Laserfiche WebLink
(�} The entering into and performance of this Lease will not violate any judgment, order, law or regulation applicable <br />to I.e�,see or result in any breach of, or constitute a default under, or result in the creating of any lien, charge, security interest or other <br />encumbrance upon any assets of Lessee or on the Equipment pursuant to any indenture, mortgage, deed of trust, bank loan or credit <br />agreement or other instrument to which Lessee is a party or by which it or its assets may be bound, except as herein provided, <br />(h) Lessee is acquiring the Equipment for use within its geographical boundaries. <br />(i) The useful life of the Equipment will not be less that the stated full term of this Lease. <br />0) Lessee has entered into this Lease for the purpose of purchasing, acquiring and leasing the Equipment and not for <br />the purpose of refinancing; any outstanding obligation of Lessee more than 90 days in advance of its payment or prepayment date. <br />The Purchase Price for the Equipment has been or will be paid directly by Lessor to the manufacturer, seller or supplier thereof, and <br />no portion of the Purchase Price for the Equipment has been or will be paid to Lessee as reimbursement for any expenditure paid by <br />Lessee more than 60 days prior to the execution and delivery of this Lease. <br />(k) Lessee has made sufficient appropriations or has other Legally Available Funds to pay all Rental Payments due <br />during the Initial Term. <br />24. EVENT OF DEFAULT: The term "Event of Default," as used herein, means the occurrence of any one or more of the following <br />events: I t, <br />(i) Lessee fails to make any Rental Payment (or any Additional Payment) as it becomes due in accordance with the terms <br />of this Lease; <br />(ii) Lessee fails to perform or observe any other covenant, condition, or agreement to be performed or observed by Lessee <br />hereunder and such failure is not cured within twenty (20) days after written notice thereof by Lessor; <br />(iii) any statement, representation, or warranty made by Lessee in the Lease or in writing ever delivered by Lessee pursuant <br />hereto or in connection herewith is false, misleading, or erroneous in any material respect on the date when made; <br />(iv) proceedings under any bankruptcy, insolvency, reorganization or similar legislation shall be instituted against or by <br />Lessee, or a receiver or similar office shall be appointed for Lessee or any of its property, and such proceeding or appointments shall <br />not be vacated, or fully stayed, within twenty (20) days after the institution or occurrence thereof; or <br />(v) an attachment;, levy or execution is threatened or levied upon or against the Equipment. <br />25. REPOSSESSION AND LESSORS OTHER RIGHTS UPON EVENT OF DEFAULT OR EVENT OF NONAPPROPRIATION: <br />Immediately upon the occurrence of an Event of Default or immediately after the expiration of the Initial Term or any Renewal Term <br />during which an Event of Nonappropriation occurs, Lessor may terminate this Lease or Lessee's rights hereunder and in any such even <br />repossess the Equipment, which Lessee hereby agrees to surrender to Lessor at such location in the continental. United States as Lessor <br />shall direct. Such right of repossession and other rights as specifically provided in this Paragraph 25 shall constitute the sole remedies <br />for Lessee's failure to make Payments or otherwise perform its obligations when required hereunder. If Lessor is entitled to repossess <br />the Equipment hereunder, Lessee shall permit Lessor or its agents to enter the premises where the Equipment is then located in the <br />event of any such repossession, Lessee shall execute and deliver such documents as may reasonably be required to restore title to and <br />possession of the Equipment to Lessor, free and clear of all liens and security interests to which the Equipment may have become <br />subject: <br />Any termination of this Lease at Lessor's option as provided in this Paragraph 25 shall take effect at the end of the Initial <br />Term or the Renewal Term then in effect, unless Lessor (at its option) elects to terminate this Lease on an earlier date. <br />Upon repossession, if the Equipment is damaged or otherwise made less suitable for the purposes for which it was manufactured than. <br />when delivered to Lessee, Lessee agrees, at its option, to: (a) repair and restore the Equipment to the same condition in which it was <br />received by Lessee (reasonable wear and tear excepted) or (b) pay to Lessor the reasonable costs of such repair and restoration. <br />If Lessor terminates this Lease pursuant to this Paragraph 25 or an Event of Nonappropriation occurs and Lessee continues to use <br />the Equipment after the Initial Term or any Renewal Term during which the Event of Default or Event of Nonappropriation occurs <br />or if Lessee otherwise refuses to pay Rental Payments due during a Renewal Term for which Lessee's governing body has appropriated <br />sufficient Legally Available Funds to pay such Rental Payments, Lessor shall be entitled to bring such action at law or in equity to <br />recover damages attributable to such holdover period for the Equipment that Lessee continues to use or to the remainder of such <br />Renewal Term for which such appropriations have been made. <br />Lessor shall also be entitled to exercise any or all remedies available to a secured party under the applicable Uniform Commercial <br />Code and all other rights and remedies that Lessor may have at law or in equity, including the exercise of any rights and remedies <br />to which Lessor is entitled as a secured party with respect to the Vendor Payable Account. <br />No right or remedy herein conferred upon or reserved to Lessor is exclusive of any right or remedy herein or at law or in equity or <br />otherwise provided or permitted, but each shall be cumulative of every other right or remedy given hereunder or now or hereafter <br />existing at law or in equity or by statute or otherwise, and maybe enforced concurrently therewith or from time to time. <br />No waiver of or delay or omission in the exercise of any right or remedy herein provided or otherwise available to Lessor shall impair, <br />affect or be construed as a waiver of the rights thereafter to exercise the same. Any single or partial exercise by Lessor of any right <br />hereunder shall not preclude any other of further exercise of any right hereunder. <br />26. NOTICES. All notices given under this Lease shall be made in writing and mailed by certified mail, return receipt requested, <br />to the other party at its address set forth here in or at such address as the party may provide in writing from time to time. Any such <br />