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9. TITLE POSSESSION, LIENS AND SURRENDER <br />Leased equipment is and shall remain personal property irrespective of its manner of <br />attachment to realty or use. Title to leased equipment shall at all times be and remain <br />with LESSOR, and LESSEE shall keep all leased equipment free and clear from any and <br />all claims, liens and encumbrances. Upon expiration of this Lease Term, LESSEE shall <br />return the leased equipment unencumbered to LESSOR at premises of LESSEE, in the <br />same condition as when received by LESSEE, reasonable wear and tear resulting from <br />normal use of leased equipment alone excepted. So long as LESSEE shall not be in <br />default under this Lease, LESSEE shall be entitled to possession and use of leased <br />equipment in accordance with the terms of this Lease. LESSEE shall not, without prior <br />written consent of LESSOR, remove any part of leased equipment from premises of <br />LESSEE. <br /> <br />10. LOSS AND DAMAGE <br />LESSOR hereby assumes the risk of loss and damage to the equipment from all causes <br />excluding those set out below: <br /> <br />A. Those caused by LESSEE's negligence or misuse of equipment. <br /> <br />B. Those attributable to the use of the equipment for other than the use for which it <br /> was designed. <br /> <br />Loss or damage resulting from persons other than LESSOR's authorized <br />representatives performing any maintenance, modification or relocation of the <br />equipment. <br /> <br />Do <br /> <br />Acts of God, except lightning, and other acts including but not limited to floods, <br />water which backs up through sewers or drains, acts of public enemies, acts of <br />law enforcement officials, war, riot, labor disputes or sabotage. <br /> <br />Loss or damage to equipment attributable to harsh environmental conditions in <br />the equipment room (including, but not limited to, water damage due to burst <br />water pipes, improper A.C. electrical service, harmful extremes of temperature <br />or humidity) which result from physical changes to the equipment room after it <br />has been approved by LESSOR's authorized representative. <br /> <br />The LESSOR's limits of liability under this paragraph shall be a maximum of the <br />replacement cost of a system of like capabilities, capacities, and general condition to the <br />equipment covered under this Lease at the time of damage or loss. <br /> <br />4 <br /> <br /> <br />