5960 AUTHORIZING AGREEMENT FOR LEASE OF DATA PROCESSING EQUIPMENT (ITEL CORPORATION)

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J ' (b) E�ect of Waiver. No delay or omission to exercise any right or remedy accruing to Lessor upon any breach or default of I,essee shall impair any such right or remedy nor be construed to he a waiver of any such breac}� or default;.nor shall any waiver of any single breach or default be deemed a waiver of any other breach or• default theretofore or thereafter occurring. Any �vaiver, permit, consent or approval on the part oi Lessor of any breach or default under this Lease, of any .provision or condition hereof, must be in writing and shall be effective only to the eatent in such writing specifically set forth. All remedies, either under this Lease, or by law or othcrwise afforded to Lessor, shall be cumulative and not alternate. (c) Attorjaeys' Fees. In the event of any action at law or suit in equity in relation to this Lease, the prevailing party sliall be entitled to a reasonable sum for its attoi-neys' fees. (d) Applica,ble Law. This Lease shall be governed by, and construed under the laws of the State of YC�,�4�6X��4�( I 1 1 i n o i s . (e) Suspe�asio�c of Obligutio�as of Lessor. The obligations of Lessor hereunder shall be suspended to the extent that it is hindered or prevented from complying there�vith because of labor disturbances, including strikes and lockouts, acts of God, fires, storms, accidents, failure of the manufacturer to deliver any unit of Equipment, go��ernmental regulations or interference or any cause tivhatsoever not within the sole control of Lessor. 19. Purchase O ption. Proviaed that this Lease has not been earlier terininated and Lessee is not in default hereunder, Lessee may, by �vritten notice to Lessor delivered to Lessor not less than three months - prior to the termination of the term of this Lease, elect to purchase items No. .1_-10 on the Machine Sched- ule for a purchase price of �1.00 This option may be exercised only for all of the above items and may not be exercised in part. , Upon payment of the purchase price, Lessor shall upon the request of Lessee execute and deliver to Lessee, or to Lessee's assignee or nominee, a bill of sale for the above items. SINCE THE ABOVE EQUIPMENT WILL BE AT L�SSEF_'S LOCATION AND UNDER A MAINTENANCE AGREE- l2EN'1 ENTERED INTO BY LESSE�, L�SSOR MAKES NO REPRES�NTATIONS OR �'��AP�- F�ANTIES (except that Lessor has legal title thereto and lativful right to sell same) AS TO SUCH I:QUIP- 1�ZEI�TT AND SUCH EQUIPMENT SHALL B� SOLD AS IS, WHEP.E IS. , In the event Lessee does not exercise its purchase option hereunder ITEL shall liave the right to abandon , possession and transfer ownership of the Equipment to Lessee and upon such abandonment Lessee shall forever hold harmless and indemnify Lessor with respect to all matters associated with Lessee's use, ownershi� and possession of the Equipment. • � 20. Right to Purchase. Lessee hereby grants to ITEL Computer Sales Corporation, an affiliate of Lessor ("Itel Sales") the right of first refusal �vith respect to any computer equipment sold by Lessee to any third party during the term of this Lease agreement. Pursuant to such right, it is understood that prior to accepting any bona fide offer by any third party to purchase Lessee-owned computer equipment, Lessee shall comtnunicate tl�e terms of such offer in writing to Itel Sales and that Itel Sales shall have the right to purchase such equipment at substantially similar terms and conditions. Itel Sales shall have seven (7) working • days from the receipt of such written communication to accept such offer. IN WITN�SS ��HEP.EOF, the arties hereto have e�ecuted this I_ease as of this � P �/---- day of�.11144s -•--••-•--, � 197.;� LE5SOR: LESSEE: IT�I. COMPUI'�R LEASING CORPORATION � ..............�'�ty_of Decatur .� � .��----- BY � sy/,��''��. _ z�� ,�,��_ � - Title .-- - - �� --- �-------------- Title ---------Citv__Manager..----- /�.. � --- --- ----- - - • - - ----- �� r�_ � - a �- � �,� y Date ._..----•-••--b-.----!�-......7 y2�--...-------•---•-------------------- I�<ile ..._ .._._.........--------------------------•----•-••----�-----•---------- 4 Form CEL JC:CO-�3/7/74