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7.1. SR 09-03-2013
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7.1. SR 09-03-2013
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4.13 Collection Costs. Debtor will reimburse Secured Party on demand for all costs of collection of any <br /> of the Obligations and all other expenses incurred by Secured Party in connection with the <br /> perfection,protection,defense or enforcement of the Security Interest and this Agreement,including <br /> all reasonable attorneys' fees incurred by Secured Party whether or not any litigation or bankruptcy <br /> or insolvency proceeding is commenced. <br /> 4.14 Financing Statements. Debtor authorizes Secured Party to file one or more financing or <br /> continuation statements, and amendments thereto, relative to all or any part of the Collateral <br /> without Debtor's signature where permitted by law, in each case in such form and substance as <br /> Secured Party may determine. Debtor shall pay all filing,registration and recording fees and any <br /> taxes, duties, imports, assessments and charges arising out of or in connection with the execution <br /> and delivery of this Agreement,any agreement supplemental hereto,any financing statements,and <br /> any instruments of further assurance. <br /> 5. EVENTS OF DEFAULT. Each of the following is an"Event of Defaulf'under this Agreement: (a)Debtor <br /> fails to pay any of the Obligations when due and any applicable grace period lapses without cure by Debtor; <br /> (b)Debtor fails to timely perform any other Obligation and any applicable grace period lapses without cure by <br /> Debtor; (c)any representation made by Debtor in this Agreement or in any financial statement or report <br /> submitted to Secured Party proves to have been materially false or misleading when made;(d)Debtor ceases <br /> to conduct its business; (e)Debtor is or becomes insolvent, however defined; (f)Debtor voluntarily files, or <br /> has filed against it involuntarily, a petition under the United States Bankruptcy Code; or (g)if Debtor is <br /> dissolved or liquidated. <br /> 6. REMEDIES UPON EVENT OF DEFAULT. Upon the occurrence of an Event of Default and at any time <br /> thereafter,Secured Party may exercise one or more of the following rights and remedies: (a)declare any or all <br /> unmatured Obligations to be immediately due and payable without presentment or any other notice or demand <br /> and immediately enforce payment of any or all of the Obligations; (b)require Debtor to make the Collateral <br /> available to Secured Party at a place to be designated by Secured Party;(c)exercise and enforce any rights or <br /> remedies available upon default to a secured party under the Uniform Commercial Code as amended from <br /> time to time("UCC"),and,if notice to Debtor of the intended disposition of Collateral or any other intended <br /> action is required by law, such notice shall be commercially reasonable if given at least ten(10)calendar days <br /> prior to the intended disposition or other action; and (d)exercise and enforce any other rights or remedies <br /> available to Secured Party by law or agreement against the Collateral,Debtor,or any other person or property. <br /> Secured Party's duty of care with respect to Collateral in its possession will be fulfilled if Secured Party <br /> exercises reasonable care in physically safekeeping the Collateral or,in the case of Collateral in the possession <br /> of a bailee or other third person, exercises reasonable care in the selection of the bailee or other third person. <br /> Mere delay or failure to act will not preclude the exercise or enforcement of any of Secured Party's rights or <br /> remedies. All rights and remedies of Secured Party are cumulative and may be exercised singularly or <br /> concurrently,at Secured Party's option. <br /> 7. MISCELLANEOUS. The following miscellaneous provisions are a part of this Agreement: <br /> 7.1 Definitions. Terms not otherwise defined in this Agreement shall have the meanings ascribed to <br /> them, if any, under the UCC and such meanings shall automatically change at the time that any <br /> amendment to the UCC,which changes such meanings,shall become effective. <br /> 7.2 Notices. All notices under this Agreement must be in writing and will be deemed given when <br /> delivered or placed in the United States mail, registered or certified, postage prepaid, addressed to <br /> the respective party at the respective address set forth below its signature on the signature page to <br /> this Agreement. Any party may change its address for notices under this Agreement by giving <br /> written notice to the other parties. <br /> 7.3 Amendments/Waivers. This Agreement may be waived, amended, modified or terminated and the <br /> Security Interest may be released only in a writing signed by Secured Party. Any waiver signed by <br /> Secured Party will be effective only in the specific instance and for the specific purpose given. <br /> -3- <br />
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