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<br />lli ge 6 <br /> <br />14. MISCELLANEOUS. (a) Notices. All notices (Excluding billings and connnunications in <br />the ordinary course of business) hereunder shall be in writing, sent by certified mail, <br />return receipts requested, addressed to the other party at its respective address stated <br />on the first page of this Agreement or at such other a ddress as such party shall from time <br />to time designate in writing to the other party; and shall be effective from the date of <br />ma iling. . <br /> <br />(b) 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 /> <br />(c) Applicable Law. This agreement shall be governed by and construed in accordance <br />with the laws of the State where the equipment is located. <br /> <br />(d) Entire Agreement Severability. This Agreement constitutes the entire agreement <br />between Lessor and Lessee. No waiver, consent, modification or change of terms of this <br />Agreement shall bind either party unless in writing signed by both parties, and then such <br />waiver, consent, modification or change shall be effective only in the specific instance <br />and for the specific purpose given. There are no understandings not specified herein <br />regarding this Agreement or the Equipment leased hereunder. Any provision of this <br />Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such <br />jurisdiction, be ineffective to the extent of such prohibition or unenforcmbility without <br />invalicb ting the remaining provisions hereof, a nd any such prohibitiol! or unenforceability <br />in any jurisdiction shall not invalidate or render unenforcmble such provision in any <br />other jurisdiction. To the extent permitted by a pplicable law, Lessee hereby waives any <br />provision of law which renders any provision hereof prohibited or unenforcmble in any <br />respect. <br /> <br />(e) Lessor's Right to Perform for Lessee. If Lessee fails to perform or comply with <br />any of its a greements contained herein, Lessor shall have the right, but shall not be <br />obli!'P ted, to effect such performance or compliance, a nd the amount of any out of pocket <br />expenses a nd other reasom ble expenses of Lessor incurred in connection with the <br />performance of or compliance with such agreement, together with interest thereon at the <br />rate of twelve percent (12%) per annum (or such lesser amount as may be permitted by law), <br />shall be payable by Lessee upon demand. <br />IN WITNESS WHEREOF, Lessee has caused this Lease to be duly executed under seal. <br /> <br />City of Paris <br />LESSEE <br /> <br />By: <br /> <br />(SEAL) <br /> <br />Michael E. Malone, City Manager <br /> <br />------------Complete all blank lines to this point before submitting to Lessor------------ <br /> <br />Acc epted this <br /> <br />day of <br /> <br />, 19 <br /> <br />TYMCO, Inc. d/b/a <br />TYMCO EQUIPMENT LEASING COMPANY <br />Lessor <br /> <br />By: (SEAL) <br /> <br />225 E. Industrial Blvd. <br />Waco, Texas 76705 <br />