Res 1997-094 - Laserfiche WebLink

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l¡5"r¿ 36. CHOICE OF FORUM: CONSENT TO PROCESS AND JURISDICTION. Any suit, action or proceeding against Lessee with respect to this Lease and/or the Equipment (or any portion thereof) or any judgment entered by any court in respect thereof, may be brought in the courts of the State, or in the United States District Court for the jurisdiction applicable to the State, as Lessor in its sole discretion may elect, and Lessee hereby irrevocably submits to the nonexclusive jurisdiction of such courts for the purpose of any such suit, action or proceeding. Lessee hereby ÍITevocably waives any objections which it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Lease and/or the Equipment (or any portion thereof) brought in the courts located in the State, and hereby further irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. -- 37. INVALID PROVISIONS. If any provision of this Lease is held to be illegal, invalid or unenforceable under present or future laws during the term hereof, such provision shall be fully severable, and this Lease shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance hereITom. Furthermore, in lieu of each such illegal, invalid or unenforceable provision there shall be added as part hereof a provision mutually agreeable to Lessor anq Lessee as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. 38. FURTIffiR ASSURANCES. Lessee hereby agrees, at any time and ITom time to time, upon the request of Lessor, to execute and deliver or cause to be executed and delivered, such further documents and to do such other acts and things as Lessor may reasonably request in order fully to effect the purposes of this Lease. . 39. ARBITRATION. Lessor and Lessee agree to bound by the terms of the Arbitration Program attached hereto as Exhibit "G" and incorporated herein by reference, pursuant to which any and all disputes shall be resolved by mandatory binding arbitration upon the request of either party. 40. COUNTERPARTS. This Lease may be executed in any number of original counterparts, all of which when taken together shall constitute one and the same instrument. The undersigned agree to all terms and conditions set forth herein, and in witness whereof, they hereby execute this Lease as of the date first set forth hereinabove. - LESSOR: LESSEE: AMERICAN BANK THE CITY OF SAN MARCOS By: (Jf>J ;:fa '" ÆI' ~ . ~l By: ~/4./)Â!~ Title: Senior Vice President Title: City Manager Attest and counters¡gn« t By: uP!(Jd'vr/, I If;, rrJ1¿F/ ¡; , Title: City Secretary 16