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Agenda - 3-21-16 Reg. Meeting
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Agenda - 3-21-16 Reg. Meeting
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13. Remedies on Default. Upon the occurrence of any Event of Default, Lessor may exercise any and <br />all rights and remedies available to it at law or in equity, including without limitation, the cumulative rights <br />to (i) declare Lessee to be in default as to any or all leases and other agreements between the parties; (ii) sue <br />at law or in equity to enforce performance of the same or to recover damages for the breach thereof and for <br />the loss of its bargain; (iii) terminate this Lease in whole or in part; (iv) declare immediately due and <br />payable the entire amount of unpaid rent for the remaining lease term; (v) take possession of and remove the <br />Equipment (such action not to constitute a termination of the Lease) without any court order or other process <br />of law and without liability for entering Lessee's premises; and (vi) without notice or demand, appropriate <br />and apply against any sums due hereunder any and all sums of money or property held by Lessor for Lessee, <br />including, without limitation, any security deposit held by Lessor. No express or implied waiver by Lessor <br />of any Event of Default hereunder shall in any way be, or be construed to be, a waiver of any future or <br />subsequent Event of Default. <br />18. Notices. Any notices, requests, demands and other communications between the parties shall be in <br />writing and shall be deemed to have been delivered when delivered personally or mailed by certified or <br />registered mail, postage prepaid, return receipt requested to the address set forth below or to such other <br />address as a party may provide in writing to the other. <br />LESSOR: Lee County <br />106 Hillcrest Street <br />Sanford, NC 27330 <br />Attention: John Crumpton, Manager <br />LESSEE: Frontier Spinning Mills, Inc. <br />1823 Boone Trail Road <br />Sanford, NC 27330 <br />Attention: Chief Financial Officer <br />19. Other Documents. Lessee shall execute such UCC -1 financing statements, continuation <br />statements and other documents related to this Lease, as Lessor may from time to time request. <br />14. Construction. This Lease shall be deemed entered into in Sanford, North Carolina and its <br />construction, operation and validity shall be governed by the laws of the State of North Carolina. The <br />captions of the paragraphs hereof are for convenience of reference only and shall not define or limit any <br />terms of provisions hereof. Time is of the essence with respect to each and every provision of this Lease. <br />15. Entire Agreement. This Lease constitutes the entire agreement of the parties with respect to the <br />subject matter hereof. This Lease may be modified or amended only by a writing signed by the parties. <br />16. Miscellaneous. Any provision of this Lease which is void or unenforceable in any jurisdiction shall <br />be severable and shall not invalidate the remaining provisions hereof. Lessee represents that the Equipment <br />leased hereunder shall be used for business purposes only and agrees that this Lease shall not be construed <br />to be a consumer contract. <br />TRI1 \749961 v5 <br />
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