R2013-07 AUTHORIZING CITY MANAGER TO ENTER INTO A LEASE PURCHASE NINE 2012 CHEVROLET IMPALA POLICE PURSUIT VEHICLES

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addition to every other remedy given under this Agreement now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be a waiver thereof, but any such right and power may be exercised as often as may be deemed expedient. ARTICLE XII: MISCELLANEOUS. Section 12.01 Notices. All notices or other communications hereunder shall be deemed given when delivered or mailed by registered mail, postage prepaid, to the parties at their respective place of business. Section 12.02 Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns. Section 12.03 Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written instrument signed by Lessor and the Lessee; nor shall any such amendment that affects the rights of Lessor's assignee(s)be effective without such assignee's consent. Section 12.04 Headings; Severability. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by an court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereof. For purposes of assignment, only the original Lease (Lessor's copy) shall be deemed an original. Section 12.05 Late Payments and Advances. In the event Lessee fails to pay when due any rent payments or other amounts due hereunder or to perform any of its obligations under this Agreement, Lessor may at its option pay such amounts or perform such obligation, and Lessee shall pay or reimburse Lessor the amount of such rent payment or other cost upon demand, together with interest at the rate of eighteen percent (18%) per annum or the highest rate permitted by law,whichever is less. Section 12.06 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Section 12.07 Waivers. Lessor and Lessee each agree to waive, and to take all required steps to waive, all rights to a jury trial. To the extent Lessee is permitted by applicable law, Lessee waives all rights and remedies conferred upon a lessee by Article 2A (Sections 508-522) of the Uniform Commercial Code including but not limited to Lessee's rights to: (a) cancel or repudiate this Agreement; (b) reject or revoke acceptance of the Property; (c) recover damages from Lessor for any breach of warranty or for any other reason; (d) grant a security interest in any Property in Lessee's possession, except for the grant of the security interest in the Property by Lessee to Lessor pursuant to this Agreement. To the extent Lessee is permitted by applicable law, Lessee waives any rights it now or later may have under any statute or otherwise which requires Lessor to sell or otherwise use any Property to reduce Lessor's damages,which requires 10