Agenda - Council - 08/13/2013 - Laserfiche WebLink

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SECTION 7. Headinus. Section headings in this Agreement are for convenience of reference only and shall not govern, or be used in, the interpretation of any of the provisions of this Agreement. SECTION 8. Financing Statements. The School agrees to execute and deliver to the Trustee such further agreements and assignments or other instruments and do all such other things to assure the Trustee of its security interest hereunder, including such financing statement or statements or amendments thereof or supplements thereto or other instruments required in order to comply with the Minnesota Uniform Commercial Code, Minnesota Statutes, Chapter 336, as amended, and any successor statute(s) thereto (the "Code"). The School and the Trustee hereby agree that a carbon, photographic, or other reproduction of this Agreement or any such financing statement is sufficient for filing as a financing statement by the Trustee without notice thereof to the School. In the event for any reason the law of any other jurisdiction than the State of Minnesota becomes or is applicable to the Indenture, the Bonds, or this Agreement, the School agrees to execute and deliver all such instruments and do all such other things necessary or appropriate to preserve, protect, and enforce the security interest of the Trustee under the law of such other jurisdiction to at least the same extent as such security interest would be protected under the Code. SECTION 9. Execution and Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute but one and the same document. SECTION 10. No Waiver: Cumulative Remedies. The Trustee shall not by any act, delay, omission, or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by the Trustee, and then only to the extent therein set forth. A waiver by the Trustee of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Trustee would otherwise have on any further occasion. No failure to exercise nor any delay in exercising by the Agent of any right, power, or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any right, power, or privilege. The rights and remedies herein provided are cumulative and may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law. SECTION 11. Waivers. Amendments. None of the terms or provisions of this Agreement may be waived, altered, modified, or amended except by an instrument in writing, duly executed by the Trustee and the School. SECTION 12. Notices. Unless otherwise provided for in this Agreement, any notice required or permitted to be given under this Agreement may be given by certified or registered mail, return receipt requested, or by telex or telecopy, charges prepaid, or by commercial overnight delivery service, prepaid, address: 7 5601356v1