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2009-05-02-R
CITY-OF-BATESVILLE
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2009-05-02-R
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releasing any obligation or default on the part of Lessee, may (but will be under no obligation to) <br /> at any time thereafter make such payment or perform such act for the account and at the expense <br /> of Lessee, and may take all such action as may be necessary therefore. All sums so paid by <br /> Lessor and all expenses (including, without limitation, reasonable attorneys' fees) so incurred, <br /> together with interest thereon from_ the date of payment or incurring at the highest rate permitted <br /> by applicable law, will be paid by Lessee to Lessor on demand. <br /> 40.Survival. Lessee's obligations contained in this Agreement shall survive the <br /> termination or cancellation of this Agreement or the expiration of the term of any schedule. <br /> 41.Special Stipulations. Any amendment to standard language will be set forth in <br /> Exhibit A attached hereto ("Special Stipulations"). <br /> 42.Maximum Interest Rate. Nothing contained in this Agreement shall require the <br /> Lessee to pay interest at a rate exceeding the Maximum Permissible Rate. If the amount of <br /> interest payable to the Lessor for any period would otherwise exceed the Maximum Permissible <br /> Amount for such period, such amount shall be automatically reduced to the Maximum <br /> Permissible Amount for such period, and the amount of interest payable to the Lessor for any <br /> subsequent period, to the extend less than the Maximum Permissible Amount for such <br /> subsequent period, shall, to the extent, be increased by the amount of such reduction. The Lessee <br /> shall give the Lessor notice of any law or change in law that may result in such reduction or <br /> increase promptly after becoming aware of such law or change. "Maximum Permissible <br /> Amount" means, with respect to-interest on any amount for any period; the maximum amount of <br /> interest that can be payable with respect to such amount for such period without causing the rate <br /> of interest on such amount for such period to exceed the Maximum Permissible Rate. "Maximum <br /> Permissible Rate" means the rate of interest on an amount that if exceeded could, under law, <br /> result in civil or criminal penalty being imposed on the Lessor or result in the Lessor's being <br /> unable to enforce payment or repayment of all or part of the rental payments due under this <br /> Agreement, including portions allocable to interest due or to become due on such amount. <br /> 43.Effective Date. This Agreement shall become effective upon execution by all of the <br /> parties hereto. <br /> The parties have caused this Agreement to be executed by their duly authorized <br /> representatives as of the day and year first above written. <br /> LESSOR: LESSEE: <br /> BancorpSouth Equipment Finance, a division City of Batesville, Arkansas <br /> of BancorpSouth Bank <br /> By: By: <br /> Title: Title: <br /> 18 <br />
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