{"id":42537,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/master-agreement-to-lease-equipment-cisco-systems-capital-corp.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"master-agreement-to-lease-equipment-cisco-systems-capital-corp","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/operations\/master-agreement-to-lease-equipment-cisco-systems-capital-corp.html","title":{"rendered":"Master Agreement to Lease Equipment &#8211; Cisco Systems Capital Corp. and Screaming Media.Net Inc."},"content":{"rendered":"<pre>\n                       MASTER AGREEMENT TO LEASE EQUIPMENT\n\n\n         THIS MASTER AGREEMENT TO LEASE EQUIPMENT (this \"Agreement\") is entered\ninto as of June 25, 1999 by and between CISCO SYSTEMS CAPITAL CORPORATION\n(\"LESSOR\"), having its principal place of business at 170 West Tasman Drive, San\nJose, California 95134 and SCREAMING MEDIA.NET, INC., a Delaware Corporation\n(\"LESSEE\"), having a principal place of business at 55 Broad Street, New York,\nNY 10004.\n\n\n                                  I. THE LEASE\n\n         1.1 LEASE OF EQUIPMENT. In accordance with the terms and conditions of\nthis Agreement, Lessor shall lease to Lessee, and Lessee shall lease from\nLessor, the personal property, including all substitutions, replacements,\nrepairs, parts and attachments, improvements and accessions thereto and therein\n(the \"EQUIPMENT\"), described in the lease schedule (s) (each, a \"LEASE\") to be\nentered into from time to time into which this Agreement is incorporated. Each\nLease shall constitute a separate, distinct, and independent lease and\ncontractual obligation of Lessee. Lessor or its assignee shall at all times\nretain the full legal title to the Equipment, it being expressly agreed by both\nparties that each Lease is an agreement of lease only.\n\n         1.2 TERM OF LEASE. The original term (the \"ORIGINAL TERM\") of the\nEquipment shall commence on the Commencement Date and, subject to Sections 3.3\nand 3.5 below, shall terminate on the date specified in the Lease.\nNotwithstanding the foregoing, the Original Term for the Equipment shall\nautomatically extend for successive 30-day periods after its expiration (each,\nan \"EXTENDED TERM\") unless either party gives the other party written notice, at\nleast thirty (30) days prior to the expiration of the Original Term or any\nExtended Term, as the case may be, of its intent not to so extend the applicable\nLease. Except as specifically provided in this Section 1.2, no Lease may be\nterminated by Lessor or Lessee, for any reason whatsoever, prior to the end of\nthe Original Term or any Extended Term (collectively, the \"LEASE TERM\").\nNotwithstanding any provision to the contrary contained in this Agreement,\nLessee shall be deemed to accept the Equipment on the Commencement Date (as\nspecified in each Lease).\n\n         1.3 RENTAL PAYMENTS. Lessee shall pay Lessor rent (\"RENT\") for the\nEquipment in the amounts and at the times specified in the Lease. All Rent and\nother amounts payable by Lessee to Lessor hereunder shall be paid to Lessor at\nthe address specified above, or at such other place as Lessor may designate in\nwriting to Lessee from time to time.\n\n\n\n                                       1.\n\n         1.4 RETURN OF EQUIPMENT. Upon expiration of the Lease Term of the\nEquipment, Lessee shall immediately return the Equipment to Lessor as provided\nin Section 3.3 below. If Lessee fails to return any of the Equipment upon demand\ntherefor by Lessor, Lessee shall pay Lessor, as the measure of Lessor's damages,\nthe Casualty Value (as defined in the applicable Lease) of such Equipment.\n\n\n              II. DISCLAIMERS AND WARRANTIES; INTELLECTUAL PROPERTY\n\n         2.1 DISCLAIMERS; WARRANTIES. Lessee represents and acknowledges that\nthe Equipment is of a size, design, capacity and manufacture selected by it, and\nthat it is satisfied that the Equipment is suitable for its purposes. LESSOR\nLEASES THE EQUIPMENT AS IS, AND, NOT BEING THE MANUFACTURER OF THE EQUIPMENT,\nTHE MANUFACTURER'S AGENT OR THE SELLER'S AGENT, MAKES NO WARRANTY OR\nREPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS\nFOR ANY PARTICULAR PURPOSE, DESIGN OR CONDITION OF THE EQUIPMENT. LESSOR SHALL\nNOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE INSTALLATION,\nOPERATION OR OTHER USE, OR DEINSTALLATION OF THE EQUIPMENT, INCLUDING, WITHOUT\nLIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR LOSS.\nLessee shall look solely to the manufacturer or the supplier of the Equipment\nfor correction of any problems that may arise with respect thereto, and,\nprovided no Event of Default (as defined in Section 4.1) has occurred and is\ncontinuing, all warranties made by the manufacturer or such supplier are, to the\ndegree possible, hereby assigned to Lessee for the Lease Term. To the extent any\nsuch warranty requires performance of any kind by the beneficiary of the\nwarranty, Lessee shall perform in accordance therewith.\n\n         2.2 INTELLECTUAL PROPERTY. Except as otherwise expressly provided in\neach Lease, LESSOR MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH\nRESPECT TO THE INTELLECTUAL PROPERTY RIGHTS, INCLUDING, WITHOUT LIMITATION, ANY\nPATENT, COPYRIGHT AND TRADEMARK RIGHTS, OF ANY THIRD PARTY WITH RESPECT TO THE\nEQUIPMENT, WHETHER RELATING TO INFRINGEMENT OR OTHERWISE. Lessor shall, when\nrequested in writing and at Lessee's cost and expense, exercise rights of\nindemnification, if any, for patent, copyright or other intellectual property\ninfringement obtained from the manufacturer under any agreement for purchase of\nthe Equipment. If notified promptly in writing of any action brought against\nLessee based on a claim that the Equipment infringes a United States patent,\ncopyright or other intellectual property right, Lessor shall promptly notify the\nmanufacturer thereof for purposes of exercising, for the benefit of Lessee,\nLessor's rights with respect to such claim under any such agreement.\n\n\n\n\n\n                                       2.\n\n                            III. COVENANTS OF LESSEE\n\n         3.1 PAYMENTS UNCONDITIONAL; TAX BENEFITS; ACCEPTANCE. EACH LEASE SHALL\nBE A NET LEASE, AND LESSEE'S OBLIGATION TO PAY ALL RENT AND OTHER SUMS\nTHEREUNDER, AND THE RIGHTS OF LESSOR IN AND TO SUCH PAYMENTS, SHALL BE ABSOLUTE\nAND UNCONDITIONAL, AND SHALL NOT BE SUBJECT TO ANY ABATEMENT, REDUCTION, SETOFF,\nDEFENSE, COUNTER CLAIM, INTERRUPTION, DEFERMENT OR RECOUPMENT, FOR ANY REASON\nWHATSOEVER. It is the intent of lessor, and an inducement to Lessor, to enter\ninto each Lease, to claim all available tax benefits of ownership with respect\nto the Equipment subject thereto. Lessee's acceptance of the Equipment subject\nto a Lease shall be conclusively and irrevocably evidenced by Lessee executing\nan Acceptance Certificate with respect to such Equipment, and upon acceptance,\nsuch Lease shall be noncancellable for the Lease Term unless otherwise agreed to\nin writing by Lessor. Any nonpayment of Rent or other amounts payable under any\nLease shall result in Lessee's obligation to promptly pay Lessor as additional\nRent on such overdue payment, for the period of time during which it is overdue\n(without regard to any grace period), interest at a rate equal to the lesser of\n(a) fourteen percent (14%) per annum, or (b) the maximum rate of interest\npermitted by law.\n\n         3.2 USE OF EQUIPMENT. Lessee shall use the Equipment solely in the\nconduct of its business, in a manner and for the use contemplated by the\nmanufacturer thereof, and in compliance with all laws, rules and regulations of\nevery governmental authority having jurisdiction over the Equipment or Lessee\nand with the provisions of all policies of insurance carried by Lessee pursuant\nto Section 3.6 below. Lessee shall pay all costs, expenses, fees and charges\nincurred in connection with the use and operation of the Equipment.\n\n         3.3 DELIVERY; INSTALLATION; RETURN; MAINTENANCE AND REPAIR; INSPECTION.\nLessee shall be solely responsible, at its own expense, for (a) the delivery of\nthe Equipment to Lessee, (b) the packing, rigging and delivery of the Equipment\nback to Lessor, upon expiration or termination of the Lease Term, in good\nrepair, condition and working order, ordinary wear and tear excepted, at the\nlocation(s) within the continental United States specified by Lessor, and (c)\nthe installation, deinstallation, maintenance and repair of the Equipment.\nDuring the Lease Term, Lessee shall ensure that the Equipment is covered by a\nmaintenance agreement, to the extent available, with the manufacturer of the\nEquipment or such other party, reasonably acceptable to Lessor. Lessee shall, at\nits expense, keep the equipment in good repair, condition and working order,\nordinary wear and tear excepted, and, at the expiration or termination of the\nLease Term, or any renewal term, with respect to any of the Equipment, have such\nEquipment inspected and certified acceptable for maintenance service by the\nmanufacturer. In the event any of the Equipment, upon its return to Lessor, is\nnot in good repair, condition and working order, ordinary wear and tear\nexcepted, Lessee shall be obligated to pay Lessor for the out-of-pocket expenses\nLessor incurs in bringing such Equipment up to such status, but not in excess of\nthe Casualty Value (as defined in the applicable Lease) for such Equipment,\npromptly after its receipt of an invoice for such expenses. Lessor shall be\nentitled to inspect the Equipment at Lessee's location at reasonable times.\n\n\n\n                                       3.\n\n         3.4 TAXES. Lessee shall be obligated to pay, and hereby indemnifies\nLessor and its successor and assigns against, and holds each of them harmless\nfrom, all license fees, assessments, and sales, use, property, excise and other\ntaxes and charges, other than those measured by Lessor's net income, now and\nhereafter imposed by any governmental body or agency upon or with respect to any\nof the Equipment, or the possession, ownership, use or operation thereof, or any\nLease or the consummation of the transactions contemplated in any Lease or this\nAgreement. Notwithstanding the foregoing, Lessor shall file all required\npersonal property tax returns, and shall pay all personal property taxes payable\nwith respect to the Equipment, Lessee shall pay to Lessor, as additional Rent,\nthe amount of all such personal property taxes within fifteen (15) days of its\nreceipt of an invoice for such taxes.\n\n         3.5 LOSS OF EQUIPMENT. Lessee shall bear the entire risk of the\nEquipment being lost, destroyed or otherwise permanently unfit or unavailable\nfor use from any cause whatsoever (an \"EVENT OF LOSS\") after it has been\ndelivered to common carrier for shipment to Lessee. If an Event of Loss shall\noccur with respect to any item of Equipment, Lessee shall promptly notify Lessor\nthereof in writing. On the rental payment date following Lessor's receipt of\nsuch notice, Lessee shall pay to Lessor an amount equal to the rental payment or\npayments due and payable with respect to such item of Equipment on or prior to\nsuch date, plus a sum equal to the Casualty Value of such item of Equipment as\nof the date of such payment as set forth in such Lease. Upon the making of such\npayment by Lessee regarding any item of Equipment, the Rent for such item of\nEquipment shall cease to accrue, the term of this Lease to such item of\nEquipment shall terminate and (except in the case of loss, theft or complete\ndestruction) Lessor shall be entitled to recover possession of such item of\nEquipment in accordance with the provisions of Section 3.3 above. Provided that\nLessor has received the Casualty Value of any item of Equipment, Lessee shall be\nentitled to the proceeds of any recovery in respect of such item of Equipment\nfrom insurance or otherwise.\n\n         3.6 INSURANCE. Lessee shall obtain and maintain for the Lease Term at\nits own expense, property damage and liability insurance and insurance against\nloss or damage to the Equipment (including so-called extended coverage), as a\nresult of theft and such other risks of loss as are normally maintained on\nequipment of the type leased hereunder by company's carrying on the business in\nwhich Lessee is engaged, in such amounts, in such form and with such insurers as\nshall be satisfactory to Lessor. Each insurance policy will name Lessee as\ninsured and Lessor as an additional insured and loss payee thereof as lessor's\ninterests may appear, and shall provide that it may not be canceled or altered\nwithout at least thirty (30) days prior written notice thereof being given to\nLessor or its successor and assigns.\n\n\n\n                                       4.\n\n         3.7 INDEMNITY. Except with respect to the gross negligence or willful\nmisconduct of Lessor, Lessee hereby indemnifies, protects, defends and holds\nharmless Lessor and its successors and assigns, from and against any and all\nclaims, liabilities (including negligence, tort and strict liabilities),\ndemands, actions, suits, and proceedings, losses, costs, expenses and damages,\nincluding without limitation, reasonable attorneys' fees and costs\n(collectively, \"CLAIMS\"), arising out of, connected with, or resulting from this\nAgreement, any Lease or any of the Equipment, including, without limitation, the\nmanufacture, selection, purchase, delivery, possession, condition, use,\noperation, or return of the Equipment. Each of the parties shall give the other\nprompt written notice of any Claim of which it becomes aware. The provisions of\nthis Section 3.7 shall survive the expiration or termination of this Agreement\nor any Lease.\n\n         3.8 PROHIBITIONS RELATED TO LEASE AND EQUIPMENT. Without the prior\nwritten consent of Lessor, which consent as it pertains to subsections (b) and\n(d) below shall not be unreasonably withheld, Lessee shall not: (a) assign,\ntransfer, pledge, encumber, hypothecate or otherwise dispose of this Lease or\nany rights or obligations thereunder; (b) sublease any of the Equipment; (c)\ncreate or incur, or permit to exist, any lien or encumbrance with respect to any\nof the Equipment, or any part thereof; (d) move any of the Equipment from the\nlocation at which it is first installed; or (e) permit any of the Equipment to\nbe moved outside the continental limits of the United States.\n\n         3.9 IDENTIFICATION. Lessee shall place and maintain permanent markings\nprovided by Lessor on the Equipment evidencing ownership, security and other\ninterests therein, as specified from time to time by Lessor.\n\n         3.10 ALTERATIONS AND MODIFICATIONS. Lessee shall not make any\nadditions, attachments, alterations or improvements to the Equipment without the\nprior written consent of lessor. Any addition, attachment, alteration or\nimprovement to any item of Equipment shall belong to and become the property of\nLessor unless, at the request of Lessor, it is removed prior to the return of\nsuch item of Equipment by Lessee. Lessee shall be responsible for all costs\nrelating to such removal and shall restore such item of Equipment to its\noperating condition that existed at the time it became subject to the applicable\nLease.\n\n         3.11 EQUIPMENT TO BE PERSONAL PROPERTY. Lessee acknowledges and\nrepresents that the Equipment shall be and remain personal property,\nnotwithstanding the manner in which it may be attached or affixed to realty, and\nLessee shall do all acts and enter into all agreements necessary to ensure that\nthe Equipment remains personal property.\n\n         3.12 FINANCIAL STATEMENTS. Lessee shall promptly furnish to Lessor such\nfinancial or other statements respecting the condition and operations of Lessee,\nand information respecting the Equipment, as Lessor may from time to time\nreasonably request.\n\n\n\n                                       5.\n\n         3.13 LESSEE REPRESENTATIONS. Lessee hereby represents that, with\nrespect to this Agreement and each Lease: (a) the execution, delivery and\nperformance thereof by Lessee have been duly authorized by all necessary\ncorporate action; and (b) the individual executing such document is duly\nauthorized to do so; (c) such document constitutes a legal, valid and binding\nobligations of Lessee, enforceable in accordance with its terms.\n\n                            IV. DEFAULT AND REMEDIES\n\n         4.1 EVENTS OF DEFAULT. The occurrence of any of the following shall\nconstitute an \"Event of Default\" hereunder: (a) Lessee shall fail to pay any\nRent or other payment due hereunder within five (5) days after it becomes due\nand payable; (b) any representation or warranty of Lessee made in this\nAgreement, any Lease, or in any document furnished pursuant to the provisions of\nthis Agreement or otherwise, shall prove to have been false or misleading in any\nmaterial respect as of the date when it was made; (c) Lessee shall fail to\nperform any covenant, condition or agreement made by it under any Lease, and\nsuch failure shall continue for twenty (20) days after its receipt of notice\nthereof; (d) bankruptcy, receivership, insolvency, reorganization, dissolution,\nliquidation or other similar proceedings shall be instituted by or against\nLessee or all or any part of its property under the Federal Bankruptcy Code or\nother law of the United States or of any other competent jurisdiction, and, if\nsuch proceeding is brought against Lessee, it shall consent thereto or shall\nfail to cause the same to be discharged within thirty (30) days after it is\nfiled; (e) Lessee shall default under any agreement with respect to the purchase\nor installation of any of the Equipment; or (f) Lessee or any guarantor of\nLessee's obligations under any Lease shall default under any other agreement\nwith lessor or Cisco Systems, Inc.\n\n         4.2 REMEDIES. If an Event of Default hereunder shall occur and be\ncontinuing, Lessor may exercise any one or more of the following remedies: (a)\nterminate any or all of the Leases and Lessee's rights thereunder; (b) proceed,\nby appropriate court action or actions, to enforce performance by Lessee of the\napplicable covenants of any or all of the Leases or to recover damages for the\nbreach thereof; (c) recover from Lessee an amount equal to the sum of (i) all\naccrued and unpaid Rent and other amounts due under any or all of the Leases\n(ii) as liquidated damages for loss of a bargain and not as a penalty, the\npresent value of (A) the balance of all Rent and other amounts under any or all\nof the Leases discounted at a rate of five percent (5%) per annum, and (B)\nLessor's estimated fair market value of the Equipment at the expiration of the\nOriginal Term; (d) personally, or by its agents, take immediate possession of\nany or all of the Equipment from Lessee and, for such purpose, enter upon\nLessee's premises where any of the Equipment is located with or without notice\nor process of law and free from all claims by Lessee; and 9e) require the Lessee\nto assemble the Equipment and deliver the Equipment to Lessor at a location\nwhich is reasonably convenient to Lessor and Lessee. The exercise of any of the\nforegoing remedies by Lessor shall not constitute a termination of any Lease or\nthis Agreement unless Lessor so notifies Lessee in writing.\n\n\n\n                                       6.\n\n         4.3 DISPOSITION OF EQUIPMENT. In the event, upon the occurrence of an\nEvent of Default, Lessor repossesses any of the Equipment, Lessor may sell or\nlease any or all of such Equipment, at one or more public or private sales. The\nproceeds of (i) any rental of the Equipment for the balance of the Original Term\n(discounted to present value at the rate of five percent (5%) per annum) or (ii)\nany sale of the Equipment shall be applied to the payment of (A) all costs and\nexpenses (including, without limitation, reasonable attorneys' fees) incurred by\nLessor in retaking possession of, and removing, storing, repairing, refurbishing\nand selling or leasing such Equipment and (B) the obligations of Lessee to\nLessor pursuant to this Agreement. Lessee shall remain liable to Lessor for any\ndeficiency.\n\n\n                                V. MISCELLANEOUS\n\n         5.1 PERFORMANCE OF LESSEE'S OBLIGATIONS. Upon Lessee's failure to pay\nrent (or any other sum due hereunder) or perform any obligation hereunder when\ndue, Lessor shall have the right, but shall not be obligated, to pay such sum or\nperform such obligation, whereupon such sum or cost of such performance shall\nimmediately become due and payable hereunder as additional Rent, with interest\nthereon at the highest legal rate from the date such payment or performance was\nmade.\n\n         5.2 QUIET ENJOYMENT. So long as no Event of Default shall have occurred\nand be continuing, neither Lessor not its assignee shall interfere with Lessee's\nright of quiet enjoyment and use of the Equipment.\n\n         5.3 FURTHER ASSURANCES. Lessee shall, upon the request of Lessor, from\ntime to time, execute and deliver such further document and do such further acts\nas Lessor may reasonably request in order fully to effect the purpose of any\nLease and Lessor's rights thereunder. Lessor is authorized to file a financing\nstatement, signed only by Lessor in accordance with the Uniform Commercial Code\nor signed by Lessor as Lessee's attorney in fact, with respect to any of the\nEquipment.\n\n         5.4 RIGHT AND REMEDIES. Each and every right and remedy granted to\nLessor under any Lease shall be cumulative and in addition to any other right or\nremedy therein specifically granted to nor or hereafter existing in equity, at\nlaw, by virtue of statute or otherwise, and may be exercised by Lessor from time\nto time concurrently or independently and as often as Lessor may deem expedient.\nAny failure or delay on the part of Lessor in exercising any such right or\nremedy, or abandonment or discontinuance of steps to enforce the same, shall not\noperate as a waiver thereof or affect Lessor's right thereafter to exercising\nthe same. Waiver of any right or remedy on one occasion shall not be deemed to\nbe a waiver of any other right or remedy or of the same right or remedy on any\nother occasion.\n\n\n\n                                       7.\n\n         5.5 NOTICES. Any notice, request, demand, consent, approval or other\ncommunication provided for or permitted hereunder shall be in writing and shall\nbe conclusively deemed to have been received by a party hereto on the day it is\ndelivered to such party at its address as set forth above (or at such other\naddresses such party shall specify to the other party in writing), or if sent by\nregistered or certified mail, return receipt requested, on the fifth day after\nthe day on which it is mailed, postage prepaid, addressed to such party.\n\n         5.6 SECTION HEADINGS; COUNTERPARTS. Section headings are inserted for\nconvenience of reference only and shall not affect any construction or\ninterpretation of this Agreement. This Agreement and each Lease may be executed\nin counterparts, and when so executed each counterpart shall be deemed to be an\noriginal, and such counterparts together shall constitute one and the same\ninstrument.\n\n         5.7 ENTIRE LEASE. This Agreement and each Lease constitute the entire\nagreement between Lessor and Lessee with respect to the lease of the Equipment.\nNo amendment of, or any consent with respect to, any provision of this\nAgreement or any Lease shall bind either party unless set forth in a writing,\nspecifying such waiver, consent, or amendment, signed by both parties. TO THE\nEXTENT PERMITTED BY APPLICABLE LAW AND NOT OTHERWISE SPECIFICALLY PROVIDED TO\nLESSEE IN THIS AGREEMENT, LESSEE HEREBY WAIVES ANY AND ALL RIGHTS OR REMEDIES\nCONFERRED UPON A LESSEE UNDER THE CALIFORNIA COMMERCIAL CODE, AND ANY OTHER\nAPPLICABLE SIMILAR CODE OR STATUTES OF ANOTHER JURISDICTION, WITH RESPECT TO A\nDEFAULT BY LESSOR UNDER THIS AGREEMENT OR ANY LEASE.\n\n         5.8 SEVERABILITY. Should any provision of this Agreement or any Lease\nbe or become invalid, illegal, or unenforceable under applicable law, the other\nprovisions of this Agreement and such Lease shall not be affected and shall\nremain in full force and effect.\n\n         5.9 ATTORNEYS' FEES. Should either party institute any action or\nproceeding to enforce this Agreement or any Lease, the prevailing party shall be\nentitled to receive from the other party all reasonable out-of-pocket costs and\nexpenses, including, without limitation, attorneys' fees.\n\n         5.10 GOVERNING LAW AND JURISDICTION. THIS LEASE SHALL BE GOVERNED IN\nALL RESPECTS BY THE LAWS OF THE STATE OF CALIFORNIA WITH RESPECT TO AGREEMENTS\nENTERED INTO, AND TO BE PERFORMED, ENTIRELY IN CALIFORNIA. LESSOR AND LESSEE\nWAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY LITIGATION ARISING FROM THIS AGREEMENT\nOR ANY LEASE. LESSEE CONSENTS TO THE NON-EXCLUSIVE JURISDICTION OF THE STATE\nCOURTS OF CALIFORNIA, AND THE FEDERAL COURTS SITTING IN THE STATE OF CALIFORNIA,\nFOR THE RESOLUTION OF ANY DISPUTES HEREUNDER.\n\n\n\n\n                                       8.\n\n         5.11 SURVIVAL. All obligations of Lessee to make payments to Lessor\nunder any Lease or to indemnify Lessor, pursuant to Section 3.4 or 3.7 above,\nwith respect to a Lease, and all rights of Lessor hereunder with respect to a\nLease, shall survive the termination of such Lease.\n\n\nLESSEE, BY THE SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE, ACKNOWLEDGES\nTHAT IT HAS READ THIS LEASE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS\nAND CONDITIONS.\n\nLESSOR:                                     LESSEE:\n\nCISCO SYSTEMS CAPITAL                       SCREAMING MEDIA.NET, INC.\nCORPORATION\n\n\n   \nBy: \/s\/ Brian P. Fukahara                   By: \/s\/ Roy Boling\n   ----------------------------                ----------------------------\n     (Authorized Signature)                       (Authorized Signature)\n    \n\n     Brian P. Fukahara\n     Chief Credit Officer                   Screaming Media Net, Inc.\n-------------------------------             -------------------------------\n       (Name\/Title)                              (Legal Name\/Title)\n\n         7\/3\/99                                        7\/2\/99\n-------------------------------             -------------------------------\n         (Date)                                         (Date)\n\n\n\n\n\n\n                                       9.\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7102],"corporate_contracts_industries":[9509],"corporate_contracts_types":[9613,9614],"class_list":["post-42537","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-cisco-systems-inc","corporate_contracts_industries-technology__networking","corporate_contracts_types-operations","corporate_contracts_types-operations__equipment"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/42537","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=42537"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=42537"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=42537"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=42537"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}