RES 83335 - Laserfiche WebLink

13. RIGHTS AND REMEDIES OF LESSOR U'u~N DEFAULT. Upontheoccurrenceofanyoftheevents~ IaultdescribedinSection"12".andatanytimeth 'ter, LESSORmay, initsdiscretion,exercise any one. or all, of the following rights or i~medies: a. To accelerate all the payments described herein and declare them immediately due and payable. b. LESSEE shall be liable to LESSOR for an amount equal to the sum of the payments accelerated pursuant to Subsection "a" immediately above; said sum to be immediately due and payable as liquidated damages and not as a penalty. c. T~requireLESSEEt~assemb~eEquipmentatLESSEE~Sexpense,andmakeitavai~ablet~LESS~Ratap~acet~bedesignatedbyLESS~R. LESSOR may enter the premises of LESSEE for the purpose of peacefully exercising the rights of LESSOR set forth in this subsection. 14.WAIVER. Failure of LESSOR to exercise any right or remedy, including but not limited to, the acceptance of partial ordelinquent payments, sh;all not be a waiver of any obligation of LESSEE or right of LESSOR or constitute a waiver of any other similar default subsequently occurring. 15.ASSIGNMENT. a. BYLESS~R:LESS~Rmayas~ignthisAgreementandintheevent~fsuchassignment~LESSEEsha~lpert~rma~lpr~miseshereinc~ntained to such Assignee as the owner hereof. After LESSEE receives notice of assignment hereof, LESSEE shah make all payments hereunder direct to the ho!der hereof and LESSOR shall not be the agent of the holder for transmission of payments or otherwise. b. BY LESSEE:LESSEEmayn~tassign'transfer~rde~egateitsrights~r~b~igati~nsunderthisA~reementwith~utthec~nsent~fLESS~Rin writing. 16. ENTIRE AGREEMENT. This Agreement is and shall be deemed the complete and final expression of the agreement between the Parties as to matters herei n contained and relative thereto, and supersedes all previous agreements between the Parties pertaining to such matters. It is clearly understood that no promise or representation not contained herein was an inducement to either Party or was relied upon by either ParW in entering into this Agreement. 17. MODIFICATION, NO letter. or other form of communication, passing between the Parties hereto. covering any matter during the effective period of this Agreement, shall be deemed a part of this Agreement, nor shall it have the effect of amending or modifying this Agreement, unless said communication distinctly states that said communication is to constitgte a part of this Agreement and is to be attached as a rider to this Agreement and is signed by the Parties hereto. 18. CAPTIONS. Captions contained in this Agreement are inserted onry as a matter of convenience and in no way define. limit or extend the scope or intent of this Agreement or any provision thereof. This deposit of written notice in the mails in an envelope certified or registered with postage prepaid and addressed to the LESSEE, at the address shown below. or to LESSOR at the address shown below. shall constitute notice pursuant to this Agreement. 20. AUTH OR ITY TO CONTRACT. The execution and delivery of this Agreement will not violate or constitute a breach of any agreement or restriction to which LESSEE is a party or is subject. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the 9th day of AU. gLtS t LESSOR: By Its Date Case Power & Equipment LESSEE/MUNICIPALITY: City of Pleasanton Date AuZust 9, 1983 LESSOR'S address for notices under this Agreement: Street 13880 Catalina Street city San Leandro state Ca 1 i fo rn i a LESSEE'S address for notices under this Agreement: Street 200 Bernal Avenue City Pleasanton 94577 State Cali forni a 94566 Zip Code Zip COde ASSIGNMENT (With Full Recourse) The within Agreement, together with the indebtedness and all rights therei n described. is hereby assigned with full recourse, transferred, conveyed and set over unto J I CASE CR EDIT CORPO RATION for its successors or assigns, for its or their own use forever, with fu II power and authority with regard thereto subject nevertheless to the conditions therein contained and to the rights therein granted according to law and subject to the provisions of the current Retail Financing Agreement between Assignor and Assignee. and each assignor represents and warrants the said instrument as genui ne and rn all respects what it purports to be and has no knowledge of any fact impairing the valid ity thereof. and that there are no seFoffs or counterclaims against the ~teme. Payment of the within Agreement according to its terms is hereby guaranteed by the undersigned. Lessor; By: (Assignor) Title: