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ANYTIME FITNESS FRANCHISE DISCLOSURE DOCUMENT

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and Lessor. At Lessor's option, all cash proceeds or equivalent thereof from such warranty<br />

recovery shall be used to repair or replace the Equipment.<br />

7.) Lessee's Inspection. Upon delivery of the Equipment, Lessee shall make all<br />

necessary inspections and tests of the Equipment in order to determine whether the Equipment<br />

conforms to specifications and is in good condition and repair. Lessee shall promptly notify<br />

Lessor in writing of any defect or other proper objection to the type or condition of the<br />

Equipment. If Lessee fails to notify Lessor in writing of any such defect or objection within<br />

seven (7) days after delivery of the Equipment to Lessee, then it shall be conclusively presumed,<br />

as between Lessor and Lessee, that Lessee has fully inspected the Equipment and that Lessee is<br />

satisfied with and has accepted the Equipment in such good condition and repair for all purposes<br />

of this Lease.<br />

8.) Location and Right of Inspection. The Equipment at all times shall be located at<br />

Lessee's Anytime Fitness Express center or such other place as shall be mutually agreed upon in<br />

writing between Lessor and Lessee, and Lessee shall not move the Equipment from such location<br />

without the prior written consent of Lessor. Lessor shall at any and all times during normal<br />

business hours have the right to enter into and upon the premises where the Equipment may be<br />

located for the purpose of inspecting the same or observing its use. Lessee shall promptly advise<br />

Lessor of any circumstances with respect to location which may in any manner affect Lessor's<br />

title thereto.<br />

9.) Use. Lessee shall use the Equipment carefully and shall comply with all laws,<br />

ordinances, or regulations relating to the use, operation, and/or maintenance of the Equipment.<br />

Lessee shall put the Equipment only to the use contemplated by the manufacturer. Lessee shall<br />

affix to the Equipment and maintain thereon such labels, plates, or decals as may be provided by<br />

Lessor, or conspicuously mark said Equipment with such language as Lessor may reasonably<br />

request, to the effect that such Equipment is owned by Lessor. Lessor is hereby authorized at<br />

Lessee's expense to cause this Lease or any financing statement or other statement in respect<br />

thereto, showing the interest of the Lessor in the Equipment, to be filed or recorded with any<br />

governmental office deemed appropriate by Lessor.<br />

10.) Repairs and Alterations. Lessee shall keep and maintain the Equipment in good<br />

working order and shall supply and install all replacement parts and accessories when required to<br />

maintain the Equipment in good working condition, which parts and accessories shall be and<br />

become the sole property of Lessor but also Equipment hereunder. Lessee shall not, without the<br />

prior written consent of Lessor, make any alterations, modifications, additions, subtractions, or<br />

improvements to the Equipment, but if so authorized by Lessor, any such alterations,<br />

modifications, additions, or improvements shall become the property of Lessor and shall be<br />

deemed to be a part of the Equipment.<br />

11.) Licensing, Registration, and Taxes. Lessee shall obtain such licensing and<br />

registration of the Equipment as is or may be required by federal, state, or local law or<br />

regulation. As additional rent, Lessee shall pay and discharge when due, all license and<br />

registration fees, assessments, sales, use, property, and other taxes (excluding any tax measured<br />

by Lessor's net income), together with any penalties or interest applicable thereto, now or<br />

hereafter imposed by any state, federal, or local government upon any item of the Equipment, or<br />

3.

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