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8M Consent 2021 0104
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8M Consent 2021 0104
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
1/4/2021
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-26- <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/or <br />(d) Lessor may take whatever action at law or in equity as may appear <br />necessary or desirable to enforce its rights under this Agreement or the Escrow <br />Agreement or as a 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 XII it shall not be necessary to give any <br />notice other than such notice as may be required in this Article XII. <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 /> Section 13.05. Execution in Counterparts. This Agreement may be simultaneously <br />executed in several counterparts, each of which shall be an original and all of which shall <br />constitute but one and the same instrument; provided, that only Counterpart No. 1 of this <br />Agreement shall constitute chattel paper for purposes of the applicable Uniform Commercial <br />Code. <br /> Section 13.06. Applicable Law; Venue; Waiver of Jury Trial. This Agreement shall be <br />governed by and construed in accordance with the laws of the State. The parties hereto consent <br />and submit to the jurisdiction of the State and venue in any state or Federal court of such State <br />for the purposes of any suit, action or other proceeding arising in connection with this <br />305
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