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<br />12: '~VENTS CONSTITUTING L~SSEE DEFAUL.. <br />LESSOR may terminate Ihis Agreement immediately upon the occurrence of any of the tollowlng events: <br />a, LESSEE fail. 10 pay when due any of the payments, or to perform, or rectify breach, of, any obligation assumed by LESSEE in this <br />Agreement. <br />b. LESSEE make~ an assignment for benefit of creditors. or is subject to any receivership, insolvency Of bankruptcy proceedings. <br />C, Any other event which causes LESSOR, In good faith, to deem Itself insecure. <br />13, RIGHTS AND REMEDIES OF LESSOR UPON DEFAULT. <br />l.,Jpon the occurrence of any 01 the events of default doscribed in Section "12", and at any limo thereafter, LESSOR may, in its discretion <br />exercise anyone. or all, of the followlo9 righ'ts of rem(ldies; , <br />a. To accelerate aU the payments des,crlbed heroin and doclare them immediately due and payable. <br />b. LESSEE shall bfJ liable to LESSOR for an amount equal to tho sum 01 the payments accelerateo pursuant to Subseclion "a" immediately <br />above; ~aid sum to be immedIately due and payable as liquidated damages and not as a penalty. <br />c. To require LESSEE to assemble Equipment at LESSEE'S expense, and make it available to LESSOR al a place to be designated by <br />LESSOR. LESSOR may enter tt>e premise. 01 LESSEE for the purpose of peacefully exercising the righls of LESSOR sel f~rth In thi. <br />subsection. <br />14. WAIVER, <br />Failure of LESSOR to exercise any right or remedy, including but not limited to, the acceplance of parties or delinquent payments, shall not <br />be a waiver of any obligation of LESSEE or right 01 LESSOR or constitute a waiver of any other similar default subsequently occurring. <br />15_ ASSIGNMENT. <br />a. BY L~SOR: LESSOR may 85si9n this Agreement and In the event of such asslgnmont, LESSEE shall perform all promises herein <br />to sue A!3.sionee as Ihe owner hereof. Attlilr LESSEE receives notice 01 assignment hereof, LESSeE shall make all payments hereunder <br />direct to the nolder horeof and LESSOR shaH not be ttlO agent of the holder for transmission of paymonts or olherwi$d. <br />b. BY ~ESSEE' LESSEE may not assion, transferor delegate lis rights or obligations undor this Agreement without the consent of LESSOR if' <br />writ og. <br />16. ENTfRE AGREEMENT. <br />Thl. Agreemenl Is and shall be deemed the complete and Iinal expression of the agreement between the Partie. as to malters herein <br />contained and relative thereto, and supersedos all p(~vious agreemonts between the PartIes pertaining to such matters. It is cl$arly <br />understood that no promise or representation not contained herein was an inducement to elth.;:r Party or was relied upon by eithe( Party in <br />entering Into this Agreement_ <br />17. MODIFICATION. <br />No letter, or other form of communIcation, passing between the Parties hereto, covering any matter during the effective period 01 this <br />Agreement, shall ce deemed a part Of this Agreement, nor shall it have the effect of amending or modifying this Agreementj unless saId <br />communication dIstinctly states that said communication Is to constitute a part of this Agreement and Is to be attached as a rider to this <br />Agreement and Is signed by the Parties heroto. <br />1S. CAPTIONS. <br />Captions contained in this Agroement are inserted only as a mattarof convenience and In nO way define, limit orextend the scope or Intent of <br />this Agreement or any provision thereof. <br />19. NOTICE. <br />This deposit of written notice in the malls in an envelope certified or registered with postage prepaid and address~d 10 the LESSEE, at trle <br />address shown belOw, or to lESSOR at the address shown below, shaH constitute notice pursuant to this Agreement. <br />20. AUTHORITY TO CONTRACT. <br />The execution ~nd delivery of this Agreement wIll not violate or constitute a breach of any agreement or restrIction \0 which LESSEE is a <br />party or i. subject. <br />IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the day of <br />.19 <br /> <br />LESSOR: <br /> <br />LE;SSEE/MUNICIPALITY: <br /> <br />By <br /> <br />By <br /> <br />Its <br /> <br />Its <br />Date <br />LESSOR'S address tor nOUces under this Agreement: <br />Street <br />City <br />State/Province <br /> <br />Dale <br />LESSEE'S addre.s for nolices under this Agreement: <br />Street <br /> <br />City <br /> <br />State/Province <br /> <br />Zlp/POlllllt C~~ <br /> <br />Zlp/PQ~lll.t Codo <br /> <br />ASSIGNMENT (With Full Rocou"o) <br /> <br />Tho within Agreemeot, together with the indebtedness anCl all rights thereIn descdbed, Is hereby assIgned wIth full recourse, transferred, <br />conveyed and set over unto J I CASE CAEDIT CORP.ORATION fo( Its SUc(;~ssors or assigns, for Us or theIr own use forever, with full power and <br />authority with regard thereto subject nevertholess 10 lhe conditions therein contaJr'led and 10 the rights therein 9ranled ","ccordlng to law and <br />subject to tho provisions of the current Retail Financing Agreement between Assignor and Assignee, and each assignor reprasents and warrants <br />the said Instrument as genuine and in all respects what it purports to be and has no knowledge ot any fact impairing the validity then~or. and that <br />the((~ are no set-offs O( counterclaims against the ~l8mo. Payment of ttle withIn Agreoment according to its terms Is hereby guaranteed by ttua' <br />undersigned. <br /> <br />Les~o(: <br /> <br />By; <br /> <br />(As:elgnor) <br /> <br />Titt". <br />