Equipment Lease Agreement (Page 5 of 6) in pdf

Waiver

7.04. The provisions of this Agreement may be waived only by means of a

writing that is signed by all contracting parties. No delay or omission by either

party to exercise any remedy or right accruing on default impairs any remedy or

right under this Agreement. An express, written waiver by either party of any

breach of any provision of this Agreement by the other party may not be deemed

to be a waiver of the breach of any other provision or of any subsequent breach

of the waived provision.

Parties Bound

7.05. This Agreement is binding on, and inures to the benefit of the contracting

parties and their respective heirs, successors, legal representatives, and assigns

when permitted by this Agreement. Lessee must promptly notify Lessor in writing

before any substantial changes in ownership or any material disposition of the

assets of Lessee’s business.

Notices

7.06. All notices, consents, waivers, or other communications, except invoices,

required under this Agreement must be sent by certified mail, return receipt

requested, and will be deemed to have been given when mailed to the parties at

their respective addresses as set forth in the preamble or when mailed to the last

address provided in writing to the other party by the addressee.

Governing Law

7.07. This Agreement is to be construed under, and in accordance with, the laws

of the State of Texas, and all obligations of the parties created by this Agreement

are to be performed in San Antonio, Bexar County, Texas.

Entire Agreement

7.08. This Agreement constitutes the entire agreement between the parties with

respect to its subject matter. All previous negotiations, understandings, or written

or oral agreements have been merged in this Agreement.

The terms and

conditions of this Agreement prevail notwithstanding any variance in this

Agreement from the terms and conditions of any other document relating to this

transaction, whether prepared and submitted by Lessor or by Lessee.

Severability

7.09. If any one or more provisions of this Agreement are held invalid, illegal, or

unenforceable in any respect for any reason, the remaining provisions remain

Equipment Lease Agreement Page 5