2016-007 - Municipal Lease Agreement with Liberty National Bank for fire truck

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the written consent of Lessor. Forbearance or indulgence by Lessor in any regards whatsoever shall not constitute a waiver of the covenant or condition to be performed by Lessee. to which such forbearance or indulgences may apply, and until complete performance by Lessee of such covenant or condition, Lessor shall be entitled to invoke any remedy available to Lessor under this Lease or by law or inequity despite said forbearance or indulgence. 25. ENTIRE AGREEMENT. This instrument, the Schedules and any annexes or supplements hereto which refer to this Lease and state that they become part hereof constitute the complete and exclusive statement of Lessor's and Lessee's agreement concerning the subject matter hereof, and shall not be amended, altered or changed except by written agreement signed by the parties. 26. NOTICES. Services of all notices under this Lease shall be sufficient if given personally or mailed to the party involved at its respective address set forth at the foot hereof, or at such address as such party may provide in writing from time to time. Any such notice mailed to such address shall be effective only when deposited in the United States mail, duly addressed and with first -class postage prepaid in a manner which provides evidence of receipt (e.g. certified mail with return receipt, fax with transmission report, hand - delivered with receipt). 27. GENDER; NUMBER. Whenever the context of this Lease requires, the masculine gender includes the feminine or neuter, and the singular number includes the plural; and whenever the word "Lessor" is used herein, it shall include all assignees of Lessor. If there is more than one Lessee named in this lease, the liability of each shall be joi nt and several. 28. TITLES. The titles to the paragraphs of this Lease are solely for the convenience of the parties, and are not an aid in the interpretation of the instrument. 29. TIME. Time is of the essence of this Lease and each and all of its provisions. 30. GOVERNING LAW. The validity, construction and performance of this Lease shall be governed by the laws (including, without limitation, the conflict of the laws rules) of the State of Texas. 31. CONSENT TO JURISDICTION. Lessee acknowledges that Lessor's principal place of business is in Lamar County, Texas. Lessee hereby consents and agrees that the Lamar County, Texas, District Court shall have jurisdiction over any legal action with respect to this Lease, any and all Schedules, Annexes, if any, the Equipment and any and all disputes with respect thereto. To the extent permitted by law, Lessee agrees that Lessee shall not file any action, or initiate any proceeding, in any other state, federal or other court of law or equity with respect to those matters; and if Lessee should file such claim or initiate such proceeding in violation of Lessee's agreement in this Section, Lessee agrees that Lessor may cause that action or proceeding to be dismissed. 32. INCORPORATION BY REFERENCE. All Schedules, annexes or other attachments to this Lease are incorporated into this Lease as if set out in full at the first place in this Lease that references is made thereto. 33. FURTHER ASSURANCES. At Lessor's request, from time to time, Lessee shall sign financing assignments or other documents or instruments necessary to make public filings reflecting Lessor's ownership of and interest in the Equipment, and Lessee authorizes Lessor to make any such filings that Lessor may deem appropriate, provided that Lessor acts in a commercially reasonable manner. Such filings and this provision are precautionary only and do not evidence any intention that this Lease create a security interest. In addition to the foregoing, Lessee shall provide to Lessor any confirmation and/or reaffirmation of the representations and warranties contained in this Leasefrom any legal counselor certified pu bl ic accountant acceptable to Lessor as Lessor may req u ire. 34. DOCUMENTATION FEE. Lessee agrees to pay Lessor $50.00 to offset Lessor's lease