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along with a valid certificate of insurance evidencing the required coverage. (A) General Liability Insurance: A policy of combined <br />bodily injury and property damage insurance insuring Lessee and Lessor against any liability arising out of the use, maintenance, <br />or possession of the Equipment. Such insurance shall be in an amount not less than $1,000,000 per occurrence. (B) Property <br />Insurance: A policy of insurance covering loss or damage to the Equipment, in an amount equal to 100% of the Equipment Value, <br />providing protection against all perils included within the classification and special extended perils ("all risk" insurance). (C) <br />General. (1) The insurance for the Equipment shall be issued by insurance companies satisfactory to Lessor. Within 10 days after <br />the delivery of the Equipment, Lessee shall provide Lessor with Certificates of Insurance showing that the required coverages are <br />in effect and naming Lessor as Additional Insured and Loss Payee, The Certificates of Insurance must provide Lessor with 30 days <br />prior written notice of any cancellation. Any proceeds of such insurance shall be paid to Lessor and shall be applied to the <br />replacement of the Equipment or payment of monies due under this Agreement, at the option of Lessor. Lessee shall comply with <br />all requirements of the insurance underwriters or any governmental authority. (2) Lesse will only be assessed missing or expired <br />certificate fees, as provided herein, if Lesee subsequently elects not to self -insure and does not provide Lessor with a certificate <br />evidencing insurance coverage, or if Lessee shall provide Lessor with one (1) month prior written notice of any self-insurance <br />termination. <br />Lessee shall pay a Missing or Expired Certificate fee of $10 per storage unit, $50 per 8' wide, $60 per 9' and 10' wide, $90 per 11' <br />and 12' wide, and $100 per 13' wide and above mobile unit each month that Lessee fails to timely provide the required Certificate <br />of Insurance for property coverage. Lessee shall pay a fee of $10 per storage unit and $20 per unit for all other mobile units for <br />each month that Lessee fails to timely provide the required Certificate of Insurance for liability coverage. Payment of such fees <br />shall not provide Lessee with any insurance coverage, nor excuse Lessee from performing its obligations under Sections 8 & 9 <br />11. Insurance Waiver Program. In the event Lessee prefers not to provide evidence of either or both insurance coverages in <br />accordance with Paragraph 10 hereof, Lessee may elect to participate in Lessor's Insurance Waiver Program ("Program"), if <br />available The Program is not an insurance policy. The waiver fee(s), when paid, relieves the Lessee of the contractual <br />responsibility to provide evidence of the required insurance coverage(s). Lessee may elect to participate in this Program, in lieu of <br />providing evidence of either or both insurance coverages by signing a Lease Agreement Insurance Waiver Addendum, paying all <br />applicable fees and abiding by the other terms of the Program and this Agreement. <br />12. Defaults: Remedies. (A) Lessee shall be deemed to be in default hereunder upon the occurrence of any of the following <br />events ("Events of Default"): (1) Lessee shall fail to make any payment due hereunder within 10 days after its due date; (2) Lessee <br />shall fail to perform or observe any other term, covenant, or condition of this Agreement; or. (B),Following Lessors prior written <br />notice to Lessee's Event of Default, and ten (10) days provided to Lessee in which to cure such Event of Default, should the Event <br />of Default remain uncured, Lessor may declare this Agreement to be in Default, and thereafter may exercise any one or more of <br />the following remedies: (1) Declare the rent for the Term and all other unpaid rent, fees, taxes and charges under this Agreement <br />immediately due and payable; (2) Repossess, retake and/or retain any or all of the Equipment free of all rights and claims of <br />Lessee with notice, but without legal process, or judicial intervention, unless required by law and without releasing Lessee of any <br />term, covenant or condition provided herein; (3) Sell or otherwise dispose of any or all of the Equipment in a commercially <br />reasonable manner and apply the net proceeds of such disposition, after deducting all costs, to the obligations of Lessee, with <br />Lessee remaining liable for any deficiency; (4) Cancel this Agreement; and/or (5) Exercise any other right or remedy available to <br />Lessor at law or in equity. Lessor's waiver of any Event of Default shall not constitute a waiver of any other Event of Default or a <br />waiver of any term or condition of this Agreement. No right or remedy referred to herein is intended to be exclusive, and each may <br />be exercised concurrently or separately and from time to time. In the event Lessor shall repossess or retake the Equipment, and <br />there shall be in or attached to such Equipment any property owned by, or in the custody or control of Lessee, then Lessor is <br />hereby authorized to take possession of such property for a period of 10 days. Lessor shall provide written notice to Lessee of any <br />property left in the Equipment and, thereafter, any such property not claimed by Lessee, will be deemed abandoned, and Lessor <br />shall have the right to dispose of it. (C) Lessee and Lessor waive all right to trial by jury of all claims, defenses, counterclaims and <br />suits of any kind arising from or relating to this Agreement. <br />13. Return of Equipment Termination of Lease. At the end of the lease term, if Lessee does not exercise its Option to <br />Purchase, Lessee shall make the Equipment available to Lessor, without impediment, at the Delivery Address or any other address <br />to which Lessor has previously provided written approval of relocation of the Equipment. Any impediment to pick-up of the <br />Equipment may result in additional charges to Lessee. Lessee shall provide Lessor with at least 30 days advance written notice of <br />the return of the Equipment. The Equipment shall be "broom clean' and in the same condition as delivered to Lessee, ordinary <br />wear and tear excepted. Termination will become effective only when the Equipment has been returned to Lessor as herein <br />provided and Lessee has paid Lessor all unpaid rental and other charges applicable to the Equipment. Lessee agrees that prior to <br />the return of the Equipment to Lessor or upon notice of its repossession, Lessee shall immediately disconnect all utilities, remove <br />all of Lessee's personal property, and vacate the Equipment. Lessee hereby consents to entry by Lessor or its agents upon the <br />premises where the Equipment may be located for return or repossession of the Equipment. Unless otherwise specifically provided <br />in the Agreement, Lessor shall not be responsible for site restoration. Lessor shall not be liable for keeping or storing any personal <br />property of Lessee left in or on the Equipment, such property will be deemed abandoned by Lessee. Any accessories and additions <br />to the returned Equipment shall be deemed to be part of the Equipment and the property of Lessor. Lessee shall reimburse Lessor <br />for any and all costs incurred related to the return of the Equipment and in repairing, cleaning or otherwise restoring the Equipment <br />to its condition when delivered, ordinary wear and tear excepted. <br />14. Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the term of <br />this Agreement that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, <br />fuses/breakers and light bulbs), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) <br />business days of the occurrence thereof. Lessor shall have no liability for the repair of any defect or condition resulting from <br />Lessee's relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for <br />which it was not intended, vandalism, misuse of the Equipment, for excessive wear and tear or for which timely notice is not <br />provided to Lessor. The repair of the Equipment by Lessor, due to a defect or condition resulting from any of the preceding causes <br />Lss04/25/06( G,4 Page 7 <br />