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a <br />841 <br />Page 8 <br />Lessee represents that in accordance with the above, it will report this Lease to <br />the Internal Revenue Service by filing form 0038 -G or 0030 -GC, whichever is appropriate. <br />Lessee understands that failure to do so will cause the Lease to love its tax exempt <br />status. Therefore, Lessee agrees that it if fails to file the appropriate form, the <br />interest- rate set forth in the payment schedule will be adjusted to an equivalent- taxable <br />interest rate. Notwithstanding the earlier termination or expiration of this Lease, the <br />obligations provided for in this Section 13 shall survive such earlier termination or <br />expiration. <br />14. MISCELLANEOUS. (a) Notices. All notices (excluding billings and communications 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 address as such party shall from <br />time to time designate in writing to the other party; shall be effective from the date of <br />mailing. <br />(b) Binding Effect-. This Agreement shall inure to the benefit of and oliall be <br />binding upon Lessor and Lcosee and their respective successors and assigns. <br />(c) Applicable Law. This Agreement shall be governed by and construed in <br />accordance with the laws of the County of McLennan, State of Texas. <br />-- (d) Entire Agreement Severability. This Agreement- constitutes the entire <br />Agreement between Lessor and Lessee. No waiver, consent, modification or change of terms <br />of this Agreement- shall bind .either party unless in writing signed by both parties, and <br />then ouch waiver, consent-, modification or change shall be effective only in the specific <br />instance and for the specific purpose given. There are no understandings not specified <br />herein 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 unenforceability <br />withqut- invalidating the remaining provisions hereof, and any such prohibition or <br />unenforceabilit-y in any jurisdiction shall not invalidate or render unenforceable such <br />provision in any other jurisdiction. To the 'extent permitted by applicable law, Lessee <br />hereby waives any provision of law which renders any provision hereof prohibited or <br />unenforceable in any respect. <br />(e) Lesoor's Right to Perform for Lessee. If Lessee fails to perform or comply <br />with any of its agreements contained herein, Lessor shall have the right-, but shall not <br />be obligated, to effect such performance or compliance, and the amount of any out of <br />pocket- expenses and other reasonable expenses of Lessor incurred in connection with the <br />performance of or compliance with ouch Agreement, together with interest thereon at the <br />rate of twelve percent- (121.) per annum (or such leooer amount- as may be permitted by <br />law) , shall be payable by Lessee upon demand. <br />