|
DocuSign Envelope ID: 3F0F44D1-0249-418D-A8C6-A7EDC761 CC87
<br /> damaged beyond repair(a"Totaled Vehicle"), Lessee agrees to pay Lessor no later than the due date of the next
<br /> following monthly rent payment with respect to such Totaled Vehicle the total of(i)all rent and other amounts,if any,
<br /> due at the time of such payment and allocable to the Totaled Vehicle plus(ii)the replacement value,as determined
<br /> by Lessor in good faith,of the Totaled Vehicle immediately prior to the Casualty Occurrence. Upon such payment,
<br /> this Agreement will terminate with respect to such Totaled Vehicle.
<br /> Section 12 of the Master Walkaway Lease Agreement is amended to read as follows:
<br /> RESPONSIBILITY: To the extent permitted by North Carolina state law, Lessee shall be responsible for any and all
<br /> losses that Lessor incurs,or claims,demands, or rights of action that may be asserted at any time against Lessor,
<br /> which arise as a result of(i) Lessee's breach of this Agreement; (ii)the use, operation or condition of any of the
<br /> Vehicles,or(iii)Lessee's lease of the Vehicles pursuant to this Agreement, The provisions of this Section 12 shall
<br /> survive any expiration or termination of this Agreement. Nothing herein shall be deemed to affect the rights,
<br /> privileges, and immunities of Lessee and the foregoing responsibility provision is not intended to be a waiver of any
<br /> governmental immunity afforded to Lessee pursuant to the North Carolina state law.
<br /> Section 14(g)of the Master Walkaway Lease Agreement is amended to read as follows:
<br /> (g)If Lessee or any guarantor is in default under or fails to comply with any other present or future agreement with or
<br /> in favor of Lessor, The Crawford Group, Inc. (Lessor's parent company) or any direct or indirect subsidiary of The
<br /> Crawford Group,Inc.
<br /> Section 14,second paragraph of the Master Walkaway Lease Agreement is amended to add the following additional
<br /> paragraph:
<br /> Termination: Lessee reserves the right to cancel this Agreement for any reason at all upon thirty (30)days prior
<br /> written notice to Lessor, In the event of such termination, Lessor shall be paid all rentals due and owing hereunder
<br /> up until the actual day of termination in accordance with Section 3 of this Agreement Additionally, termination
<br /> should not affect Lessee's obligation to pay any responsibilities under this Agreement.
<br /> Section 15,first paragraph,of the Master Walkaway Lease Agreement is amended to read as follows:
<br /> Lessor may from time to time assign,pledge or transfer this Agreement and/or any or all of Its rights and obligations
<br /> under this Agreement to any person or entity. Lessor will provide written notification in the event of a non-financial
<br /> assignment. Lessee agrees, upon notice of any such assignment, pledge or transfer of any amounts due or to
<br /> become due to Lessor under this Agreement to pay all such amounts to such assignee,pledgee or transferee. Any
<br /> such assignee,pledgee or transferee of any rights or obligations of Lessor under this Agreement will have all of the
<br /> rights and obligations that have been assigned to it, Lessee's rights and interest in and to the Vehicles are and will
<br /> continue at all times to be subject and subordinate in all respects to any assignment, pledge or transfer now or
<br /> hereafter executed by Lessor with or in favor of any such assignee,pledgee or transferee,provided that Lessee shall
<br /> have the right of quiet enjoyment of the Vehicles so long as no Event of Default under this Agreement has occurred
<br /> and is continuing. Lessee acknowledges and agrees that the rights of any assignee,pledgee or transferee in and to
<br /> any amounts payable by the Lessee under any provisions of this Agreement shall be absolute and unconditional and
<br /> shall not be subject to any abatement whatsoever, or to any defense, setoff, counterclaim or recoupment
<br /> whatsoever,whether by reason of any damage to or loss or destruction of any Vehicle or by reason of any defect in
<br /> or failure of title of the Lessor or interruption from whatsoever cause In the use, operation or possession of any
<br /> Vehicle, or by reason of any indebtedness or liability howsoever and whenever arising of the Lessor or any of its
<br /> affiliates to the Lessee or to any other person or entity,or for any other reason.
<br /> Section 16 of the Master Walkaway Lease Agreement is amended to read as follows:
<br /> This Agreement contains the entire understanding of the parties,This Agreement may only be amended or modified
<br /> by an instrument in writing executed by both parties. Neither party shall by any act,delay,omission or otherwise be
<br /> deemed to have waived any of its rights or remedies under this Agreement and no waiver whatsoever shall be valid
<br /> unless in writing and signed by the waiving party and then only to the extent therein set forth. A waiver by either
<br /> party of any right or remedy under this Agreement on any one occasion shall not be construed as a bar to any right
<br /> or remedy, which waiving party would otherwise have on any future occasion. If any term or provision of this
<br /> Agreement or any application of any such term or provision Is invalid or unenforceable, the remainder of this
<br /> Agreement and any other application of such term or provision will not be affected thereby. Giving of all notices
<br /> under this Agreement will be sufficient if mailed by certified mail to a party at its address set forth below or at such
<br /> other address as such party may provide in writing from time to time, Any such notice mailed to such address will be
<br /> effective one (1) day after deposit in the United States mail, duly addressed, with certified mail, postage prepaid.
<br /> Lessee will promptly notify Lessor of any change in Lessee's address. This Agreement may be executed in multiple
<br />
|