22C - SPEC - LIGHTING FIXTURES - Laserfiche WebLink

Home Browse Search

Confession of Judgment: Customer Irrevocably authorizes and empowers SCE and SCE'e attorneys, upon breach and default by Customer as described in the preceding seothon, to appear in any state or federal court In Loa Angeles County, Callfornls, as Customer's attomey-In-fact and confess judgment against Customer by antry of a confession of jutlyi ment pursuant to Code of Civil Procedure § 1132 at seq„ or by any other appropriate means, for the full amount due plus ail costs of collaction, including without limitation court costs and reasonable attorneys' fees, No single exerclas of the foregoing power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be Invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as SCE may elect until all amounts owing under this ODF Agreement have been paid In full. Modification: Any change to this 061' Agreement must be in writing and signed by Customer and SCE; except that during any given month, If Customer is unable to make full payment or the Loan Obligation, payment arrsngaments may be made at SCC's sole disoretion without modifying this OSF Agreement in wrlting, Any written modification or amendment will not be effective unless and until signed by SCE or such condition is walved by SCE In Its sola and absolute decretlon.. Term and Termination; It Is tine Parties Intent that the term of this O65 Agreement and the EMS Agreement run concurrently, Therefore, the 065 Agreement shall continua in effect uri the Loan Obligation Is paid in full. Assignment; Notwithstanding anything to the contrary in this 065 Agreemort, Customer may not assign Its rights or delegate Its duties under the Agreement. Additional Representations: Each person signing this OBF Agreement represents and warrants that he or she Is duly authorized and has the legal capacity to execute and deliver this COF Agreement on behalf of Customer, and to perform their obligations under this CBF Agreement, Customer further represents and warrants that if It Is a legal entity, It is in good standing in its state of farmation. Miscellaneous: Except as otherwise specifically provided herein, all terms, provisions, covenants, representations, warranll'es, agreements and conditions of the EMS Agreement shall romain unchanged and In full force and effect. Should a conflict exist between this OBF Agraenlent, the EMS Agreement and the documents Incorporated by reference, this OBF Agreement shall control, This OBF Agreement shall be construed and interpreted in accordance with, and shall be governed and enforced In all respects according to, the laws of the State of California. This OBF Agreement may be executed In one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument, If any one or more of the provisions contained In this OBF Agreement shall for an yy reason be held to be Invalid, Illegal or unenforceable In any respect, then this 06F Agreement shall be construed as If such invalid, illegal or unenforceable term or provision hed never been contained herein and all other provisions of this CBF Agreement shall be construed to remain fully valid, enforceable and binding an the parties, The Recitals set forth above are hereby Incorporated herein by reference, [Remainder of page intentionally left blank] Form 14792 0512012 22C-23