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2014-031 - Authorizing a Lease Purchase Agreement with Liberty National Bank for the purchase of one fire engine
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2014-031 - Authorizing a Lease Purchase Agreement with Liberty National Bank for the purchase of one fire engine
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1/25/2017 11:00:00 AM
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11/10/2014 12:41:44 PM
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CITY CLERK
CITY CLERK - Date
10/27/2014
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30. GOVERNING LAW. The validity, construction and performance of this Lease shall be governed by the <br />laws (including, without limitation, the conflict of the laws rules) of the State of Texas. <br />31. CONSENT TO JURISDICTION. Lessee acknowledges that Lessor's principal place of business <br />is in Lamar County, Texas. Lessee hereby consents and agrees that the Lamar County, Texas, District Court <br />shall have jurisdiction over any legal action with respect to this Lease, any and all Schedules, Annexes, if any, the <br />Equipment and any and all disputes with respect thereto. T o t h e e x t e n t p e r m i t t e d b y I a w, Lessee agrees <br />that Lessee shall not file any action, or initiate any proceeding, in any other state, federal or other court of law or <br />equity with respect to those matters; and if Lessee should file such claim or initiate such proceeding in violation of <br />Lessee's agreement in this Section, Lessee agrees that Lessor may cause that action or proceeding to be <br />dismissed. <br />32. INCORPORATION BY REFERENCE. All Schedules, annexes or other attachments to this Lease are <br />incorporated into this Lease as if set out infull atthe first place inthis Leasethat references is made thereto. <br />33. FURTHER ASSURANCES. At Lessor's request, from time to time, Lessee shall sign financing assignments or <br />other documents or instruments necessary to make public filings reflecting Lessor's ownership of and interest in the <br />Equipment, and Lessee authorizes Lessor to make any such filings that Lessor may deem appropriate, provided that Lessor <br />acts in a commercially reasonable manner. Such filings and this provision are precautionary only and do not evidence any <br />intention that this Lease create a security interest. In addition to the foregoing, Lessee shall provide to Lessor any <br />confirmation and /or reaffirmation of the representations and warranties contained in this Lease from any legal counsel or <br />certified publicaccountant acceptable to Lessor as Lessor may require. <br />34. DOCUMENTATION FEE. Lessee agrees to pay Lessor $50.00 to offset Lessor's lease documentation <br />processing costs at the time of the execution of this Lease. <br />35. ACKNOWLEDGMENT. Lessee acknowledges that it has received a copy of this Lease and all <br />Schedules and Annexes thereto, as fully executed by the parties thereto. Lessee acknowledges that it (a) has <br />READ THIS LEASE, SCHEDULES AND ANNEXES OR HAS CAUSED SUCH DOCUMENTS TO BE EXAMINED BY <br />LESSEE'S REPRESENTATIVES OR ADVISORS; (b) is thoroughly familiar with the transactions described in this <br />Lease, Schedules and Annexes; and (c) together with Lessee's representatives or advisors, if any, has had the <br />opportunity to ask such questions to representatives of Lessor, and receive answers thereto, concerning the terms <br />and conditions of the transactions described in this Lease, Schedules and Annexes as Lessee deems necessary in <br />connection with Lessee's decision to enter into this Lease. <br />36. SEVERABILITY. If any provision of this Lease shall be held or deemed to be or shall, in fact, be invalid, <br />inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions, or in all jurisdictions <br />because it conflicts with any provision or provisions of any constitution, statute, rule of public policy, or any other reason, <br />such circumstances shall not have the effect of rendering the provision in question invalid, inoperative or unenforceable in <br />any other case or circumstance, or of rendering any other provision or provisions of this Agreement invalid, inoperative or <br />unenforceable to any extent whatever. <br />IN WITNESS WHEREOF, theparties hereto haveexecuted these presents the dayand yearfirstwritten above. <br />LESSOR: LESSEE: <br />By: By: <br />Title: Title: <br />Address: P.O. Box 919, Paris, Texas 75461 Address: 135 1st SE, Paris, Texas 75460 <br />
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