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<br />14. Payments: Interest; Collection Expenses and Application of Payments. Lessee’s obligation to pay rent or any
<br />other amount due hereunder is an independent covenant and Lessee shall not withhold payment or assert any
<br />financial offset against such obligations for any reason whatsoever. Interest shall accrue on all amounts not timely
<br />paid at a rate which is the greater of (i) 12% per year; or (ii) the maximum rate permitted by law. SAS shall recover
<br />all expenses incurred in enforcing this Agreement, including all collection agency charges, lien fees, costs, court
<br />costs, attorney’s fees, and all expenses as incurred in collecting any judgment.
<br />15. Warranty. Except as otherwise specifically provided herein, SAS makes no representations or warranties of
<br />any kind, expressed, or implied with respect to the condition or performance of the Fence, or its merchantability or
<br />fitness for a particular purpose. Lessee acknowledges that the Fence is designed and intended to be only a
<br />temporary barrier for the purpose of separating Lessee’s property from other property, segregating areas within
<br />Lessee’s property and to discourage access to such areas. The Fence is not designed or intended to provide
<br />impenetrable security, complete isolation or protection to the area or personal property enclosed within. SAS shall
<br />have no liability to Lessee or any third part for any claim, loss or damage of any kind or nature, whatsoever
<br />resulting from the Fence or its failure to prevent access, damage, loss of property, personal injury, or loss of life.
<br />16. Financial Data. Upon request by SAS, Lessee shall give true, accurate and complete credit information to SAS
<br />who may verify and/or demand supplementation thereof. Lessee hereby consents to SAS requesting and obtaining
<br />credit information concerning Lessee’s financial condition or credit status from any source.
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<br />17. Amendments Waiver. Except by a specific written document executed by both parties, the terms, covenants,
<br />representations, warranties, or conditions of this Agreement may not be waived, amended, modified, suspended,
<br />or revoked. Forbearance or delay shall not be deemed a waiver. A single or partial exercise of any right or remedy
<br />shall not preclude further exercise thereof or the exercise of any other right or remedy.
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<br />18. Entire Agreement. This Agreement (including Exhibit A) contains the parties’ entire understanding and
<br />supersedes all prior and contemporaneous agreements and understandings, oral, written, or implied. No
<br />documents created hereafter and concerning this lease transaction, including any work orders and purchase
<br />orders, shall prevail over this Agreement.
<br />19. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties of this
<br />Agreement, and their respective successors, heirs, agents, employees, and assigns.
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<br />20. Assignment. This Agreement may not be assigned by Lessee without prior written consent of SAS.
<br />21. Arbitration. If any dispute shall arise under this Agreement, the parties hereto agree to submit the matter to
<br />arbitration. The arbitrator shall be designated by the American Arbitration Association and the hearing shall be
<br />held in accordance with the rules of such Association. The arbitrator designated and acting under this Agreement
<br />shall make an award in strict conformity with such rules and shall have no power to depart from or change any of
<br />the provisions hereof. Expenses of the arbitration proceedings conducted hereunder shall be borne by the more
<br />prevailing party.
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<br />22. Severance. In case any one or more of the provisions contained in this Agreement shall, for any reason, be
<br />held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
<br />affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal, or
<br />unenforceable provision had never been contained herein.
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<br />23. Authority. Each of the parties executing this Agreement warrants that it has the authority to enter into the
<br />Agreement in the capacity as indicated, and to carry out its obligations hereunder, and that no further approval of
<br />any kind is necessary to bind the parties hereto or to take such actions.
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