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AG 1994 05 02
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AG 1994 05 02
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Last modified
3/25/2002 4:32:00 PM
Creation date
11/27/2017 11:58:34 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
5/2/1994
Board
Board of Commissioners
Meeting Type
Regular
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15. BANKRUPTCY <br />In the event of the bankruptcy of the LESSEE, the LESSEE's interest <br />in this Lease or any part thereof shall not be assignable or <br />transferable by operation of law. If any proceeding under the <br />Bankruptcy Act as amended, is commenced by or against the LESSEE, <br />or if the LESSEE is adjudged insolvent, or if the LESSEE makes any <br />assignment for the benefit of his creditors, or if a writ of <br />attachment or execution is levied on any item or items of the <br />equipment and is not released or satisfied within ten (10) days <br />thereafter, or if a receiver is appointed in any proceeding or <br />action to which the LESSEE is a party with authority to take <br />possession or control of any item or items of the equipment, LESSOR <br />shall have and may exercise any one or more of the remedies set <br />forth in Paragraph 14 hereof; and this Lease shall, at the option <br />of LESSOR, without notice, immediately terminate and shall not be <br />treated as an asset of LESSEE after the exercise of said option. <br /> <br />16. ASSIGNMENT <br />Without the prior written consent of LESSOR, LESSEE shall not (a) <br />assign, transfer or pledge this Lease or the equipment or (b) <br />sublet or lend the equipment. Nothing herein contained shall <br />prevent LESSOR from selling, assigning, transferring or pledging <br />this equipment or this Lease. Subject to the foregoing, this Lease <br />inures to the benefit of, and is binding upon the heirs, legatees, <br />personal representatives, successors and assigns of the parties <br />hereto. <br /> <br />17. WARRANTY~ REMEDY <br />LESSOR warrants that it will maintain the equipment while it is on <br />rent hereunder. In the event of LESSOR's breach of any warranty, <br />express or implied, the LESSEE's exclusive remedy shall be that <br />LESSOR will make all necessary adjustments, repairs, and <br />replacements according to the terms and conditions specified under <br />Paragraph 6. The terms and conditions of this Agreement shall <br />apply to any parts or equipment furnished as a replacement. <br /> <br />18. PLATES <br />LESSEE shall not remove <br />markings of ownership. <br /> <br />or conceal LESSOR's plates or other <br /> <br />19. MISCELLANEOUS <br />(a) LESSOR shall exercise its best efforts in performing the <br />services and furnishing parts and equipment as provided in this <br />Lease, but shall not be liable for delays or failure to do so <br />caused by Acts of God, Government, labor difficulties, failure of <br />transportation, or other causes beyond the control of LESSOR. <br />(b) If more than one person executes this Lease as LESSEE, the <br />covenants, conditions, obligations and liabilities of such persons <br />under this Lease shall be joint and several. (c) LESSEE agrees to <br />pay LESSOR interest at the highest rate permitted by law on all <br />sums not paid by LESSEE to LESSOR when due and owing, hereunder, <br />from date of such delinquency until paid. (d) This contract is <br />Non-Cancellable. <br /> --6-- <br /> <br /> <br />
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