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10. LOSS AND DAMAGE <br />LESSOR hereby assumes the risk of loss and damage to the equipment <br />from all causes 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 <br /> than the use for which it was designed. <br /> <br />C. Loss or damage resulting from persons other than LESSOR's <br /> authorized representatives performing any maintenance, <br /> modification or relocation of the equipment. <br /> <br />D. Acts of God, except lightning, and other acts including <br /> but not limited to floods, water which backs up through <br /> sewers or drains, acts of public enemies, acts of law <br /> enforcement officials, war, riot, labor disputes or <br /> sabotage. <br /> <br />E. Loss or damage to equipment attributable to harsh environ- <br /> mental conditions in the equipment room (including, but <br /> not limited to, water damage due to burst water pipes, <br /> improper A.C. electrical service, harmful extremes of <br /> temperature or humidity) which result from physical changes <br /> to the equipment room after it has been approved by <br /> LESSOR's authorized representative. <br /> <br />The LESSOR's limits of liability under this paragraph shall be a <br />maximum of the replacement cost of a system of like capabilities, <br />capacities, and general condition to the equipment covered under <br />this Lease at the time of damage or loss. <br /> <br />11. INDEMNITY <br />LESSEE shall indemnify LESSOR against, and hold T.RSSOR harmless <br />from, any and all claims for damages, costs, expenses and <br />liabilities whether to persons or to property, arising out of the <br />use or operation or resulting from said equipment. LESSEE shall <br />carry adequate insurance in an amount satisfactory to LESSOR for <br />the protection of the LESSEE and LESSOR in this respect. <br /> <br />12. DEFAULT <br />If LESSEE with regard to any item or items of equipment fails to <br />pay rent or other amount herein provided within ten (10) days after <br />the same is due and payable, or if LESSEE with regard to any item <br />or items of equipment fails to observe, keep or perform any other <br />provision of this Lease required to be observed, kept or performed <br />by LESSEE, LESSOR shall have the right to exercise any one or more <br />of the following remedies: <br /> <br />A. To declare the entire amount of rent hereunder immediately <br /> due and payable as to any or all items of equipment, with- <br /> out notice or demand to LESSEE. <br /> <br />-4- <br /> <br /> <br />