Common use of Delivery and Inspection Clause in Contracts

Delivery and Inspection. For the purpose of this Schedule only the Delivery Term, Installation Term, and Installation Date as defined in Master Agreement No. 1288 do not have bearing on the Base Term Commencement Date, which is defined in Section 4 above. The Lessee and Lessor acknowledge that the Equipment is currently located at the Equipment Location as identified in Section 2 above. Lessee acknowledges that the Equipment will be moved to a different Equipment Location, inspected, installed, and accepted no later that January 15, 2006 (“Final Acceptance Date”) and will acknowledge such with the execution of the Final Acceptance Certificate attached hereto as Exhibit D. A mutually agreed upon appraiser will be present upon the unpacking and inspection of the Equipment. Except for the 1994 Danobat High Speed Blade Tip Grinding Machine identified as Model # 193 on the Equipment List , no later than the Final Acceptance Date, Lessee will present Lessor with a written list of Items of Equipment that are either missing (“Missing Items”) or unsuitable for use (“Unsuitable Items”), but not including those Items that are missing or unsuitable for use as a result of any action by Lessee or movement of the Equipment from the Equipment Location. The list of Missing or Unsuitable Items will be accompanied by a report from the appraiser that supports (i) the Items are missing; or (ii) the Items are unsuitable for use. Upon receipt of this written list, at Lessee’s option, Lessor will: 1. For a Missing Item, either (a) reduce the Value of Calculation for Stip Loss Value as set forth in Section 7 above by the value allocated to such Missing Item on the Exhibit B Equipment List and adjust the Base Monthly Rental on a pro rata basis as of the Base Term Commencement Date, or (b) pay to Lessee, for the purpose of procuring a replacement for the Missing Item that is of equal or greater value and utility, the value allocated to such Missing Item on the Exhibit B Equipment List . If Lessee chooses option (a), the Missing Item will be removed from the Equipment List and acknowledged by both parties in writing. If Lessee chooses option (b), the replacement for the Missing Item shall be added to the Equipment List in place of the Missing Item. 2. For an Unsuitable Item, identify in writing within 30 days the estimated cost and time to replace or repair the Unsuitable Item. If Lessee accepts in writing such estimate for any Unsuitable Item within 10 days, Lessor will, at Lessor’s cost, process such replacement or repair and the terms of this Schedule will not change. If the Lessee does not accept such estimate for any Unsuitable Item within 10 days, Lessee will have an additional 5 days to propose in writing an alternative estimated cost and time to replace or repair the Unsuitable Item. If Lessor accepts such alternative estimate, Lessor will, at Lessor’s cost, process such alternative replacement or repair. If Lessor does not accept such alternative estimate, at Lessee’s option, Lessor will either (a) reduce the Value of Calculation for Stip Loss Value as set forth in Section 7 above by the value allocated to such Unsuitable Item on the Exhibit B Equipment List and adjust the Base Monthly Rental on a pro rata basis as of the Base Term Commencement Date, or (b) pay to Lessee, for the purpose of procuring a replacement of equal or greater value and utility for the Unsuitable Item, the value allocated to such Unsuitable Item on the Exhibit B Equipment List . If Lessee chooses option (a), the Unsuitable Item will be removed from the Equipment List and acknowledged by both parties in writing. If Lessee chooses option (b), the repaired Unsuitable Item, or the replacement, as applicable, shall be added to the Equipment List in place of the Unsuitable Item. Schedule Page 2 of 2 Maxus Lease No. 1288-002 TIMCO Engine Center, Inc. As of the Final Acceptance Date, all Items of Equipment not identified as Missing Items or Unsuitable Items will be considered as being accepted without further action by the parties.

Delivery and Inspection. For the purpose of this Schedule only the Delivery Term, Installation Term, and Installation Date as defined in Master Agreement No. 1288 do not have bearing on the Base Term Commencement Date, which is defined in Section 4 above. The Lessee and Lessor acknowledge that the Equipment is currently located at the Equipment Location as identified in Section 2 above. Lessee acknowledges that the Equipment will be moved to a different Equipment Location, inspected, installed, and accepted no later that January October 15, 2006 2005 (“Final Acceptance Date”) and will acknowledge such with the execution of the Final Acceptance Certificate attached hereto as Exhibit D. A mutually agreed upon appraiser will be present upon the unpacking and inspection of the Equipment. Except for the 1994 Danobat High Speed Blade Tip Grinding Machine identified as Model # 193 on the Equipment List , no No later than the Final Acceptance Date, Lessee will present Lessor with a written list of Items of Equipment that are either missing (“Missing Items”) or unsuitable for use (“Unsuitable Items”), but not including those Items that are missing or unsuitable for use as a result of any action by Lessee or movement of the Equipment from the Equipment Location. The list of Missing or Unsuitable Items will be accompanied by a report from the appraiser that supports (i) the Items are missing; or (ii) the Items are unsuitable for use. Upon receipt of this written list, at Lessee’s option, Lessor will: 1. For a Missing Item, either (a) reduce the Value of Calculation for Stip Loss Value as set forth in Section 7 above by the value allocated to such Missing Item on the Exhibit B Equipment List and adjust the Base Monthly Rental on a pro rata basis as of the Base Term Commencement Date, or (b) pay to Lessee, for the purpose of procuring a replacement for the Missing Item that is of equal or greater value and utility, the value allocated to such Missing Item on the Exhibit B Equipment List . If Lessee chooses option (a), the Missing Item will be removed from the Equipment List and acknowledged by both parties in writing. If Lessee chooses option (b), the replacement for the Missing Item shall be added to the Equipment List in place of the Missing Item. 2. For an Unsuitable Item, identify in writing within 30 days the estimated cost and time to replace or repair the Unsuitable Item. If Lessee accepts in writing such estimate for any Unsuitable Item within 10 days, Lessor will, at Lessor’s cost, process such replacement or repair and the terms of this Schedule will not change. If the Lessee does not accept such estimate for any Unsuitable Item within 10 days, Lessee will have an additional 5 days to propose in writing an alternative estimated cost and time to replace or repair the Unsuitable Item. If Lessor accepts such alternative estimate, Lessor will, at Lessor’s cost, process such alternative replacement or repair. If Lessor does not accept such alternative estimate, at Lessee’s option, Lessor will either (a) reduce the Value of Calculation for Stip Loss Value as set forth in Section 7 above by the value allocated to such Unsuitable Item on the Exhibit B Equipment List and adjust the Base Monthly Rental on a pro rata basis as of the Base Term Commencement Date, or (b) pay to Lessee, for the purpose of procuring a replacement of equal or greater value and utility for the Unsuitable Item, the value allocated to such Unsuitable Item on the Exhibit B Equipment List . If Lessee chooses option (a), the Unsuitable Item will be removed from the Equipment List and acknowledged by both parties in writing. If Lessee chooses option (b), the repaired Unsuitable Item, or the replacement, as applicable, shall be added to the Equipment List in place of the Unsuitable Item. Schedule Page 2 of 2 Maxus Lease No. 1288-002 001 TIMCO Engine Center, Inc. As of the Final Acceptance Date, all Items of Equipment not identified as Missing Items or Unsuitable Items will be considered as being accepted without further action by the parties.

Delivery and Inspection. For the purpose of this Schedule only the Delivery Term, Installation Term, and Installation Date as defined in Master Agreement No. 1288 do not have bearing on the Base Term Commencement Date, which is defined in Section 4 above. The Lessee and Lessor acknowledge that the Equipment is currently located at the Equipment Location as identified in Section 2 above. Lessee acknowledges that the Equipment will be moved to a different Equipment Location, inspected, installed, and accepted no later that January April 15, 2006 (“Final Acceptance Date”) and will acknowledge such with the execution of the Final Acceptance Certificate attached hereto as Exhibit D. A mutually agreed upon appraiser will be present upon the unpacking and inspection of the Equipment. Except for the 1994 Danobat High Speed Blade Tip Grinding Machine identified as Model # 193 on the Equipment List , no No later than the Final Acceptance Date, Lessee will present Lessor with a written list of Items of Equipment that are either missing (“Missing Items”) or unsuitable for use (“Unsuitable Items”), but not including those Items that are missing or unsuitable for use as a result of any action by Lessee or movement of the Equipment from the Equipment Location. The list of Missing or Unsuitable Items will be accompanied by a report from the appraiser that supports (i) the Items are missing; or (ii) the Items are unsuitable for use. Upon receipt of this written list, at Lessee’s option, Lessor will: 1. For a Missing Item, either (a) reduce the Value of Calculation for Stip Loss Value as set forth in Section 7 above by the value allocated to such Missing Item on the Exhibit B Equipment List and adjust the Base Monthly Rental on a pro rata basis as of the Base Term Commencement Date, or (b) pay to Lessee, for the purpose of procuring a replacement for the Missing Item that is of equal or greater value and utility, the value allocated to such Missing Item on the Exhibit B Equipment List . If Lessee chooses option (a), the Missing Item will be removed from the Equipment List and acknowledged by both parties in writing. If Lessee chooses option (b), the replacement for the Missing Item shall be added to the Equipment List in place of the Missing Item. 2. For an Unsuitable Item, identify in writing within 30 days the estimated cost and time to replace or repair the Unsuitable Item. If Lessee accepts in writing such estimate for any Unsuitable Item within 10 days, Lessor will, at Lessor’s cost, process such replacement or repair and the terms of this Schedule will not change. If the Lessee does not accept such estimate for any Unsuitable Item within 10 days, Lessee will have an additional 5 days to propose in writing an alternative estimated cost and time to replace or repair the Unsuitable Item. If Lessor accepts such alternative estimate, Lessor will, at Lessor’s cost, process such alternative replacement or repair. If Lessor does not accept such alternative estimate, at Lessee’s option, Lessor will either (a) reduce the Value of Calculation for Stip Loss Value as set forth in Section 7 above by the value allocated to such Unsuitable Item on the Exhibit B Equipment List and adjust the Base Monthly Rental on a pro rata basis as of the Base Term Commencement Date, or (b) pay to Lessee, for the purpose of procuring a replacement of equal or greater value and utility for the Unsuitable Item, the value allocated to such Unsuitable Item on the Exhibit B Equipment List . If Lessee chooses option (a), the Unsuitable Item will be removed from the Equipment List and acknowledged by both parties in writing. If Lessee chooses option (b), the repaired Unsuitable Item, or the replacement, as applicable, shall be added to the Equipment List in place of the Unsuitable Item. Schedule Page 2 of 2 Maxus Lease No. 1288-002 003 TIMCO Engine Center, Inc. As of the Final Acceptance Date, all Items of Equipment not identified as Missing Items or Unsuitable Items will be considered as being accepted without further action by the parties.