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<br />SECTION 2 <br /> <br /> <br /> <br />~k' ..'"~ IS The Customer may, at any time, pay in advance the full <br />.,êThe Customer agrees to pay the Cash Down Payment, a~ount due hereunder and the Finance Charge ~itl be <br />;~any. (a) upon the Date of Installation of the Machines or adjusted þy JBM to reflect the shorter payment penod.. <br />I) with respect to installed Machines, on the Effective All rem.lttances a:e to be made to ~he IBM Branch Office <br />ate of Purchase, and agrees to pay the Total Amount of address listed herein unless otherwise requested by IBM. <br />3maining Payments in consecutive Periodic Payments, <br />including Finance Charge, for the Fiscal Periods as set forth Assignments <br />below in either Payment Plan I or Payment Plan II. This Installment Payment Agreement is not assignable by <br />the Customer, nor may the Customer sell, transfer, sub- <br />PAYMENT PLAN I stantially modify, relocate or dispose of any or all of the <br />Periodic Payment Finance Charge Machines without prior written permission of IBM. In no <br />Fiscal (Annual) (Included in event may the Machines be relocated outside the United <br />Period (Biennial) Payment) States. Any attempted assignment or transfer by the <br />Customer of any of the rights, duties or obligations of this <br />1 Installment Payment Agreement is void. <br /> <br />2 Customer's Covenants <br /> <br />The Customer covenants and agrees that (a) it will not <br />3 create, assume, or voluntarily suffer to exist, without giving <br />IBM at least 15 calendar days' prior written notice, any <br />4 mortgage, pledge, encumbrance, security interest, lien or <br />charge of any kind upon any or all ofthe Machines; (b) it will <br />5 keep the Machines in good repair and operating condition; <br />(c) it willl?romptly pay all taxes, interest and other charges <br />when levied or assessed upon the Machines or their <br />6 operation or use, or upon IBM, exclusive of taxes based on <br />IBM's net income, in connection with this Installment <br />PAYMENT PLAN II Payment Agreement; (d) it will promptly satisfy all liens <br />, against the Machines; and (e) there are no mortgages, <br />, , Total Finance pledges, encumbrances, security interests, liens or charges <br />Periodic Payment Charge for of any kind by any party other than IBM or assigns UPon th <br />(Total of Monthly Fiscal Penod ' .' . e <br />seal Payments for Monthly (Included in machines on which f~atur~s, m~del upgrade~, machl~e <br />3riod Fiscal Period) Payment Payments) elements or accessories Will be Installed subject to this <br />. Installment Payment Agreement. <br /> <br />1 <br />Insuf8nce <br /> <br />2 The Customer further agrees to procure and maintain fire <br />insurance with extended coverage against loss, theft, <br />damage to or destruction of the Machines for the full <br />3 insurable value thereof for the duration of this Installment <br />Payment Agreement, the poJicy for such insurance being <br />4 endorsed to show loss payable to IBM and assigns as <br />respective interests may appear. Upon request, a certificate <br />'5 of such insurance will be furnished to I BM or assigns. Any <br />proceeds received directly by IBM under such insurance <br />6 shall be credited to the payment required from the Custo- <br />mer pursuant to the Section entitled "Casualty Occur- <br />rences." <br />The Periodic Payment for Period 1, which includes the <br />Tax on Finance Charge, if applicable, is due on the first <br />business day of the month following the Date of Installation Casualty Occurrences <br />or the Effective Date of Purchase, and the Periodic Pay- A Casualty Occurrence shall be deemed to exist if any of <br />ments for Periods 2 through are due on the first the Machines shall be lost. stolen, irreparably damaged or <br />business day of each succeeding Fiscal Period. If Payment destroyed or otherwise rendered permanently unfit for use <br />Plan I has been chosen, payments must be made in full on from any cause whatsoever prior to the payment in full of <br />the due dates. If Payment Plan II has been chosen, the Total Time Sale Price. To the extent permitted by law, <br />payments must be made in equal consecutive monthly the Customer shall promptly pay to IBM a sum equal to the <br />installments. except that the first installment will include the aggregate Casualty Value of such Machines. <br />Tax on Finance Charge, if applicable, beginning on the due The Casualty Value of each Machine suffering a Casualty <br />'ates and continuing on the corresponding day of each Occurrence shall be the sum of the unpaid balances of the <br />10nth of each Fiscal Period until fully paid. Payments State and Local Taxes, Unpaid Balance of Cash Price and <br />¡clude Finance Charge in the appropriate amount in- Finance Charge at the time of such Casualty Occurrence <br />uicated above. and attributable to such Machine. The Finance Charge shall <br />The Customer having been offered the choice of pur- be adjusted by IBM to reflect the shorter payment period. <br />chasing at the foregoing Cash Price (plus applicable State Any money so paid shall be applied by IBM to reduce <br />,~ ..' ~,'~, .".. ~' L - ,-, '--<-"- --+- <'-----'>-- '_II;~~ ,..¡,,- -- +h_+ _,,~h :~_+_II~",~+" <br />