Default and Remedies. You will be in default if: (i) you do not pay any Payment or other sum due to us or you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If you are ever in default, at our option, we can cancel this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of term plus the anticipated residual value of the Equipment, both discounted to present value at 2%. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any remedies available to us under the UCC and any other law and we may require that you immediately stop using any Financed Items. If we take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy.
Appears in 18 contracts
Sources: Agreement Incorporating Cmas Agreement, Dealer Lease Agreement, Dealer Lease Agreement
Default and Remedies. You will be in default if: (i) you do not pay any Payment or other sum due to us or you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If you are ever in default, at our option, we can cancel this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of term plus the anticipated residual value of the Equipment, both discounted to present value at 26%. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any remedies available to us under the UCC and any other law and we may require that you immediately stop using any Financed Items. If we take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' ’ fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy.
Appears in 14 contracts
Sources: Lease Agreement, Lease Agreement, Lease Agreement
Default and Remedies. The section is amended to state in its entirety: “You will be in default if: (i) you do not pay any Payment or other sum due to us or you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform or pay under any material agreement with any other entityaffiliates; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If To the extent permitted by law and as outlined in the Fiscal Funding Addendum, if you are ever in default, at our option, we can cancel this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of term plus the anticipated residual value of the Equipment, both discounted to present value at 26%. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any remedies available to us under the UCC and any other law and we may require that you immediately stop using any Financed Items. If we take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' ’ fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee, as awarded by a court of competent jurisdiction. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy.”
Appears in 8 contracts
Sources: Lease Agreement, Lease Agreement, Lease Agreement
Default and Remedies. The section is amended to state in its entirety: “You will be in default if: (i) you do not pay any Payment or other sum due to us or you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform or pay under any material agreement with any other entityaffiliates; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If As restricted by this Agreement, the Fiscal Funding Addendum, and the Lease Agreement Addendum, if you are ever in default, at our option, we can cancel this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments shall have all legal remedies available to the end of term plus the anticipated residual value of the Equipment, both discounted to present value at 2%. We may recover default interest on any unpaid amount at the rate of 12% per yearus under applicable law. Concurrently and cumulatively, we may also use any remedies available to us under the UCC and any other law and we may require that you immediately stop using any Financed Items. If we take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' ’ fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee, as awarded by a court of competent jurisdiction. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy.”
Appears in 6 contracts
Sources: Lease Agreement, Lease Agreement, Lease Agreement
Default and Remedies. You Time is of the essence of this Agreement and any of the following events will be "an event of default":
(a) Your failure to make any payment under this Agreement when due, including but not limited to the payment of the application fee, purchase price, finance charge, and annual dues, or
(b) The falsity of any representation made by you in default if: this Agreement or your credit application, or
(ic) A material breach by you do not pay of any Payment or other sum due to us or you fail to perform in accordance with the covenants, terms and conditions provision of this Agreement or the Member Rules. Should any other agreement "event of default" occur, we may immediately suspend your membership rights. In addition, upon the occurrence of any "event of default", we may, upon 30 days' written notice to you, declare the entire unpaid principal balance of the purchase price, together with us or any the finance charge and annual dues accrued to the date of our affiliates or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If you are ever in default, at our optionimmediately due and payable. Moreover, we can cancel may continue to collect annual dues from you as they accrue for the balance of the initial term or renewal term, as the case may be. In the alternative, we may, upon the occurrence of any "event of default", and upon 30 days' written notice to you, terminate this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of term plus the anticipated residual value of the Equipment, both discounted to present value at 2%. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any remedies available to us under the UCC and any other law and we may require that you immediately stop using any Financed Itemsyour membership. If we take possession terminate this Agreement and your membership because of the Equipmentyour default, which we may, but are not required to do, we shall have all remedies provided by law. If any payment required by this Agreement is not made in full within ten days of its due date, you agree to pay us a late charge in the costs amount set forth in paragraphs 11 and 12. In addition, where permitted by law, reasonable collection charges will be imposed if any payment required by this Agreement is not made in full within 30 days of repossessionits due date and collection efforts are made. If permitted by law, movinga reasonable fee will also be imposed for processing any check or other payment that is returned unpaid. If this Agreement is referred to an attorney for collection after your default, storage, repair and sale. The net proceeds of or if a legal action is commenced to enforce or declare the sale meaning of any Equipment provision of this Agreement, the prevailing party will be credited against what you owe us under this Agreement awarded its reasonable attorney's fees and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC fees and your rights costs incurred in both trial and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedyappellate courts.
Appears in 4 contracts
Sources: Membership Agreement (Thousand Trails Inc /De/), Membership Agreement (Thousand Trails Inc /De/), Membership Agreement (Thousand Trails Inc /De/)
Default and Remedies. You will be in default if: (i) you do not pay any Payment or other sum due to us or you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If you are ever in default, at our option, we can cancel this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of term plus the anticipated residual value of the Equipment, both discounted to present value at 26%. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any remedies available to us under the UCC and any other law and we may require that you immediately stop using any Financed Items. If we take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy.
Appears in 4 contracts
Sources: Lease Agreement, Equipment Lease and Service Agreement, Lease Agreement
Default and Remedies. You will be in default if: (i) you do not pay any Payment or other sum due to us or you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If you are ever in default, at our option, we can cancel this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of term plus the anticipated residual value of the Equipment, both discounted to present value at 2%. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any remedies available to us under the UCC and any other law and we may require that you immediately stop using any Financed Items. If we take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' ’ fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy.
Appears in 3 contracts
Sources: Contractor Services Agreement, Map Agreement, Map Agreement
Default and Remedies. You will be in default if: (ia) you do not pay any Payment or other sum due to us or any other person when due or if you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform or pay under any material agreement with any other entity; affiliates, (iib) you make or have made any false statement or misrepresentation to us; , (iiic) you or any guarantor dies, dissolvesdissolves or terminates existence, liquidates, terminates existence or is in bankruptcy; (ivd) you or any guarantor suffers there has been a material adverse change in its your or any guarantor’s financial, business or operating condition; , or (ve) any guarantor defaults under any guaranty for this Agreement. If any amount payable to us is not paid when due, you will pay a late charge equal to: 1) the greater of ten (10) cents for each dollar overdue or twenty-six ($26.00) dollars; or 2) the highest lawful charge, if less. If you are ever in default, at our option, we can cancel terminate this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of the term plus the anticipated booked residual value of the Equipment, Equipment (both discounted to present value at 24%). We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any or all of the remedies available to us under Articles 2A and 9 of the UCC and any other law law, including requiring that you: (1) return the Equipment to us to a location we specify; and we may require that you (2) immediately stop using any Financed Items. In addition, we will have the right, immediately and without notice or other action, to set-off against any of your liabilities to us any money, including depository account balances, owed by us to you, whether or not due. In the event of any dispute or enforcement of rights under this Agreement or any related agreement, you agree to pay our reasonable attorney's fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. If we have to take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiencyAgreement. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. YOU AGREE THAT WE SHALL WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 2A-507 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess not be subject to you, which will be your sole remedyany penalties.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Default and Remedies. You will be in default if: (i) you do not pay any Payment or other sum due to us or you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If you are ever in default, at our option, we can cancel this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of term plus the anticipated residual value of the Equipment, both discounted to present value at 2%. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any remedies available to us under the UCC and any other law and we may require that you immediately stop using any Financed Items. If we take possession of the Equipment, you agree youagree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' ’ fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy.
Appears in 2 contracts
Sources: Equipment Lease Agreement, Map Agreement
Default and Remedies. The section is amended to state in its entirety: "You will be in default if: (i) you do not pay any Payment or other sum due to us or you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform or pay under any material agreement with any other entityaffiliates; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If To the extent permitted by law and as outlined in the Fiscal Funding Addendum, if you are ever in default, at our option, we can cancel this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of term plus the anticipated residual value of the Equipment, both discounted to present value at 26%. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any remedies available to us under the UCC and any other law and we may require that you immediately stop using any Financed Items. If we take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee, as awarded by a court of competent jurisdiction. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the ofthe UCC. If interest Ifinterest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy."
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Default and Remedies. You will be in default if: under this Agreement if the Minimum Payment is not received at our address specified for payments by the payment due date shown on your billing statements (i) you do not pay any Payment or other sum due to us or or, if your state of residence is Wisconsin, if you fail to perform pay the Minimum Payment by the payment due date shown on your billing statements twice or more within any twelve (12) month period), you make a payment to us that is not honored by your bank, you become the subject of bankruptcy or insolvency proceedings, or if you fail to honor any other covenant or obligation under this Agreement which materially impairs your ability to pay amounts due under this Agreement. At any time after this Agreement is in accordance with default or upon your death, we may, in our sole discretion, reduce your credit limit, terminate your KRPC Account or suspend your credit privileges (in which case, the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is will continue in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If you are ever in default, at our option, we can cancel this Agreement and require that you pay effect until the unpaid balance of this AgreementOutstanding Balance, including any future Payments fees and costs, has been paid in full), and declare all amounts due hereunder immediately due and payable (unless notice and an opportunity to cure is required by applicable law, and in that event, such amounts shall become payable if such default is not cured as provided in applicable law), bring a legal action against you to collect the end of term plus the anticipated residual value of the EquipmentOutstanding Balance owing to us, both discounted to present value at 2%. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulativelyterminate your eligibility for Kwik Rewards, we may also use any remedies available to us under the UCC and or take any other law and we may require that you immediately stop using any Financed Itemsaction permitted by applicable law. If we take possession of To the Equipmentmaximum extent permissible under applicable law, you agree to pay the costs of repossession, moving, storage, repair us reasonable attorney’s fees and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court all costs and any other expenses of collection costs, including any collection agency feethat we incur. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay COMMUNICATIONS: We or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later timeagents may call or text by telephone regarding your KRPC Account. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreementwe may place such calls or texts using an automatic dialing/announcing device. You waive all rights under sections 2A-508 through 522 agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may listen to and record phone conversations that you have with us for training purposes or to evaluate the quality of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedyservice.
Appears in 2 contracts
Sources: Kwik Rewards Plus Account Agreement (Credit Card), Credit Card Agreement
Default and Remedies. You will be in default if: (i) you do not pay any Payment or other sum due to us or you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If you are ever in default, at our option, we can cancel this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of term plus the anticipated residual value of the Equipment, both discounted to present value at 2%. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any remedies available to us under the UCC and any other law and we may require that you immediately stop using any Financed Items. If we take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' ’ fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy.
Appears in 2 contracts
Default and Remedies. You Time is of the essence of this Agreement and any of the following events will be "an event of default":
(a) Your failure to make any payment under this Agreement when due, including but not limited to the payment of the application fee, purchase price, finance charge, and annual dues, or (b) The falsity of any representation made by you in default if: this Agreement or your credit application, or (ic) A material breach by you do not pay of any Payment or other sum due to us or you fail to perform in accordance with the covenants, terms and conditions provision of this Agreement or the Member Rules. Should any other agreement "event of default" occur, we may immediately suspend your membership rights. In addition, upon the occurrence of any "event of default", we may, upon 30 days' written notice to you, declare the entire unpaid principal balance of the purchase price, together with us or any the finance charge and annual dues accrued to the date of our affiliates or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If you are ever in default, at our optionimmediately due and payable. Moreover, we can cancel may continue to collect annual dues from you as they accrue for the balance of the initial term or renewal term, as the case may be. In the alternative, we may, upon the occurrence of any "event of default", and upon 30 days' written notice to you, terminate this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of term plus the anticipated residual value of the Equipment, both discounted to present value at 2%. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any remedies available to us under the UCC and any other law and we may require that you immediately stop using any Financed Itemsyour membership. If we take possession terminate this Agreement and your membership because of the Equipmentyour default, which we may, but are not required to do, we shall have all remedies provided by law. If any payment required by this Agreement is not made in full within ten days of its due date, you agree to pay us a late charge in the costs amount set forth in paragraphs 11 and 12. In addition, where permitted by law, reasonable collection charges will be imposed if any payment required by this Agreement is not made in full within 30 days of repossessionits due date and collection efforts are made. If permitted by law, movinga reasonable fee will also be imposed for processing any check or other payment that is returned unpaid. If this Agreement is referred to an attorney for collection after your default, storage, repair and sale. The net proceeds of or if a legal action is commenced to enforce or declare the sale meaning of any Equipment provision of this Agreement, the prevailing party will be credited against what you owe us under this Agreement awarded its reasonable attorney's fees and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC fees and your rights costs incurred in both trial and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedyappellate courts.
Appears in 2 contracts
Sources: Membership Agreement (Thousand Trails Inc /De/), Membership Agreement (Thousand Trails Inc /De/)
Default and Remedies. You will be in default if: (ia) you do not pay any Payment or other sum due to us or any other person when due or if you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform or pay under any material agreement with any other entity; , including but not limited to the License Agreement, (iib) you make or have made any false statement or misrepresentation to us; , (iiic) you or any guarantor dies, dissolvesdissolves or terminates existence, liquidates, terminates existence or is in bankruptcy; (ivd) you or any guarantor suffers there has been a material adverse change in its your or any guarantor’s financial, business or operating condition; or , (ve) any guarantor defaults under any guaranty for this Agreement, or (f) the License Agreement is terminated. If any part of a Payment is more than 5 days late, you agree to pay a late charge of 10% of the Payment which is late or if less, the maximum charge allowed by law. If you are ever in default, at our option, we can cancel terminate this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of the term plus the anticipated residual value of the Equipment, both discounted to present value at 2%, and in addition we shall have the right to cause the termination of all Financed Items. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any or all of the remedies available to us under Article 9 of the UCC and any other law law, including requiring that you: (1) deliver the Licensed Software to us to a location we specify; and we may require that you (2) immediately stop using any Financed ItemsLicensed Software, regardless of whether you are in default of your obligations under the License Agreement. If we take possession In such event you shall, at our option, deliver to us certification executed by your duly-authorized officer certifying that you have ceased your use of the EquipmentLicensed Software. In the event you are entitled to transfer the right to use the Licensed Software to any third party, you hereby agree to pay transfer any such right to use the costs Licensed Software to any third party selected by us and acknowledge that you shall have no right to fees payab le by any third party in connection with such transfer. In addition, we will have the right, immediately and without notice or other action, to set-off against any of repossessionyour liabilities to us any money, movingincluding depository account balances, storageowed by us to you, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiencywhether or not due. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' attorney's fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. If we have to take possession of the Licensed Software, you agree to pay the costs of repossession. YOU AGREE THAT WE SHALL WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. Agreemen t. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy.
Appears in 1 contract
Sources: Installment Payment Agreement
Default and Remedies. You (a) If you don’t make any payment within three days after the due date shown on our invoice, you breach any other obligation under this Agreement or under any other agreement with Pitney ▇▇▇▇▇ and such breach continues for thirty days after we give you notice or you become insolvent or file for bankruptcy, you will be in default if: and we may:
(i) you do not pay any Payment or other sum due to us or you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If you are ever in default, at our option, we can cancel this Agreement and any other agreements Pitney ▇▇▇▇▇ has with you;
(ii) require that you to pay to us immediately all amounts payable under the unpaid balance of this AgreementLease or other agreements, including any future Payments whether then due or payable in the future;
(iii) disable the Meter;
(iv) require you to return the Equipment and Meter, and delete or remove software; and deny you access to software;
(v) if you don’t return the Equipment, require you to immediately pay to us an amount equal to the end of term plus the anticipated residual value of the Equipment, both discounted as determined by us;
(vi) charge you a late charge for each month that your payment is late;
(vii) charge you a check return fee for payments made by you with insufficient funds; and
(viii) pursue any other remedy, including repossessing the Equipment and Meter without notice to present value at 2%you. To the extent permitted by law, you waive any notice of our repossession or disposition of the Equipment or Meter. By repossessing the Equipment or Meter, we aren’t waiving our right to collect the balance due.
(b) We may recover default interest on suspend any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use services during any remedies available to us under the UCC and any other law and we may require period that you immediately stop using any Financed Items. your account is more than thirty days past due.
(c) If we take possession of the Equipment, you agree fail to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us fulfill our obligation under this Agreement properly and you will be responsible on time, or otherwise violate any provision of this Agreement, the State may terminate this Agreement by written notice to us, if we have not cured such violation within thirty (30) days of receipt of written notice of such violation from the State. The notice shall specify the acts or omissions relied upon as cause for any deficiencytermination. In All finished or unfinished work provided by the event Contractor shall, at the State’s option, become the State’s property. For the avoidance of any dispute or enforcement of our rights doubt, there is no “work” provided under this Agreement or any related agreementan individual lease. The State shall pay Pitney ▇▇▇▇▇ fair and equitable compensation for satisfactory performance prior to receipt of notice of termination, you agree less the amount of damages caused by Pitney Bowes’ breach. In no event shall the amount of damages sought exceed an amount equal to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costsone quarterly payment under the applicable lease. Termination hereunder, including any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A the determination of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 obligations of the UCC. If interest is charged or collected in excess parties, shall be governed by the provisions of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy.COMAR 21.07.01.11B.
Appears in 1 contract
Sources: Participating Addendum
Default and Remedies. You will If you (a) fail to pay rent or any other payment hereunder when due; or (b) fail to perform any of the terms, covenants or conditions of the Agreement after ten (10) days written notice; or (c) become insolvent or make an assignment for the benefit of creditors; or (d) a receiver, trustee, conservator or liquidator is appointed with or without your consent, you shall be in default if: under the Agreement and, we may to the extent permitted by applicable law, exercise any one or more of the following remedies; (ii)declare due, ▇▇▇ for and receive from you the sum of all rental payments and other amounts then due and owing under this Agreement or any schedule thereto, plus the present value of (x) you do not pay any Payment or other the sum due to us or you fail to perform in accordance with of the covenants, terms and conditions rental payments for the unexpired term of this Agreement or any other agreement with us schedule hereto discounted at the rate of 6% per annum and (y) the anticipated value of the Equipment at the end of the initial term or any applicable renewal term of our affiliates or fail to perform or pay under any material agreement with any other entitythe Agreement (but in no event less than 15% of the original cost of the Equipment) discounted at the rate of 6% per annum and upon recovery of the same in full, the Equipment shall become your property; (ii) you make or have made to similarly accelerate the balances due under any false statement or misrepresentation to other agreements between us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If you are ever in default, at our option, we can cancel this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of term plus the anticipated residual value of the Equipment, both discounted to present value at 2%. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any remedies available to us under the UCC and any other law and we may require that you immediately stop using any Financed Items. If we take immediate possession of the Equipment, and to lease or sell the Equipment or any portion thereof, upon such terms as we may elect, and to apply the net proceeds, less reasonable selling and administrative expenses, on account of your obligations hereunder; (iv) charge you agree interest on all monies due us from and after the date of default at the rate of one and one third percent (1 1/3%) per month until paid but in no event more than the maximum rate permitted by law; (v) require you to pay return all Equipment at your expense to a place reasonably designated by us; (vi) to charge you for all the expenses incurred in connection with the enforcement of any of our remedies including all costs of repossessioncollection, moving, storage, repair reasonable attorney's fees and salecourt costs. The net proceeds of the sale of When ever any Equipment will be credited against what payment is not made by you owe us under this Agreement and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights under this Agreement or any related agreementwhen due hereunder, you agree to pay us, not later than one month thereafter, as an administrative charge to offset our reasonable attorneys' fees (including collection expenses, an amount calculated at the rate of ten cents per one dollar of each such delayed payment, or $15 whichever is higher, but only to the extent permitted by law. Such amount shall be payable in addition to all amounts payable by you as a result of the exercise of any incurred before or at trialof the remedies herein. All our remedies are cumulative, on appeal or are in addition to any other proceeding)remedies provided for by law and may, actual court costs and to the extent permitted by law, be exercised either concurrently or separately. Exercise of any one remedy shall not be deemed an election of such remedy or to preclude the exercise of any other collection costs, including remedy. No failure on our part to exercise any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any right or remedy and no delay in exercising any right or failure remedy shall operate as a waiver of any right or remedy or to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A modify the terms of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 A waiver of default shall not be construed as a waiver of any other or subsequent default. We shall retain the UCCsum set forth above as a security deposit for your performance of your obligations hereunder. If interest is charged or collected Upon lawful termination of this Agreement, provided you are not in excess of default, the maximum lawful rate, we will refund such excess Security Deposit shall be returned to you, which will . No interest shall be your sole remedypaid upon said Security Deposit. In the event we may apply said Security Deposit to cure any default.
Appears in 1 contract
Default and Remedies. You will be in default if: (i) you do not pay any Payment or other sum due to us or you fail to perform perfonn in accordance aocordance with the covenants, terms tenns and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; : (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If you are ever in default, at our option, we can cancel this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of term plus the anticipated residual value of the Equipment, both discounted to present value at 26%. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any remedies available to us under the UCC and any other law and we may require that you immediately stop using any Financed Items. If we take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY Af\lY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy.. CMF# 20230423
Appears in 1 contract
Sources: Lease Agreement
Default and Remedies. You will be in default if: (i) you do not pay any Payment or other sum due to us or you fail to perform perfonn in accordance aocordance with the covenants, terms tenns and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform perfonn or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor dies, dissolves, liquidates, terminates tenninates existence or is in bankruptcy; : (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If you are ever in default, at our option, we can cancel this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of term plus the anticipated residual value of the Equipment, both discounted to present value at 26%. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any remedies available to us under the UCC and any other law and we may require that you immediately stop using any Financed Items. If we take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY Af\lY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy.. CMF# 20230422
Appears in 1 contract
Sources: Lease Agreement
Default and Remedies. You will be in default if: (i) If you do not pay rent when due, or if you break any Payment of your promises under this Lease or other sum due to us or you fail to perform in accordance with the covenants, terms and conditions of this Agreement or under any other agreement with us, or you become insolvent, assign your assets for the benefit of your creditors, or enter (voluntarily or involuntarily) into a bankruptcy proceeding, you will be in default. If your default is caused by your failure to make any payment when due, we can require that you return the equipment to us or any and pay to us the remaining balance of our affiliates or fail to perform or pay all of the rental payments due under any material agreement with any other entity; this Lease, present valued using a six (ii6%) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreementpercent per year discount rate. If you are ever fail to return the equipment to us, in default, at our option, addition we can cancel this Agreement and also require that you pay to us our residual interest in the unpaid balance of this Agreementequipment, including any future Payments present valued as noted above. You also agree to the end of term plus the anticipated residual value of the Equipment, both discounted to present value at 2%. We may recover default pay us interest on any unpaid amount all sums due us from the date of default until paid at the rate of 12% one and one-half (1-1/2%) percent per yearmonth, but only to the extent permitted by law. Concurrently and cumulativelyIf your default is caused by your breaking any of your other promises under this Lease, we may shall be entitled to recover from you all damages caused by that default. We can also use any of the remedies available to us under the UCC and Uniform Commercial Code or any other law and we may require that you immediately stop using any Financed Itemslaw. If we take possession of the Equipment, you agree refer this Lease to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible an attorney for any deficiency. In the event of any dispute enforcement or enforcement of our rights under this Agreement or any related agreementcollection, you agree to pay our reasonable attorneys' attorney's fees of at least 20% of the remaining balance of all the rental payments, plus our actual costs. If we have to take possession of the equipment, you agree to pay the cost of repossession, storing, shipping, repairing and selling the equipment. Although you agree that we are not obligated to do so, if we decide to sell the equipment, and we are able to sell the equipment for a price that exceeds the sum of (including any incurred before or at triala) our cost of repossession and sale of the equipment and (b) the residual value of the equipment, on appeal or in any other proceeding)present valued as calculated above, actual court costs and any other collection costs, including any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at then we shall give you a later timecredit for the amount of such excess. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of we do not have to notify you that we are selling the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedyequipment.
Appears in 1 contract
Sources: Lease Agreement (Blue Rhino Corp)
Default and Remedies. You will be in default if: (i) If you do not pay any Payment payment or other sum due to us US or other party when due or if you fail to perform break any of your promises in accordance with the covenants, terms and conditions of this Agreement or any other agreement Agreement with us US, you will be in default. If any part of a payment is late, you agree to pay a late charge of 15% of the payment which is late or any of our affiliates or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor diesif less, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreementthe maximum charge allowed by law. If you are ever in default, WE may retain your security deposit and at our OUR option, we WE can terminate or cancel this Agreement and require that you pay (1) the unpaid balance of this AgreementAgreement (discounted at 4%); (2) the amount of any purchase option and if none is specified, including any future Payments to 20% of the end of term plus the original equipment cost which represents OUR anticipated residual value of in the Equipment, both discounted equipment; (3) and return the equipment to present value at 2%US to a location designated by US. We WE may recover default interest on any unpaid amount balance at the rate of 128% per yearannum. Concurrently and cumulatively, we WE may also use any of the remedies available avail-able to us US under Article 2A of the UCC and Uniform Commercial Code as enacted in the State of CALIFORNIA or any other law and we may require that you immediately stop using any Financed Itemslaw. If we WE refer this Agreement to an attorney for collection, you agree to pay OUR reasonable attorney's fees and actual court costs. If WE have to take possession of the Equipmentequipment, you agree to pay the costs cost of repossession, moving, storage, repair and sale. The net proceeds of the sale of any repossessed Equipment will be credited against what you owe us US under this Agreement and you will be responsible for any deficiencyAgreement. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. YOU AGREE THAT WE SHALL WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION DEFAULT BY ANYONEUS UNDER THIS AGREEMENT. Any You agree that any delay or failure to enforce our OUR rights under this Agreement will does not prevent us US from enforcing any rights at a later time. You agree It is further agreed that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You , and you waive all Client's rights under sections 2A-508 through 522 Article 2A (508-522) of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy.
Appears in 1 contract
Default and Remedies. You will be in default if: (i) you do not pay any Payment or other sum due to us or you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If you are ever in default, at our option, we can cancel this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of term plus the anticipated residual value of the Equipment, both discounted to present value at 2%. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any remedies available to us under the UCC and any other law and we may require that you immediately stop using any Financed Items. If we take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights r ights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' ’ fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this AgreementAgreem ent. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy.
Appears in 1 contract
Sources: Loffler New Printer Agreement
Default and Remedies. You will be in default if: (i) If you do not pay any Payment payment or other sum due to us US or other party when due or if you fail to perform break any of your promises in accordance with the covenants, terms and conditions of this Agreement or any other agreement Agreement with us US, you will be in default. If any part of a payment is late, you agree to pay a late charge of 15% of the payment which is late or any of our affiliates or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor diesif less, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreementthe maximum charge allowed by law. If you are ever in default, WE may retain your security deposit and at our OUR option, we WE can terminate or cancel this Agreement and require that you pay (1) the unpaid balance of this AgreementAgreement (discounted at 4%); (2) the amount of any purchase option and if none is specified, including any future Payments to 20% of the end of term plus the original equipment cost which represents OUR anticipated residual value of in the Equipment, both discounted equipment; (3) and return the equipment to present value at 2%US to a location designated by US. We WE may recover default interest on any unpaid amount balance at the rate of 128% per yearannum. Concurrently and cumulatively, we WE may also use any of the remedies available avail-able to us US under Article 2A of the UCC and Uniform Commercial Code as enacted in the State of CALIFORNIA or any other law and we may require that you immediately stop using any Financed Itemslaw. If we WE refer this Agreement to an attorney for collection, you agree to pay OUR reasonable attorney’s fees and actual court costs. If WE have to take possession of the Equipmentequipment, you agree to pay the costs cost of repossession, moving, storage, repair and sale. The net proceeds of the sale of any repossessed Equipment will be credited against what you owe us US under this Agreement and you will be responsible for any deficiencyAgreement. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. YOU AGREE THAT WE SHALL WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION DEFAULT BY ANYONEUS UNDER THIS AGREEMENT. Any You agree that any delay or failure to enforce our OUR rights under this Agreement will does not prevent us US from enforcing any rights at a later time. You agree It is further agreed that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You , and you waive all Client’s rights under sections 2A-508 through 522 Article 2A (508-522) of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy.
Appears in 1 contract
Default and Remedies. You will be in default if: (ia) you do not pay any Payment or other sum due to us or any other person when due or if you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform or pay under any material agreement with any other entity; lender, (iib) you make or have made any false statement or misrepresentation to us; , (iiic) you or any guarantor dies, dissolvesdissolves or terminates existence, liquidates, terminates existence or is in bankruptcy; (ivd) you or any guarantor suffers there has been a material adverse change in its your or any guarantor’s financial, business or operating condition; , or (ve) any guarantor defaults under any guaranty for this Agreement. If any part of a Payment is more than 5 days late, you agree to pay a late charge of 10% of the Payment which is late or if less, the maximum charge allowed by law. If you are ever in default, at our option, we can cancel terminate this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of the term plus the anticipated residual value purchase price of the Equipment, Equipment (both discounted to present value at 2%). We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any or all of the remedies available to us under Articles 2A and 9 of the UCC and any other law law, including requiring that you: (1) return the Equipment to us to a location we specify; and we may require that you (2) immediately stop using any Financed Items. In addition, we will have the right, immediately and without notice or other action, to set-off against any of your liabilities to us any money, including depository account balances, owed by us to you, whether or not due. In the event of any dispute or enforcement of rights under this Agreement or any related agreement, you agree to pay our reasonable attorney's fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. If we have to take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiencyAgreement. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. YOU AGREE THAT WE SHALL WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy.
Appears in 1 contract
Sources: Lease Agreement
Default and Remedies. You will be in default if: (i) you do not pay any Payment or other sum due to us or you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If you are ever in default, at our option, we can cancel this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments Paym ents to the end of term plus the anticipated residual value of the Equipment, both discounted to present value at 2%. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any remedies available to us under the UCC and any other law and we may require that you immediately stop using any Financed Items. If we take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including includ ing any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is Agreement, in the hands of our assignee, is, or shall be treated as, a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 2A-507 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy.
Appears in 1 contract
Sources: Value Lease Agreement
Default and Remedies. You will be in default if: (ia) you do not pay any Payment or other sum due to us or any other person when due or if you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform or pay under any material agreement with any other entity; lender, (iib) you make or have made any false statement or misrepresentation to us; , (iiic) you or any guarantor dies, dissolves, liquidates, dissolves or terminates existence or is in bankruptcy; existence,
(ivd) you or any guarantor suffers there has been a material adverse change in its your or any guarantor’s financial, business or operating condition; , or (ve) any guarantor defaults under any guaranty for this Agreement. If any part of a Payment is more than 5 days late, you agree to pay a late charge of 10% of the Payment which is late or if less, the maximum charge allowed by law. If you are ever in defaultdefaul t, at our option, we can cancel terminate this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of the term plus the anticipated residual value purchase price of the Equipment, Equipment (both discounted to present value at 2%). We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any or all of the remedies available to us under Articles 2A and 9 of the UCC and any other law law, including requiring that you: (1) return the Equipment to us to a location we specify; and we may require that you (2) immediately stop using any Financed Items. In addition, we will have the right, immediately and without notice or other action, to set-off against any of your liabilities to us any money, including depository account balances, owed by us to you, whether or not due. In the event of any dispute or enforcement of rights under this Agreement or any related agreement, you agree to pay our reasonable attorney's fees (including any incurred before or at tria l, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. If we have to take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiencyAgreement. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. YOU AGREE THAT WE SHALL WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess not be subject to you, which will be your sole remedyany penalties.
Appears in 1 contract
Sources: Lease Agreement
Default and Remedies. You will be in default if: (ia) you do not pay any Payment or other sum due to us or when due or if you fail to perform in accordance acc ordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform or pay under any material agreement with any other entity; affiliates, (iib) you make or have made any false statement or misrepresentation to us; , (iiic) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers there has been a material adverse change in its your or any guarantor’s financial, business or operating condition; , or (vd) any guarantor defaults under any guaranty for this Agreement. If any part of a Payment is more than 5 days late, you agree to pay a late charge of 10% of the Payment which is late, or if less, the maximum charge allowed by law. If you are ever in default, at our option, we can cancel terminate this Agreement and require that you pay the unpaid balance of this AgreementAgreement , including any future Payments to the end of the term plus the anticipated residual value of the Equipment, Equipment (both discounted to present value at 2%). We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any or all of the remedies available to us under Articles 2A and 9 of the UCC and any other law law, including requiring that you: (1) return the Equipment to us to a location we specify; and we may require that you (2) immediately stop using any Financed Items. In addition, we will have the right, immediately and without notice or other action, to set-off against any of your liabilities to us any money, including depository account balances, owed by us to you, whether or not due. In the event of any dispute or enforcement of rights under this Agreement or any related agreement, you agree to pay our reasonable attorney's fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, includ ing any collection agency fee. If we have to take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiencythi s Agreement. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. YOU AGREE THAT WE SHALL WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess not be subject to you, which will be your sole remedyany penalties.
Appears in 1 contract
Sources: Value Rental Lease Agreement
Default and Remedies. You will be in default if: (If you; i) you do not pay fail to make any Payment payments of Rent or any other sum amounts when due under this Lease, or ii) fail to perform any of your obligations to us or breach any of your warranties to us under this Lease, or iii) have a default declared against you fail to perform in accordance with the covenants, terms and conditions of this Agreement or on any other agreement obligation you have with us or any of our affiliates another party, or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) commit or allow anything that may jeopardize our rights in the Equipment or causes us to deem ourselves insecure as to our rights under this Lease, you or any guarantor suffers a material adverse change are in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreementdefault. If you are ever in default, we may accelerate the remaining Rents due under this Lease, and you agree to pay as damages an amount equal to 115% of the sum of the present value of the remaining Rent payments and our estimated value of our residual interest in the Equipment at our option, we can cancel this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of term plus the anticipated residual value of the EquipmentBasic Term, both discounted to present value at 2%. We may recover default interest on any unpaid amount at the rate of 126% per year. Concurrently and cumulativelyIn addition, we may demand the immediate return of the Equipment to us. If you return the Equipment to us and we are able to sell or re-lease the Equipment, we will credit the damages you owe us by the net sale price we receive for the Equipment or the monthly payments we receive from any re-lease of the Equipment during the remaining term of this Lease, however, such credit will never exceed the damages received by us from you. We may also use any other remedies available to us under the UCC and any other law and we may require that you immediately stop using any Financed Items. If we take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiencyapplicable law. In the event of any dispute or enforcement of our rights under this Agreement or any related agreementdefault, you agree to pay our reasonable attorneys' fees (’ fees, plus all of our costs resulting from the default, including any incurred before or at trialcosts of repossessing and refurbishing the Equipment. If we repossess the Equipment, we do not waive our right to collect the balance due on appeal or in any other proceeding)this Lease, actual court costs and any other collection costs, including any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or of failure on our part to enforce any of our rights under this Agreement Lease will not prevent us from enforcing any rights doing so at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A We may exercise any of the UCC and our remedies described above simultaneously or consecutively. We will always use good faith attempts to mitigate your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedydamages.
Appears in 1 contract
Default and Remedies. You will be in default ifThe term "Event of Default" shall mean any one or more of the following: (i1) you do not pay your payment or any Payment other amount payable to us by its due date; or (2) you voluntarily or involuntarily commence any action for relief seeking bankruptcy, insolvency, reorganization or relief from debtors; or (3) you seek appointment of receiver, custodian or similar official for your assets or make a general assignment for the benefit of your creditors; or (4) you discontinue normal business operations for a period greater than 10 days; or (5) you breach any other sum due terms or conditions of this Agreement; or (6) any of the Equipment is lost or destroyed; or (7) any guarantor of your obligations under this Agreement dies or defaults in any obligation or liability to us or any guaranty obtained in connected with this transaction is terminated or breached. Upon the occurrence of an Event of Default, you fail will be deemed to perform be in accordance with the covenants, terms and conditions of this Agreement or default under any other agreement you may have entered into with us or any of our affiliates or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreementaffiliates. If you are ever in default, at our option, we can cancel may require you to do any one or more of the following: (1) immediately pay all amounts then due under this Agreement and require that you pay together with the present value of the remaining unpaid payments due over the balance of the term of this Agreement, including any future Payments to the end discounted at an annual rate of term plus the anticipated residual value 2%, as determined by us in our sole discretion; (2) promptly return all of the Equipment, both discounted ; and/or (3) allow us to present value at 2%peaceably repossess the Equipment. We may recover In the event that you do not meet these requirements should a default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulativelyoccur, we may also are permitted to use any and all remedies available to us under the UCC and Uniform Commercial Code or any other law and we may require that you immediately stop using any Financed Itemsapplicable law. If we it is necessary for us to take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement remarketing and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay us our reasonable attorneys' fees (including and costs associated with any incurred before legal action we undertake in the event of your default. We may sell or lease any repossessed Equipment at trial, on appeal a time and location of our choosing provided that we act in good faith and in a commercially reasonable manner. We will give you reasonable notice of the time and place of any public sale of the Equipment or in of the time after which any private sale or any other proceeding), actual court costs and any other collection costs, including any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A intended disposition of the UCC and Equipment is to be made. Unless otherwise provided by law, the requirement of reasonable notice shall be met if such notice is mailed, postage prepaid, to your rights and remedies are governed exclusively by address shown herein at least 10 days prior to the time of the sale or disposition. Additionally, if you default, we may retain any security deposits to insure your performance under this Agreement. You waive all rights under sections 2A-508 through 522 At the termination of the UCC. If interest is charged or collected this Agreement, if you are not in excess of the maximum lawful ratedefault, we will refund such excess to you, which any remaining security deposit will be your sole remedyrefunded to you without interest.
Appears in 1 contract
Default and Remedies. You will be in default ifEach of the following is a “Default” under this Lease: (ia) you fail to pay any amount within thirty (30) days of its due date, (b) any representation or warranty made by you in this Lease is false or incorrect and/or you do not pay perform any Payment or of your other sum due to us or you fail to perform in accordance with the covenants, terms and conditions of obligations under this Agreement or Lease and/or under any other agreement with us or with any of our affiliates and this failure continues for thirty (30) days after we have notified you of it, (c) a petition is filed by or fail to perform against you or pay any guarantor under any material agreement with bankruptcy or insolvency law or a trustee, receiver or liquidator is appointed for you, any other entity; guarantor or any substantial part of your assets, (ii) you make or have made any false statement or misrepresentation to us; (iiid) you or any guarantor diesmakes an assignment for the benefit of creditors, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (ve) any guarantor defaults under any guaranty for this Agreementdies, stops doing business as a going concern or transfers all or substantially all of such guarantor’s assets, or (f) you stop doing business as a going concern or transfer all or substantially all of your assets. If you are ever in default, at our optiona Default occurs, we can cancel this Agreement have the right to exercise any and all legal remedies available to us by applicable laws, including those set forth in Article 2A of the UCC. YOU WAIVE ANY AND ALL RIGHTS AND REMEDIES AS A CUSTOMER OR LESSEE THAT YOU HAVE UNDER ARTICLE 2A OF THE UCC AGAINST US (BUT NOT AGAINST THE MANUFACTURER OF THE EQUIPMENT). Additionally, we are entitled to all past due payments and we may accelerate and require that you to immediately pay us the unpaid balance future payments due under the Lease present valued at the discount rate of this Agreement, including any future Payments 3% per year to the date of default plus the present value (at the same discount rate) of our anticipated value of the equipment at the end of the term plus the anticipated residual value of the Equipmentthis Lease, both discounted to present value at 2%. We and we may recover default charge you interest on any unpaid amount all amounts due us from the date of default until paid at the rate of 121.5% per yearmonth, but in no event more than the maximum rate permitted by applicable law. Concurrently We may repossess the Equipment (and, with respect to any Software, (i) immediately terminate your right to use the Software including the disabling (on-site or by remote communication) of any Software; (ii) demand the immediate return and cumulativelyobtain possession of the Software and re-license the Software at a public or private sale; and/or (iii) cause the Software Supplier to terminate the Software License, we may also use any remedies available to us support and other services under the UCC Software License), and pursue you for any deficiency balance after disposing the Equipment, all to the extent permitted by law. You waive the rights you may have to notice before we seize any of the Equipment. You agree that all rights and remedies are cumulative and not exclusive. You promise to pay reasonable attorneys’ fees and any other law cost associated with any action to enforce this Lease. This action will not void your responsibility to maintain and we may require that you immediately stop using care for the Equipment, nor will Ricoh be liable for any Financed Itemsaction taken on our behalf. If we take possession of the Equipment, you we agree to pay sell or otherwise dispose of it under such terms as may be acceptable to us in our discretion with or without notice, at a public or private disposition, and to apply the costs of repossession, moving, storage, repair and sale. The net proceeds of (after we have deducted all costs, including reasonable attorneys’ fees) to the sale of any Equipment will be credited against what amounts that you owe us under this Agreement and you us. You will be remain responsible for any deficiency. In the event of deficiency that is due after we have applied any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedynet proceeds.
Appears in 1 contract
Sources: Lease Agreement
Default and Remedies. You will If you (a) fail to pay rent or any other payment hereunder when due; or (b) fail to perform any of the other terms, covenants or conditions of this Agreement after ten (10) days written notice; or (c) become insolvent or make an assignment for the benefit of creditors; or (d) a receiver, trustee, conservator or liquidator is appointed with or without your consent, you shall be in default ifunder the Agreement and, we may, to the extent permitted by applicable law, exercise any one or more of the following remedies: (i) declare due, sue for and receive from you do not pay the sum of all rental payments and other amounts then due and owing under this Agreement or any Payment or other schedule thereto, plus the present value of (x) the sum due to us or you fail to perform in accordance with of the covenants, terms and conditions rental payments for the unexpired term of this Agreement or any other agreement with us schedule hereto discounted at the rate of 6% per annum and (y) the anticipated value of the equipment at the end of the initial term or any applicable renewal term of our affiliates or fail to perform or pay under any material agreement with any other entitythe Agreement (but in no event less than 15% of the original cost of the Equipment) discounted at the rate of 6% per annum and upon recovery of the same in full, the Equipment shall become your property; (ii) you make or have made to similarly accelerate the balances due under any false statement or misrepresentation to other agreements between us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If you are ever in default, at our option, we can cancel this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of term plus the anticipated residual value of the Equipment, both discounted to present value at 2%. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any remedies available to us under the UCC and any other law and we may require that you immediately stop using any Financed Items. If we take immediate possession of the Equipment, and to lease or sell the Equipment or any portion thereof, upon such terms as we may elect, and to apply the net proceeds, less reasonable selling and administrative expenses, on account of your obligations hereunder; (iv) charge you interest on all monies due us from and after the date of default at the rate of one and one third percent (1-1/3%) per month until paid but in no event more than the maximum rate permitted by law; (v) require you to return all Equipment at your expense to a place reasonably designated by us; (vi) to charge you for all the expenses incurred in connection with the enforcement of any of our remedies including all costs of collection, reasonable attorney's fees and court costs. Whenever any payment is not made by you when due hereunder, you agree to pay us, not later than one month thereafter, as an administrative charge to offset our collection expenses, an amount calculated at the costs rate of repossessionten cents per one dollar for each such delayed payment, movingor $15 whichever is higher, storage, repair and salebut only to the extent permitted by law. The net proceeds Such an amount shall be payable in addition to all amounts payable by you as a result of the sale exercise of any Equipment will of the remedies provided herein. All our remedies are cumulative, are in addition to any other remedies provided for by law and may, to the extent permitted by law, be credited against what exercised either concurrently or separately. Exercise of any one remedy shall not be deemed an election of such remedy or to preclude the exercise of any other remedy. No failure on our part to exercise any right or remedy and no delay in exercising any right or remedy shall operate as a waiver of any right or remedy or to modify the terms of this Agreement. A waiver of default shall not be construed as a waiver of any other or subsequent default. We shall retain the sum set forth above as a security deposit for your performance of your obligations hereunder. Upon lawful termination of this Agreement, provided you owe us under this Agreement and you will are not in default, the Security Deposit shall be responsible for any deficiencyreturned to you. No interest shall be paid upon said Security Deposit. In the event of default we may apply said Security Deposit to cure any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedydefault.
Appears in 1 contract
Sources: Equipment Lease Agreement (Deerbrook Publishing Group Inc)
Default and Remedies. You will be are in default if: (iif you a) you do not fail to pay any Payment or other sum due to us or you Rental when due; b) fail to perform in accordance comply with the covenants, terms and conditions any requirement of this Agreement or and/or any other obligation to us and/or any license agreement, system support agreement, mandatory maintenance agreement with or installation agreement, pertaining to the Equipment; c) any representation made to us by or any on behalf of our affiliates or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or and/or any guarantor diesof your obligations hereunder is found to have been false when made. Upon such default, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If you are ever in defaultwe may, at our option, we can cancel do one or more of the following: a) require you to immediately pay the remaining amounts due under this Agreement and require that you pay including but not limited to the unpaid balance of unpaid Rentals discounted to its present value at a rate of 5% per year; b) terminate this Agreement, including Agreement and/or any future Payments other agreements we have entered into with you; c) require you to immediately pay us the end of term plus the anticipated residual value of the Equipment or promptly return the Equipment to us in good condition; d) peacefully enter onto your premises and take possession of the Equipment without liability to you for trespass or damages; e) deactivate the Equipment, both discounted to present value at 2%. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently ; and cumulatively, we may also f) use any other remedies available to us under at law or in equity. You agree that any delay or failure by us to enforce this Agreement does not prevent us from enforcing our rights at a later time. You agree to pay all of our costs to enforce this Agreement including reasonable attorney's fees and the UCC costs of repossessing, refurbishing, storing and any other law and we may require that you immediately stop using any Financed Itemsselling the Equipment. If we take possession of the Equipment, you agree we may sell or otherwise dispose of it at a public or private sale, and apply the proceeds (after deducting our disposition costs) to pay the costs of repossession, moving, storage, repair and saleamounts that are due to us. The net proceeds of the sale Our acceptance of any Equipment will be credited against what you owe us under this Agreement amount due hereunder which is less than payment in full of all amounts due and you will be responsible for any deficiency. In the event of any dispute or enforcement owing at that time shall not constitute a waiver of our rights under this Agreement or any related agreement, you agree right to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or receive payment in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedyfull.
Appears in 1 contract
Default and Remedies. You will be in default if: (i) If you do not pay any Payment Rent or other sum due to us or any other party when the same is due, or if you fail to perform break any of your promises in accordance with the covenants, terms and conditions of this Rental Agreement or any other agreement with us us, you will be in default. If any part of a payment is late, you agree to pay a late charge equal to 15% of the late payment, or any of our affiliates or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor diesthe maximum amount allowed by law, dissolves, liquidates, terminates existence or whichever is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreementless. If you are ever in default, we may retain your security deposit and, at our option, we can terminate or cancel this Rental Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments Rental Agreement ([C.I.]). In addition to the end foregoing we may require you to pay the amount of term plus any purchase option or, if no purchase option is specified, our estimate of the Fair Market Value of the Equipment which will be at least [C.I.] of tour original cost of the Equipment which represents our anticipated residual value of the Equipment, both discounted or to present value at 2%return the Equipment to us to a location designated by us. We may recover default interest on of any unpaid amount balance at the rate of 1218% per yearyear or the maximum rate allowed by law. Concurrently and cumulatively, we We may also use any of the remedies available to us under Article 2A of the UCC and Uniform Commercial Code as enacted in the State of New Jersey, or any other law and we may require that you immediately stop using any Financed Itemslaw. If we refer this Rental Agreement to an attorney for collection, you agree to pay our reasonable attorney's fees and actual costs, including court costs, of collection. If we have to take possession of the Equipment, you agree to pay the costs cost of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. YOU AGREE THAT WE SHALL WILL NOT BE RESPONSIBLE TO PAY YOU FOR ANY CONSEQUENTIAL, INDIRECT CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR DUE TO ANY DEFAULT, ACT OR OMISSION DEFAULT BY ANYONEUS UNDER THIS RENTAL AGREEMENT. Any You agree that any delay or failure to enforce our rights under this Rental Agreement will does not prevent us from enforcing any rights at a later time. You agree It is further agreed that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You Rental Agreement and you waive any and all other rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedyand remedies.
Appears in 1 contract
Default and Remedies. You will be in default if: (i) If you do not pay any Payment payment or other sum due to other party or us when due or if you fail to perform break any of your promises in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us us, you will be in default. If any part of a payment is late, you agree to pay a late charge of 15% of the payment which is late or any of our affiliates or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor diesif less, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreementthe maximum charge allowed by law. If you are ever in default, we may retain your security deposit and at our option, we can terminate or cancel this Agreement and require that you (1) pay the unpaid balance of this Agreement, including any future Payments to the end of term plus the anticipated residual value of the Equipmentaccrued but unpaid payments, both discounted to present value at six percent per annum and (2%) unless you have paid the amount in (1), return the Equipment to us to a location designated by us. We may sell, lease or otherwise dispose of all or any part of the Equipment at public or private sale, with or without notice and may bid and purchase the Equipment or any of it at such sale. The proceeds of sale, lease or other disposition shall first be applied to all costs and expenses incurred in taking, removing, holding, repairing and selling or otherwise disposing of the Equipment, attorneys fees and court costs, and our other obligations hereunder (excluding repayments); then to pay all sums remaining unpaid hereunder, with any remaining surplus belonging to you. You will be obligated to pay any deficiency remaining after such application of proceeds. We may recover default interest on any unpaid amount balance at the rate of 128% per yearannum. Concurrently and cumulatively, we We may also use any of the remedies available to us under Article 9 of the UCC and Uniform Commercial Code as enacted in the State of Minnesota or any other law and we may require that you immediately stop using any Financed Itemslaw. If we take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under refer this Agreement and you will be responsible to an attorney for any deficiency. In the event of any dispute or enforcement of our rights under this Agreement or any related agreementcollection, you agree to pay our reasonable attorneys' attorney's fees (including any incurred before or at trial, on appeal or in any other proceeding), and actual court costs and any other collection costs. If we have to take possession of the equipment, including any collection agency feeyou agree to pay the cost of repossession. YOU AGREE THAT WE SHALL WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION DEFAULT BY ANYONEUS UNDER THIS AGREEMENT. Any You agree that any delay or failure to enforce our rights under this Agreement will does not prevent us from enforcing any rights at a later time, and the exercise of any remedy shall not prevent the exercise of any other remedy. You agree It is further agreed that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy.
Appears in 1 contract
Sources: Equipment Finance Agreement
Default and Remedies. You will be in default if: (ia) you do not pay any the Payment or other sum due to us or any other person when due or if you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform or pay under any material agreement with any other entity; lender, (iib) you make or have made any false statement or misrepresentation to us; , (iiic) you or any guarantor dies, dissolvesdissolves or terminates existence, liquidates, terminates existence or is in bankruptcy; (ivd) you or any guarantor suffers there has been a material adverse change in its your or any guarantor’s financial, business or operating condition; , or (ve) any guarantor defaults under any guaranty for this Agreement. If any part of a Payment is more than 5 days late, you agree to pay a late charge equal to: 1) the greater of 5% of the Payment which is late or $20.00 or 2) if less, the maximum charge allowed by law. If you are ever in default, at our option, we can cancel this Agreement and may require that you pay 1) all past due amounts, and 2) all remaining Payments for the unpaid balance of this Agreementunexpired term, including any future Payments to the end of term plus the anticipated our booked residual value of the Equipment, (both discounted to present value at 2%). We may recover default interest on any unpaid amount amount, from the due date, at the rate of 1218% per year. Concurrently and cumulatively, we may also use any or all of the remedies available to us under Articles 2A and 9 of the UCC and any other law law, including requiring that you: (1) at your expense, return the Equipment to us to a location we specify; and we may require that you (2) immediately stop using any Financed Items. If we take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights under this Agreement or any related agreementAgreement, you agree to pay our reasonable attorneys' ’ fees (including any those incurred before or at trial, on appeal or in any other proceeding), actual court costs and costs, any other collection costs and repossession costs. The net proceeds of the sale of any Equipment, including any collection agency feeif any, will be credited against the amounts you owe us under this Agreement. WE SHALL WILL NOT BE RESPONSIBLE TO PAY YOU LIABLE FOR ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONEDAMAGES. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is Agreement, in the hands of our assignee, is, or shall be treated as, a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 2A-507 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess not be subject to you, which will be your sole remedyany penalties.
Appears in 1 contract
Sources: Lease Agreement
Default and Remedies. You will be in default if: (i) If you do not pay any Payment lease payment or other sum due to us or other party when due or if you fail to perform break any of your promises in accordance with the covenants, terms and conditions of this Agreement or any other agreement Agreement with us us, you will be in default. If any part of a payment is late, you agree to pay a late charge of 15% of the payment which is late or any of our affiliates or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor diesif less, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreementthe maximum charge allowed by law,. If you are ever over in default, we may retain your security deposit and at our option, we can terminate or cancel this Agreement and require that you your pay (1) the unpaid balance of this AgreementAgreement (discounted at 6%); (2) the amount of any purchase option and if none is specified, including any future Payments to 20% of the end of term plus the original equipment cost which represents our anticipated residual value of in the Equipment, both discounted equipment; (3) and return the equipment to present value at 2%us to a location designated by us. We may recover default interest on any unpaid amount balance at the rate of 128% per yearannum. Concurrently and cumulatively, we We may also use any of the remedies available to us under Article 2A of the UCC and Uniform Commercial Code as enacted in the Suite of Minnesota or any other law and we may require that you immediately stop using any Financed Itemslaw. If we refer this Agreement to an attorney for collection, you agree to pay our reasonable attorney’s fees and actual court costs. If we have to take possession of the Equipmentequipment, you agree to pay the costs cost of repossession, moving, storage, repair and sale. The net proceeds of the sale of any repossessed Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiencyAgreement. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. YOU AGREE THAT WE SHALL WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION DEFAULT BY ANYONEUS UNDER THIS AGREEMENT. Any You agree that any delay or failure to enforce our rights under this Agreement will does not prevent us from enforcing any rights at a later time. You agree It is further agreed that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You Agreement and you waive all lessee’s rights under sections 2A-508 through 522 Article 2A (508-522) of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy.
Appears in 1 contract
Default and Remedies. You will If you (a) fail to pay rent or any other payment hereunder when due; or (b) fail to perform any of the terms, covenants or conditions of this Agreement after ten (10) days written notice; or (c) become insolvent or make an assignment for the benefit of creditors; or (d) a receiver, trustee, conservator or liquidator is appointed with or without your consent, you shall be in default ifunder the Agreement and, we may to the extent permitted by applicable law, exercise any one or more of the following remedies: (i) declare due, sue for and receive from you do not pay the s▇▇ of all rental payments and other amounts then due and owing under this Agreement or any Payment or other schedule hereto, plus the present value of (x) the sum due to us or you fail to perform in accordance with of the covenants, terms and conditions rental payments for the unexpired term of this Agreement or any other agreement with us or any schedule hereto discounted at the rate of our affiliates or fail to perform or pay under any material agreement with any other entity6% per annum and (y) the anticipated value of the Equipment at the end of the initial term of applicable renewal term of the Agreement (but in no event less than 15% of the original cost of the Equipment) discounted at the rate of 6% per annum and upon recovery of the same in full, the Equipment shall become your property; (ii) you make or have made to similarly accelerate the balances due under any false statement or misrepresentation to other agreements between us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If you are ever in default, at our option, we can cancel this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of term plus the anticipated residual value of the Equipment, both discounted to present value at 2%. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any remedies available to us under the UCC and any other law and we may require that you immediately stop using any Financed Items. If we take immediate possession of the Equipment, and to lease or sell the Equipment or any portion thereof, upon such terms as we may elect, and to apply the net proceeds, less reasonable selling and administrative expenses, on account of your obligations hereunder; (iv) charge you interest on all monies due us from and after the date of default at the rate of one and one third percent (1-1/3%) per month until paid but in no event more than the maximum rate permitted by law; (v) require you to return all Equipment at your expense to a place reasonably designated by us; (vi) to charge you for all the expenses incurred in connection with the enforcement of any of our remedies including all costs of collection, reasonable attorney's fees and court costs. When ever any payment is not made by you when due hereunder, you agree to pay us, not later than one month thereafter, as an administrative charge to offset our collection expenses, an amount calculated at the costs rate of repossessionten cents per one dollar for each such delayed payment, movingor $15 whichever is higher, storage, repair and salebut only to the extent permitted by law. The net proceeds Such amount shall be payable in addition to all amounts payable by you as a result of the sale exercise of any Equipment will of the remedies provided herein. All our remedies are cumulative, are in addition to any other remedies provided for by law and may, to the extent permitted by law, be credited against what exercised either concurrently or separately. Exercise of any one remedy shall not be deemed an election of such remedy or to preclude the exercise of any other remedy. No failure on our part to exercise any right or remedy and no delay in exercising any right or remedy shall operate as a waiver of any right or remedy or to modify the terms of this Agreement. A waiver of default shall not be construed as a waiver of any other or subsequent default. We shall retain the sum set forth above as a security deposit for your performance of your obligations hereunder. Upon lawful termination of this Agreement, provided you owe us under this Agreement and you will are not in default, the Security Deposit shall be responsible for any deficiencyreturned to you. No interest shall be paid upon said Security Deposit. In the event of default we may apply said Security Deposit to cure any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedydefault.
Appears in 1 contract