EQUIPMENT LEASE

This Equipment Lease (this "Lease") is made effective as of January 01, 1999, beteen !i"antus #orporation (the
"Lessor"), 1$% &ndustry 'ar(ay, !otham 'ar(, )* 10001, and +iniature #ompany (the "Lessee"), 1 +ain ,treet,
-oovi..e, &/ 01$02, and states the a"reement of the parties as fo..os3
EQUIPMENT SUBJECT TO LEASE. The Lessor sha.. .ease the equipment .isted on the attached E4hibit / (the
"Equipment ,chedu.e")5
PAYMENT TERMS. The Lessee sha.. ma(e %0 month.y payments of 6999597 each5 'ayments sha.. be due on the first
day of each day, ith the first payment due on January 01, 19995 The .ease payments sha.. be due hether or not the Lessee
has received notice of a payment due5
TAX. ,a.es and8or use ta4, if required, is inc.uded5
SERVICE CHARGE. &f any Lease insta..ment is not paid ithin 11 day(s) after the due date, the Lessee sha.. pay to the
Lessor a service char"e of 6100500 per day5
NON-SUFFICIENT FUNDS. The Lessee sha.. be char"ed 670500 for each chec( that is returned to the Lessor for .ac( of
sufficient funds5
SECURITY DEPOSIT. &n addition to the .ease payment char"e, the Lessee sha.. pay a security deposit of 6999597 at the
time that this Lease is si"ned5 This deposit i.. be returned to the Lessee at the termination of this Lease, sub9ect to the
option of the Lessor to app.y it a"ainst Lease char"es and dama"es5 /ny amounts refundab.e to the Lessee sha.. be paid at
the time this Lease is terminated5 The security deposit sha.. not bear interest5
RISK OF LOSS OR DAMAGE. The Lessee assumes a.. ris(s of .oss or dama"e to the equipment from any cause, and
a"rees to return it to the Lessor in the condition received from the Lessor, ith the e4ception of norma. ear and tear5
LEASE TERM. This Lease sha.. be"in on the above effective date and sha.. terminate on :ecember %1, $0015
CARE AND OPERATION OF EQUIPMENT. The equipment may on.y be used and operated in a carefu. and proper
manner5 &ts use must comp.y ith a.. .as, ordinances, and re"u.ations re.atin" to the possession, use, or maintenance of
the equipment, inc.udin" re"istration and8or .icensin" requirements, if any5
MAINTENANCE AND REPAIR. The Lessee sha.. maintain the equipment in "ood repair and operatin" condition,
a..oin" for reasonab.e ear and tear5 The Lessee sha.. pay a.. costs required to maintain the equipment in "ood operatin"
condition5 ,uch costs sha.. inc.ude .abor, materia., parts, and simi.ar items5
LESSOR'S RIGHT OF INSPECTION. The Lessor sha.. have the ri"ht to inspect the equipment durin" Lessee;s norma.
business hours5
RETURN OF EQUIPMENT. /t the end of the Lease term, the Lessee sha.. be ob.i"ated to return the equipment to the
Lessor at the Lessee;s e4pense5
OPTION TO RENEW. &f the Lessee is not in defau.t upon the e4piration of this .ease, the Lessee sha.. have first option to
.ease the equipment on such terms as the parties may a"ree at that time5
OPTION TO PURCHASE. &f the Lessee is not in defau.t under this Lease, the Lessee sha.. have the option to purchase
items of equipment at the end of the .ease term for the price specified for such items of equipment in the attached
Equipment ,chedu.e5 The Lessee sha.. e4ercise this option by providin" ritten notice to the Lessor of such intent at .east
90 day(s) prior to the end of the .ease term5
ACCEPTANCE OF EQUIPMENT. The Lessee sha.. inspect each item of equipment de.ivered pursuant to this Lease5
The Lessee sha.. immediate.y notify the Lessor of any discrepancies beteen such item of equipment and the description of
the equipment in the Equipment ,chedu.e5 &f the Lessee fai.s to provide such notice before acceptin" de.ivery of the
equipment, the Lessee i.. be conc.usive.y presumed to have accepted the equipment as specified in the Equipment
,chedu.e5
OWNERSHIP AND STATUS OF EQUIPMENT. The equipment i.. be deemed to be persona. property, re"ard.ess of
the manner in hich it may be attached to any other property5 The Lessor sha.. be deemed to have retained tit.e to the
equipment at a.. times, un.ess the Lessor transfers the tit.e by sa.e5 The Lessee sha.. immediate.y advise the Lessor
re"ardin" any notice of any c.aim, .evy, .ien, or .e"a. process issued a"ainst the equipment5
WARRANTY. The Lessor ma(es no arranties, e4press or imp.ied, as to the equipment .eased5 The Lessee assumes the
responsibi.ity for the condition of the equipment5
INDEMNITY OF LESSOR FOR LOSS OR DAMAGES. &f the equipment is dama"ed or .ost, the Lessor sha.. have the
option of requirin" the Lessee to repair the equipment to a state of "ood or(in" order, or rep.ace the equipment ith .i(e
equipment in "ood repair, hich equipment sha.. become the property of the Lessor and sub9ect to this Lease5
LIABILITY AND INDEMNITY. Liabi.ity for in9ury, disabi.ity, and death of or(ers and other persons caused by
operatin", hand.in", or transportin" the equipment durin" the term of this Lease is the ob.i"ation of the Lessee, and the
Lessee sha.. indemnify and ho.d the Lessor harm.ess from and a"ainst a.. such .iabi.ity5 Lessee sha.. maintain .iabi.ity
insurance of at .east 610,0005005
CASUALTY INSURANCE. The Lessee sha.. insure the equipment in an amount sufficient to cover the rep.acement cost
of the equipment5
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TAXES AND FEES. :urin" the term of this Lease, the Lessee sha.. pay a.. ta4es, assessments, and .icense and
re"istration fees on the equipment5
DEFAULT. The occurrence of any of the fo..oin" sha.. constitute a defau.t under this Lease3
/5 The fai.ure to ma(e a required payment under this Lease hen due5
=5 The vio.ation of any other provision or requirement that is not corrected ithin %0 day(s) after ritten notice
of the vio.ation is "iven5
#5 The inso.vency or ban(ruptcy of the Lessee5
:5 The sub9ection of any of Lessee;s property to any .evy, sei>ure, assi"nment, app.ication or sa.e for or by any
creditor or "overnment a"ency5
RIGHTS ON DEFAULT. &f the Lessee is in defau.t under this Lease, ithout notice to or demand on the Lessee, the
Lessor may ta(e possession of the equipment as provided by .a, deduct the costs of recovery (inc.udin" attorney fees and
.e"a. costs), repair, and re.ated costs, and ho.d the Lessee responsib.e for any deficiency5 The Lessor sha.. be ob.i"ated to
re?.ease the equipment, or otherise miti"ate the dama"es from the defau.t, on.y as required by .a5
NOTICE. /.. notices required or permitted under this Lease sha.. be deemed de.ivered hen de.ivered in person or by
mai., posta"e prepaid, addressed to the appropriate party at the address shon for that party at the be"innin" of this Lease5
ASSIGNMENT. The Lessee sha.. not assi"n or sub.et any interest in this Lease or the equipment or permit the equipment
to be used by anyone other than the Lessee or Lessee;s emp.oyees, ithout Lessor;s prior ritten consent5
ENTIRE AGREEMENT AND MODIFICATION. This Lease constitutes the entire a"reement beteen the parties5 )o
modification or amendment of this Lease sha.. be effective un.ess in ritin" and si"ned by both parties5 This Lease rep.aces
any and a.. prior a"reements beteen the parties5
GOVERNING LAW. This Lease sha.. be construed in accordance ith the .as of the ,tate of +ariana &s.ands5
SEVERABILITY. &f any portion of this Lease sha.. be he.d to be inva.id or unenforceab.e for any reason, the remainin"
provisions sha.. continue to be va.id and enforceab.e5 &f a court finds that any provision of this Lease is inva.id or
unenforceab.e, but that by .imitin" such provision, it ou.d become va.id and enforceab.e, then such provision sha.. be
deemed to be ritten, construed, and enforced as so .imited5
WAIVER. The fai.ure of either party to enforce any provision of this Lease sha.. not be construed as a aiver or .imitation
of that party;s ri"ht to subsequent.y enforce and compe. strict comp.iance ith every provision of this Lease5
CERTIFICATION. Lessee certifies that the app.ication, statements, trade references, and financia. reports submitted to
Lessor are true and correct and any materia. misrepresentation i.. constitute a defau.t under this Lease5
ARBITRATION. /ny controversy or c.aim re.atin" to this Lease, inc.udin" the construction or app.ication of this Lease,
i.. be sett.ed by bindin" arbitration under the ru.es of the /merican /rbitration /ssociation, and any 9ud"ment "ranted by
the arbitrator(s) may be enforced in any court of proper 9urisdiction5
Lessor3
!i"antus #orporation
=y3 @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@
!i"antus #orporation
#hairman of the =oard
Lessee3
+iniature #ompany
=y3 @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@
+iniature #ompany
Aner
Page 2 of 2
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