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sublease or other disposition, after deducting all costs and expenses, including court costs and <br />attorneys' fees, incurred with the recovery, repair, storage and other sale, lease, sublease or other <br />disposition costs, toward the balance due under this Agreement, and, thereafter, shall pay any <br />remaining proceeds to Purchaser; <br />(e) Terminate this Agreement as to all or any part of the Equipment and use, operate, <br />lease or hold all or any part of the Equipment as Lender in its sole discretion may decide; <br />(f) Require Purchaser to deliver the Equipment, at Purchaser's sole expense, to any <br />location within the State of North Carolina designated by Lender, and take possession of any <br />proceeds of the Equipment, including Net Proceeds; or <br />.._,. <br />(g) Lender may take whatever action at law or in equity may appear necessary or <br />desirable to enforce its rights under this Agreement or as a secured party in any or all of the <br />Equipment subject to this Agreement. <br />Section 11.03. No Remedy Exclusive. No remedy herein conferred upon or reserved to <br />Lender is intended to be exclusive and every such remedy shall be cumulative and shall be in <br />addition to every other remedy now or hereafter existing at law or in equity.. No delay or <br />omission to exercise any right or power accruing upon any default shall impair any such right or <br />power or shall be construed to be a waiver thereof, but any such right or power maybe exercised <br />.:.from: time to .time and as often as may be deemed expedient. In order. to entitle Lender to <br />exercise any remedy reserved to it in this Article it shall not be necessary to give any notice other <br />than such notice as may be required in this Article. <br />ARTICLE XII <br />MISCELLANEOUS <br />Section 12.01. Notices. All notices, certificates or other communications under this <br />Agreement shall be sufficiently given and shall be deemed given when delivered or mailed by <br />registered mail, postage prepaid, or delivered by overnight courier, or sent by facsimile <br />transmission (with electronic .confirmation) to the parties hereto at the addresses immediately <br />after the signatures to this Agreement (or at such other address as either party hereto shall <br />designate in writing to the other for notices to such party) and to any assignee at its address as it <br />appears on the registration books maintained by Purchaser. <br />...Section 12.02.. Binding Effect. This,Agreement shall inure to the benefit of and. shall be <br />binding upon Lender and Purchaser and their respective successors and assigns. <br />Section 12.03. Severability. In the event any provision of this Agreement shall be held <br />invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate <br />or render unenforceable any other provision hereof. <br />Section 12.04. Amendments, Changes and Modifications. This Agreement (including <br />the Schedule) may only be amended by Lender and Purchaser in writing. <br />#765698v2 (BAPCC/N Carolina Installment Purch Agmt) 19 <br />