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It. SAVINGS CLAUSE ff any amount charged or collected under this Master Agreement or any Lease is greater than the amount allowed by law,
<br />including, without limitation, any amount that exceeds applicable usury limits (an "Excess Amount"), then (1) any Excess Amount charged but not yet paid
<br />will be waived by Us and (it) any Excess Amount collected will be refunded to You or applied to any other amount then due hereunder.
<br />12. DEFAULT. With respect to each Lease, You will be in default y You (1) fall to pay any amount due within 15 days of the due date, (2) breach or attempt
<br />to breach any other tans, representation or covenant set forth herein, the related Schedule or In any other agreement between You and Us, (3) die (if You
<br />are an Individual), go out of business or commence dissolution proceedings, (4) become Insolvent, admit Your Inability to pay Your debts, make an
<br />assignment for the benefit of Your creditors (or enter Into a similar arrangement), file (or there is filed against You) a bankruptcy, reorganization or similar
<br />proceeding or a proceeding for the appointment of a receiver, trustee or liquidator, or (5) suffer an adverse change in Your financial condition and, as a
<br />result thereof or for any other reason, We deem Ourselves Insecure. If You default, We may do any or all of the following with respect to any one or more
<br />Schedules: (A) cancel the related Lease, (B) require You to return the Equipment pursuant to Section 13 below, (C) take possession of and/or render the
<br />Equipment (Including any software) unusable, and for such purposes You hereby authorize Us and Our designees to enter Your premises, with or without
<br />prior notice or other process of law, (D) require You to pay to Us, on demand, an amount equal to the sum of (I) all payments and other amounts then due
<br />and past due, (II) all remaining payments for the remainder of the then Present Term thereof discounted at a rate of 6% per annum, (iii) the residual
<br />value of the Equipment estimated by Us at the Inception of the Lease (as shown in Our books and records), discounted at a rate of 6% per annum, (iv)
<br />Time -Value Interest on the amounts specified In clauses 'i','it* and 'if' above from the date of demand to the date paid, and (v) all other amounts that may
<br />thereafter become due hereunder to the extent that We will be obligated to collect and pay such amounts to a third party (such amounts specified in sub.
<br />clauses T through'v' referred to below as the "Balance Due"), and/or (E) exercise any other remedy available to Us under law. You also agree to reimburse
<br />Us on demand for all reasonable expenses of enforcement (including, without limitation, reasonable attomeys' fees and other legal costs) and reasonable
<br />expenses of repossessing, holding, preparing for disposition, and disposition ("Remarketing") of Equipment, plus Time -Value Interest on the foregoing
<br />amounts from the date of demand to the date paid. In the event We are successful in Remarketing the Equipment. We shall give You a credit against the
<br />Balance Due in an amount equal to the present value of the proceeds received and to be recelved from Remarketing minus the above -mentioned costs (the
<br />"Net Proceeds"). If the Net Proceeds are less than the Balance Due, You shall be liable for such deficiency. Any delay or failure to enforce Our
<br />rights under a Lease shall not constitute a waiver thereof. If We are holding any money belonging to You at any time during a Lease, You agree We may
<br />retain and u0lire such money to cure any default by You under any Lease.
<br />13. RETURN OF EQUIPMENT. If You are required to return any Equipment pursuant to the terms hereof, You shall, at Our expense, promptly send the
<br />Equipment to a location(s) designated by Us. The Equipment must be received in Good Condition (as defined In Section 7). If the Equipment is not received
<br />within 30 days of the date of demand, You agree to continue paying the scheduled payments and all other amounts due pursuant to the related Schedule
<br />until it is received by Us.
<br />14. APPLICABLE LAW., VENUE., JURISDICTION. Each Lease shall be deemed to be performed in Bergen County, New Jersey (Our principal place of
<br />business and where We will administer Your account). This Lease shall be governed by the laws of the State of New Jersey, but without regard to
<br />New Jersey's cholcewf-law laws. All legal actions relating to this Lease shall be filed and adjudicated exclusively In a state or federal court
<br />located In Bergen County, New Jersey. You hereby agree not to object to such venue, and You consent to personal jurisdiction In such courts.
<br />You and We hereby waive Your and Our respective rights to a trial by jury in any legal action. Each provision hereof shall be Interpreted to the
<br />maximum extent possible to be enforceable under applicable law. If any provision is construed to be unenforceable, such provision shall be Ineffective only
<br />to the extent of such unenforceability, without Invalidating the remainder hereof.
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