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<br />12. EVENTS CONSTITUTING LESSEE DEFAULT.
<br />LESSOR may lerrninalo this Agreement immediately upon the occurrence of any of the following events:
<br />a. LESSEE fails to pay when duo any of the payments, or to perform, or rectify breach, of, any obligation assumed by LESSEE in this
<br />Agreement.
<br />b. LESSEE makes an assignment for benefit of creditors, or is subject to any receivership, insolvency or bankruptcy proceedings.
<br />e. Any other event which causes LESSOR, In good faith, to doom Itself insecure.
<br />13. RIGHTS AND REMEDIES Or LESSOR UPON DEFAULT,
<br />Upon Ilia occurrence of any of ilia events of default described in Section "12 ", and at any time thereafter, LESSOR may, in its discretion,
<br />exercise any one, or all, of the following rights or remodios:
<br />a. To accelerate all the payments described heroin and declare them immediately duo and payable.
<br />b. LESSEE shall be liable to LESSOR for an amount equal to the sum of the payments accelerated pursuant to Subsection "a" immediately
<br />above; said surn to be immediately due and payable as liquidalod damages and not as a penally.
<br />c. To require LESSEE to assemble Equipment at LESSEE'S expense, and make it available to LESSOR at a place to be designated by
<br />LFSSOR. LESSOR may enter the premises of LESSEE for the purposo of peacefully exorcising the rights of LESSOR set forth In this
<br />subsection.
<br />IA. WAIVER.
<br />Failure of LESSOR to exorcise any right or remedy, including but not limited to, the acceptance of parties or delinquent payments, shall not
<br />be a waiver of any obligation of LESSEE or right of LESSOR or constitute a waiver of any other similar default subsequently occurring.
<br />15. ASSIGNMENT.
<br />a. BY L -SSOR: LESSOR may assign this Agreement and In the ovont of such assignrnont, LESSEE shall perform all promises herein
<br />to sue I , Tnoe as the owner hereof. Affor LESSEE rocoives notice of assignment hereof, LESSEE shall make all payments hereunder
<br />direct to the older horoof and LESSOR shall not be lho agent of lho holdor for transmission of payments or otherwise.
<br />b. BY ESSE LESSEE may not assign, trans for or delegate its rights or obligations under this Agreomont without the consent of LESSOR in
<br />wrrt ng.
<br />16. ENTIRE AGREEMENT.
<br />This Agreement Is and shall bo deemed the complete and final expression of the agrooment between the Parties as to matters herein
<br />contained and relative thereto, and supersedes all previous agreornonts between the Parties parlaining to such matterG. It is clearly
<br />understood that no profniso or representation not containod herein was an inducement to olther Party or was relied upon by either Party in
<br />entering Into this Agreoront.
<br />17. MODIFICATION.
<br />No letter, or other form of communication, passing between the Parties hereto, covoring any matter during the effective period of this
<br />Agreement, shall be doomed a part of this Agreement, nor shall it have the oilect of amending or modifying this Agreement, unless said
<br />communication distinctly states that said communication hS to constitute a part of this Agreement and is to be attached as a rider to this
<br />Agreomont and is signed by the Parties hereto.
<br />18. CAPTIONS.
<br />Captions contained in this Agreement are inserted only as a matter of convenience and In no way define, limit or extend ilia 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 addressed to the LESSEE, at the
<br />address shown below, or to LESSOR at the address shown below, shall constitute notice pursuant to this Agreement.
<br />20. AUTHORITY TO CONTRACT.
<br />The execution and dolivery of this Agreement will not violate or constitute a broach of any agroemont or restriction to which LESSEE is a
<br />party or is subject.
<br />IN WITNESS WHEREOF, the Parties horeto have caused this Agreement to be executed on the day of
<br />. 19
<br />LESSOR:
<br />ay
<br />Its
<br />Date
<br />LESSOR'S address for notices under this Agreomont:
<br />Stroot
<br />City
<br />State /Province
<br />ZIP /Poitel codo
<br />LESSEE/MUNICIPALITY:
<br />Dy
<br />Its - Data —
<br />LESSEE'S address for notices under this Agreement:
<br />Street
<br />City
<br />State/Province
<br />Zlp /POatal Cede
<br />ASSIGNMENT (With Full Recourse
<br />The within Agreement, together with the indebtedness and all rights therein described, Is hereby assigned with full recourse, transferred,
<br />convoyed and set over unto J 1 CASE CREDIT CORPORATION for Its successors or assigns, for Its or their own use forever, with full power and
<br />authority v /llh regard thereto subject nevorlholoss to the conditions therein contained arid to lilo rights therein granted according to law and
<br />subject to the provisions of the current Retail Financing Agreement between Assignor and Assignee, and each assignor represents and warrants
<br />the said Instrument as genuine and in all respects what it purports to bo and has no knowledge of any fact impairing the validity thereof, and that
<br />there are no set -offs or counterclaims against the same. Paymont of the within Agreement according to its terms Is hereby guaranteed by the'
<br />undersioned.
<br />Lessor:
<br />By:
<br />Tilln•___.._ -.
<br />Resolution No. 95 -007, resolving by the City Council of the City of
<br />Paris and the County Commissioners of the County of Lamar that the
<br />proposal of Genescreen for the use of space at Paris -Lamar County
<br />Health Department, and authorizing the City Manager of the City of
<br />Paris, Michael E. Malone to execute on behalf of the City of Paris the
<br />Agreement to Provide Specimen Collection Facility with Grenscreen, was
<br />presented. A motion was made by Councilwoman McDonald, seconded by
<br />Councilman Bell for approval of the resolution. The motion carried 7
<br />ayes, 0 nays.
<br />(Assignor)
<br />
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