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ARTICLE IX <br /> Section 9.01. Disclaimer of Warranties. Lessor makes no warranty or representation, <br />either express or implied, as to the value, design, condition, merchantability or fitness for <br />particular purpose or fitness for use of the Equipment, or any other warranty or representation, <br />express or implied, with respect thereto and, as to Lessor, Lessee’s acquisition of the Equipment <br />shall be on an “as is” basis. In no event shall Lessor be liable for any incidental, indirect, special <br />or consequential damage in connection with or arising out of this Agreement, the Equipment or <br />the existence, furnishing, functioning or Lessee’s use of any item, product or service provided <br />for in this Agreement. <br /> Section 9.02. Vendor Agreements; Warranties. Lessee covenants that it shall not in any <br />material respect amend, modify, rescind or alter any Vendor Agreement without the prior written <br />consent of Lessor. Lessor hereby irrevocably appoints Lessee its agent and attorney-in-fact <br />during the Lease Term, so long as Lessee shall not be in default under this Agreement, to assert <br />from time to time whatever claims and rights (including without limitation warranties) relating to <br />the Equipment that Lessor may have against Vendor. Lessee’s sole remedy for the breach of <br />such warranty, indemnification or representation shall be against the applicable Vendor of the <br />Equipment, and not against Lessor. Any such matter shall not have any effect whatsoever on the <br />rights and obligations of Lessor hereunder, including the right to receive full and timely Rental <br />Payments. Lessee expressly acknowledges that Lessor makes, and has made, no representations <br />or warranties whatsoever as to the existence or the availability of such warranties relating to the <br />Equipment. <br />ARTICLE X <br /> Section 10.01. Prepayment Option. Lessee shall have the option to prepay or satisfy all its <br />obligations hereunder (except as provided in subsection (c) of this Section 10.01), at the <br />following times and upon the following terms: <br /> (a) From and after the date specified in the Payment Schedule (the “Prepayment Option Commencement Date”), on the Rental Payment Dates specified in <br />the Payment Schedule, upon not less than 30 days’ prior written notice, and upon <br />payment in full of the sum of (i) the Rental Payments then due and all other amounts then <br />owing hereunder plus (ii) the then applicable Prepayment Price, which may include a <br />prepayment premium on the unpaid balance as set forth in the Payment Schedule; or <br /> (b) In the event of substantial damage to or destruction or condemnation of <br />substantially all of the Equipment, on the day specified in Lessee’s notice to Lessor of its <br />exercise of the prepayment option (which shall be the earlier of the next Rental Payment <br />Date or 60 days after the casualty event) upon payment in full to Lessor of the sum of (i) <br />any Rental Payment then due plus (ii) the then applicable Prepayment Price or if the <br />prepayment date occurs prior to the first Rental Payment Date for which the Prepayment <br />Price is shown, then the product obtained by multiplying the then aggregate unpaid <br />principal component of Rental Payments on such prepayment date times 102% plus (iii) <br />173