) all past bre amounts and 2) all remaining payments for the unexpired term.dsooun4d at 3% per annum; and we may disable or
<br />repossess the Equipment and use all other legal remedies available to us. You agree b pay al our costs and expenses (urcJuding reasonable attorney fees) we incur in any
<br />dispute with you related b Oris Agreement You agree to pay us 1.5% interest per month On all past du: amounts. In Die event of you default you waive notices of our intent to
<br />accelerate the payments, the acceleration of the payments and of the enforcement of our rights under this Agreement To Ne extent you are permitted by law, you waive all
<br />defenses you would otherwise have under the Uniform Commercial Code, 1 any, and common law. You we solely responsible for protecting and removing any confidential
<br />datatmages stored on Due Equipment Prior to its return for any reason
<br />MISCELLANEOUS. This Agreement is the entire agreement between you and us relating to Ne Equipment and supersedes any prior representations or agreements, including
<br />any purchase Orden. Amounts payable under this Agreement may include a profit to us. The parties agree Nat Ne original hereof for enforcement and perfection purposes, and
<br />the sole 'record'constituting 'chattel payee under the UCC, is the paper copy hereof hearing (i) the original of a copy of either your manual signature or an eleclmncagy applied
<br />koication of you intent to enter into this Agreement, and (i) our original manual signature. if a rout Inds any provision of this Agreement unenforceable. the remaining terms of
<br />this Agreement shag remain in effect. You authdiieus b either insert a correct the Agreementrumber, serial numbers, model members. beginning date, and sigretwe date and
<br />acknowledge that it your Vendorfilledin any blanks above, they did soon your behall.All other modifications to the Agreementmustbe in writing signed by each party.
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