Res 1999-069 - Laserfiche WebLink

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value because of trle failure of such collateral or leased property to be Year 2000 Compliant. Section 2. Affirmatve Covenants. Obligor covenants and agrees with Banc One that, while any Credit Facility is in effect, Obligor will: 2.1 Additional Information. Furnish such additional information, statements and other reports with respect to Obligor's compliance (and its approach to and progress towards achieving compliance) with this Year 2000 Agreement as Banc One may request from time to time. 2.2 Notice of Chanaes, In the event of any change in circumstances that causes or will likely cause any of Obligor's representations and warranties set forth in Section 1 of this Year 2000 Agreement ("Year 2000 Compliance") to no longer be true (hereinafter, referred to as a "Change in Circumstances"), then Obligor shall promptly, and in any event within ten (10) days of receipt of information regarding a Change in Circumstances, provide Banc One with written notice (the "Notice") that describes in reasonable detail the Change in Circumstances and how such Change in Circumstances caused or will likely cause Obligor's representations and warranties set forth in Section 1 hereof to no longer be true. Obligor shall, within ten (10) days of a request, also provide Banc One with any additional information Banc One requests of Obligor in connection with the Notice andlor a Change in Circumstances. 2.3 SEC and Other Reports. Promptly upon its becoming available, furnish to Banc One a copy of each financial statement, report, notice, or proxy statement sent by Obligor to stockholders generally and of each regular or periodic report, registration statement or prospectus filed by Obligor with any securities exchange or the Securities and Exchange Commission or any successor agency, and of any order issued by any Governmental Authority in any proceeding to which Obligor is a party, For purposes of this Year 2000 Agreement, "Governmental Authority" shall mean any government (or any political subdivision or jurisdiction thereof), court, bureau, agency or other governmental entity having or asserting juriSdiction over Obligor or any of its business, operations or properties. 2.4 Audits. Give any representative of Banc One access during all business hours to, and permit such representative to examine, copy or make excerpts from, any and all books, records and documents in the possession of Obligor and relating to its affairs, and to inspect any of the properties and Systems of Obligor, and to project test the Systems to determine if they are Year 2000 Compliant in an integrated environment, all at the sole cost and expense of Bane One. Section 3. Default. Notwithstanding anything to the contrary which may be set forth in the Credit Documents, failure to comply with any term or condition set forth in this Year 2000 Agreement, and breach of any representation and warranty set forth in this Year 2000 Agreement, which failure or breach shall not have been cured to Bane One's satisfaction within thirty (30) days of the date written notice is given by Banc One to Obligor of such failure or breach, shall thereupon be deemed as an event of default under the Credit Documents, and shall permit Bane One to immediately (without any entitlement by Obligor to further cure such default) exercise any of Banc One's rights or remedies set forth in the Credit Documents or available under applicable law. Citv of San Marcos. (TX) (Obligor) Bane One Leasina Corporation SIC 1- / ~~~ T~e: City Ma~ager c.. /)~ ) By: /7/. C~.......... ~::. ..~/C/~ T~e: Fundina Authority