5. Taxes. Lessee shall pay all sales, use, excise, personal property or other taxes
(excepting state and federal income taxes and other taxes upon the “net income” of the
University) that may be imposed on either Party as a result of this transaction. Lessee shall
indemnify, defend and hold the University, its regents, employees, and agents harmless from all
liabilities, suits, judgments, obligations, fines, penalties, claims, costs, and expenses (including
reasonable attorneys’ fees) arising out of the imposition of, or attempt to impose, any such tax on
the University.
6. Maintenance. Throughout the Term, Lessee shall provide for the service, repair
and maintenance of the Equipment, at Lessee’s sole expense, so as to keep the Equipment in as
good condition, repair, appearance and working order as when delivered to Lessee hereunder,
ordinary wear and tear excepted. Lessee shall, at Lessee’s sole expense, replace any and all parts
and devices which may from time to time become worn out, lost, stolen, destroyed, damaged
beyond repair, or rendered unfit for use for any reason whatsoever. All such replacement parts,
mechanisms, and devices shall be free and clear of liens, encumbrances, and rights of others and
shall become the property of the University and shall be covered by this Agreement to the same
extent as the Equipment originally covered by this Agreement.
7. Use of Equipment. Lessee shall exercise due care in its operation, use and
maintenance of the Equipment. Lessee shall not use, and shall not permit others to use, the
Equipment in any manner that would contravene applicable laws, rules, regulations and other
governmental directives, would violate the terms of any manufacturer’s or like warranty, or
would contravene the manufacturer’s reasonable operational standards for the Equipment. If the
University notifies Lessee of any additional operational standards, Lessee shall adhere, and shall
cause others using the Equipment under this Agreement to adhere, to such standards in the
operation of the Equipment. Lessee shall not alter or modify the Equipment without the prior
written consent of the University. Lessee agrees that only qualified employees of Licensee shall
operate the Equipment.
8. Permits. Lessee shall obtain all permits and licenses necessary for the installation,
operation, possession and use of the Equipment. Lessee shall comply with all laws, rules,
regulations and other governmental directives applicable to the installation, use, and operation of
the Equipment and, if compliance with such law, rule, regulation or other governmental directive
requires changes or additions to be made to the Equipment, such changes or additions shall be
made by Lessee at Lessee’s sole cost and expense upon the University’s written approval of the
same.
9. Utility Charges. Lessee shall pay all charges for gas, water, steam, electricity,
light, heat, power, telephone or other utility service to be used on or in connection with the