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pf_02729
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Last modified
7/17/2007 12:07:20 PM
Creation date
12/8/2004 12:39:03 PM
Metadata
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Template:
Planning Files
Planning Files - Planning File #
2729
Planning Files - Type
Planning-Other
Address
2285 COUNTY ROAD C W
Applicant
COMPUTYPE
PIN
012923410001
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<br />original, but all such counterparts shall together constitute one and the same <br />instrument. <br /> <br />XIV. <br />REPRESENTATIONS AND WARRANTIES <br /> <br />The Originator and the Participant each individually represents and <br />warrants that (i) it is validly existing and in good standing and has all requisite <br />power to enter into this Agreement and to carry out the provisions hereof and has <br />duly authorized the execution and delivery of this Agreement; (ii) the execution and <br />delivery of this Agreement and the performance of the obligations hereunder do <br />not violate any provision of law, any order, rule or regulation of any court or <br />governmental agency or its charter, articles of association or bylaws or constitute a <br />default under any agreement or other instrument to which it is a party or by which <br />it is bound; and (Hi) it has duly executed and delivered this Agreement and it <br />constitutes a legal, valid and binding obligation enforceable against it in accordance <br />with its terms. <br /> <br />XV. <br />EFFECTIVE DATE: TERMINATION <br /> <br />This Agreement shall be effective on the day and year first above <br />written and shall terminate at such date as may be agreed between the parties hereto <br />or at the close of business of the Originator on the Originator's business day <br />following the day on which the later of the following shall occur: the obligations of <br />the Borrower to make payments pursuant to Equipment Note I, as it may be <br />amended from time to time, shall have terminated in accordance with its terms or <br />all obligations of the parties to this Agreement shall have been satisfied. <br /> <br />XVI. <br />SERVICE OF PROCESS <br /> <br />The Participant hereby irrevocably appoints the branch or agency office <br />whose address is set out on the signature page hereof as its agent to receive on its <br />behalf service of copies of the summons and complaint and any other process which <br />may be served in any such suit, action or proceeding. The Participant and the <br />Originator irrevocably consent to the service of any and all process in any suit, <br />action or proceeding arising out of or relating to this Agreement by mailing or <br />delivering a copy of such process to it at the address set forth on the signature page <br />hereof; and any such service by mail shall be effective seven days following deposit <br />in the United States mail in accordance with Paragraph X, properly addressed, first <br />class postage prepaid. <br /> <br />-10- <br />
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