Laserfiche WebLink
• n <br /> 25. MISCELLANEOUS. Lessee agrees that the terms and conditions contained in this Lease make up the entire <br /> agreement between Lessee and Lessor regarding the Lease of Equipment. The declaration of invalidity of any <br /> provision of this Lease and/or Guaranty shall not affect any part of the remainder of the provisions of this Lease and <br /> Guaranty. This Lease Is not binding on Lessor until Lessor signs it Any change in any of the terms and conditions of <br /> this Lease must be In writing and signed by Lessor. Lessee agrees however, that Lessor is authorized,without notice <br /> to Lessee,to insert the Lease Number, and to supply missing information or to correct obvious errors in this Lease. <br /> Lessee authorizes Lessor to adjust the Rent Payment by not more than 15% if either(i)the final Total Cash Price <br /> (which is all amounts Lessor has paid in connection with the purchase, delivery and installation of the Equipment, <br /> including any upgrade and buyout amounts) differs from the estimated Total Cash Price, or (II) comparable U.S. <br /> Treasury Note yields increase between the date Lessee signs this Lease and the Acceptance Date. Lessor shall not <br /> be obligated to purchase the Equipment if the actual Total Cash Price varies more than 15%from the Total Cash Price <br /> listed above. If Lessor delays or fails to enforce any of Lessor rights under this Lease, Lessor will still be entitled to <br /> enforce those rights at a later time. All notices shall be given in writing by the party sending the notice and shall be <br /> effective when deposited in the U.S. Mail, addressed to the party receiving the notice at its address shown on the front <br /> of this Lease(or to any other address specified by that party in writing)with postage prepaid. All of Lessor's rights and <br /> remedies will survive the termination of this Lease. It is the express intent of the parties not to violate any applicable <br /> usury laws or to exceed the maximum amount of time price differential or interest, as applicable, permitted to be <br /> charged or collected by applicable law, and any such excess payment will be applied to Lease Payments in Inverse <br /> order to maturity, and any remaining excess will be refunded to Lessee. If Lessee does not perform any of its <br /> obligations under this Lease, Lessor has the right, but not the obligation, to take any action or pay any amounts that <br /> Lessor believes are necessary to protect Lessor's Interests. Lessee agrees to reimburse Lessor immediately upon <br /> Lessor's demand for any such amounts that Lessor pays. If more than one Lessee has signed this Lease each of the <br /> Lessees agree that Lessee's liability is joint and several. LESSEE FURTHER AGREES TO PAY LESSOR AN <br /> ORIGINATION FEE OF $250.00 ON THE DATE THE FIRST RENTAL PAYMENT IS DUE TO COVER THE <br /> EXPENSES OF ORIGINATING THIS LEASE. <br /> THIS LEASE IS A NON-CANCELABLE LEASE. THIS LEASE IS SUBJECT TO THE TERMS AND CONDITIONS WRITTEN <br /> ABOVE WHICH LESSEE ACKNOWLEDGES HAVING READ. THIS LEASE SHALL BE EFFECTIVE UPON EXECUTION BY <br /> LESSEE AND LESSOR. <br /> LESSOR: PFG Golf LESSEE: Everett Golf Management <br /> (A division of Information Leasing Corporation <br /> Gua <br /> By: By: ' 1... <br /> Title: Title: <br /> Date Accepted: Date Accepted: (t 13 6 <br /> 1 ,1) <br /> Page 6 of 6 <br />