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Agenda - Council - 08/12/2008
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Agenda - Council - 08/12/2008
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3/19/2025 9:26:05 AM
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8/8/2008 2:11:33 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
08/12/2008
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Party in this Security Agreement. <br />c. If any part of this Security Agreement- is unenforceable, all other parts remain in <br />effect. <br />d. This Security Agreement shall bind all persons who become bound as a debtor to <br />this Security Agreement, and shall bind and inure to the benefit of the parties and their heirs, <br />personal representatives, successors and assigns. Debtor shall not assign its rights and interests <br />under this Security Agreement without the prior written approval of Secured Party. Debtor shall <br />render performance under this Security Agreement to Secured Party. Debtor waives and will not <br />assert against Secured. Party any claims, defenses or set-offs which Debtor could assert against <br />Secured Party except defenses which cannot be waived. <br />e. Any notices required or permitted to be given under this Security Agreement <br />shall be sufficient if (i) in writing and (ii) either (1) personally delivered or (2) sent by certified <br />or registered mail,-return receipt requested and postage prepaid, or {3) sent by telefax, telex, <br />telegram, a-mail or similar .electronic means where receipt is acknowledged, or (4) sent by <br />overnight U.S. Express mail or overnight letter (commercial courier), to the party's address as set <br />forth above. Any notice required or permitted to be given under this Security Agreement shall be <br />deemed effective upon receipt or failure to accept delivery. Notice of any change in address <br />shall be given as set forth in this section. <br />f. This Security Agreement (including any exhibits, all of which are incorporated <br />in and made a part of this Security Agreement by this reference) contains the entire agreement of <br />the parties concerning. its subject matter. Debtor may not use any oral statement to contradict or <br />alter the .written terms of, or raise a defense to, this Security Agreement. Any modification to <br />this Security Agreement must be in writing and properly authenticated by Debtor and Secured <br />Party. <br />g. Each party hereby represents and warrants that its entry into and its performance <br />of its obligations under this Security Agreement are fully authorized and that all necessary <br />actions therefor have been taken by it, and the person(s) signing this Security Agreement below <br />on such party's behalf represents and warrants that he or she is fully authorized to do so. <br />h. Captions in this Security Agreement are-used for convenience only and are not to <br />be used in construing this Security Agreement. Words in the singular include the plural and vice <br />versa, any one gender includes all other genders, "includes" and "including" are not limiting, <br />"or" is disjunctive but not exclusive, and "all" includes "any" and vice versa. <br />Page 9 <br />_gg_ <br />
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