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due and payable without presentment,demand,protest,notice or other formalities of any kind,all <br /> of which are hereby expressly waived by Borrower. <br /> ARTICLE VII <br /> CERTAIN OBLIGATIONS <br /> In the event that a judgment,levy,attachment,or other seizure is entered against the Lender arising <br /> as a result of acts or omissions of Borrower or any of its officers,employees or agents relating to <br /> this Agreement or the Loan, the Borrower shall promptly post any necessary bond to prevent <br /> execution against any property of the Lender. In the event that Lender incurs any damages, <br /> liabilities or losses or becomes the subject of a third party claim as a result of making the Loan or <br /> entering into this Agreement or due to any act or omission of Borrower or any of its officers, <br /> employees or agents,Borrower shall be liable to Lender such damages,liabilities,losses or claims. <br /> ARTICLE VIII <br /> MISCELLANEOUS <br /> Section 8.1 Entire Agreement:Amendment. This Agreement and the Exhibits annexed <br /> hereto constitute the entire agreement between the parties with respect to the subject matter hereof <br /> and supersede all prior agreements or understandings,written or oral,in respect thereof,and shall <br /> not be amended or modified in any fashion except by instrument in writing signed by the party <br /> charged with such amendment or modification. The Exhibits annexed hereto are incorporated in <br /> and made a part of this Agreement. <br /> Section 8.2 Notices. Any notice or communication given under this Agreement shall <br /> be in writing and delivered by hand or mailed by first class mail,by courier,postage prepaid <br /> (mailed notices shall be deemed given three(3)business days after mailing),or by facsimile or <br /> e-mail with a hard copy sent by one of the methods identified above,to the following addresses: <br /> If to the ,6iio�'!to: -J commented[MP2]:Add City's point of contact information <br /> (Mayor's) <br /> Mayor Rick Elumbaugh <br /> 500 E.Main St. <br /> Batesville,AR 72503 <br /> If to the Lender,to: <br /> Stephanie Cornell,Executive Director <br /> The Walton Family Foundation,Inc. <br /> 215 NW A Street,Suite 200 <br /> Bentonville,AR 72712 <br /> 479-464-1500,scornell@wffmail.com <br /> or to such other address or addresses as hereafter shall be furnished as provided in this Section 8.2 <br /> by either of the parties hereto to the other party hereto. <br /> Section 8.3 Waiver:Remedies. No delay on the part of either party hereto in exercising <br /> any right,power or privilege hereunder shall operate as a waiver thereof,nor shall any waiver on <br /> 11 <br />