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Section V <br /> WARRANTY <br /> <br /> Lessor does not warrant the fitness, merchantability, <br />design, condition, capacity, suitability, or performance of <br />the equipment leased. Lessee takes the subject equipment <br />"AS IS" and "with all faults" condition. Lessee shall cause <br />to be made all necessary adjustments repairs and replacements <br />necessary to maintain equipment in good working order. This <br />warranty is in lieu of any and all other warranties express <br />or implied, and at any and all obligations and of any and all <br />liabilities on the part of Lessor for damages, including, but <br />not limited to, consequential damages, arising out of or in <br />connection with the use or performance of the equipment. <br /> <br /> Section VI <br /> INDEMNITY <br /> <br /> Lessee shall indemnify Lessor, its Council, Commissions, <br />boards, employees, and agents, against and hold Lessor <br />harmless from, any and all claims, actions, suits, <br />proceedings, costs, expenses, damages, and liabilities, <br />including reasonable attorney's fees arising out of, <br />connected with, or resulting from the equipment leasing, <br />including without limitation the selection, delivery, use, <br />operation or return of the equipment. <br /> <br /> Section VII <br /> LOSS OR DAMAGE <br /> <br /> Lessee assumes and shall bear the entire risk of loss, <br />theft, destruction, or damage of or to the equipment or any <br />item thereof (herein "loss or damage") from any cause <br />whatsoever, whether or not covered by insurance, and no such <br />loss shall release lessee of its obligation hereunder in the <br />event of loss or damage. Lessee at the option of Lessor, <br />shall (a) at Lessee's expense, repair the same too the <br />satisfaction of Lessor; or (b) at Lessee's expense, and to <br />the satisfaction of Lessor, replace the same with similar or <br />like equipment in good condition and repair and of comparable <br />value, with clear title thereto in Lessor; or (c) make <br />payment to the Lessor the total of the amounts specified <br />below. <br /> <br /> Section VIII <br /> ALTERATIONS AND ATTACHMENTS <br /> <br /> No alterations on or attachments to the equipment shall <br />be made without prior written approval of Lessor, which <br />approval shall not be unreasonably withheld. If, after such <br />written approval has been obtained, the alterations or <br />attachments interfere with the normal and satisfactory <br />operation or maintenance of any of the equipment in such <br />manner as to increase substantially the cost of maintenance <br /> Page 2 <br /> <br /> <br />