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continuing to hold Lessee liable, but solely from legally available funds, for the <br />difference between (i) the Rental Payments payable by Lessee and other amounts <br />hereunder or the Equipment that are payable by Lessee to the end of the then current <br />Original Term or Renewal Term, as the case may be, and (ii) the net proceeds of any such <br />sale, leasing or subleasing (after deducting all expenses of Lessor in exercising its <br />remedies hereunder, including without limitation all expenses of taking possession, <br />storing, reconditioning and selling or leasing such Equipment and all brokerage, <br />auctioneer’s and attorney’s fees). The exercise of any such remedies respecting any such <br />Event of Default shall not relieve Lessee of any other liabilities hereunder or with respect <br />to the Equipment; <br /> (c) Lessor may terminate the Escrow Agreement and apply any proceeds in <br />the Escrow Account to the Rental Payments scheduled to be paid hereunder; and <br /> (d) Lessor may take whatever action at law or in equity may appear necessary <br />or desirable to enforce its rights under this Agreement or the Escrow Agreement or as a <br />secured party in any or all of the Equipment or the Escrow Account. <br /> Section 12.03. No Remedy Exclusive. No remedy herein conferred upon or reserved to <br />Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in <br />addition to every other remedy given hereunder now or hereafter existing at law or in equity. No <br />delay or omission to exercise any right or power accruing upon any default shall impair any such <br />right or power or shall be construed to be a waiver thereof, but any such right or power may be <br />exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor <br />to exercise any remedy reserved to it in this Article it shall not be necessary to give any notice <br />other than such notice as may be required in this Article. <br />ARTICLE XIII <br /> Section 13.01. Notices. All notices, certificates or other communications under this <br />Agreement shall be sufficiently given and shall be deemed given when delivered or mailed by <br />registered mail, postage prepaid, or delivered by overnight courier, or sent by facsimile <br />transmission (with electronic confirmation) to the parties hereto at the addresses immediately <br />after the signatures to this Agreement (or at such other address as either party hereto shall <br />designate in writing to the other for notices to such party) and to any assignee at its address as it <br />appears on the registration books maintained by Lessee. <br /> Section 13.02. Binding Effect. This Agreement shall inure to the benefit of and shall be <br />binding upon Lessor and Lessee and their respective successors and assigns. <br /> Section 13.03. Severability. In the event any provision of this Agreement shall be held <br />invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate <br />or render unenforceable any other provision hereof. <br /> Section 13.04. Amendments, Changes and Modifications. This Agreement may only be <br />amended by Lessor and Lessee in writing. <br />177