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Collateral as it would have if it were Secured Party hereunder. Secured Party may furnish any information in the possession of Secured Party relating to Debtor, the Collateral or the Obligations, to any assignee or prospective assignee.
iii. Notices
Any notice under this Agreement shall be in writing, and any written notice or other document shall be deemed to have been duly given (a) on the date of personal service on the parties, (b) on the third business day after mailing, if the document is mailed by registered or certified mail, (c) one day after being sent by professional or overnight courier or messenger service guaranteeing one day delivery, with receipt confirmed by the courier, or (d) on the date of transmission if sent by telegram, telex, telecopy, or other means of electronic transmission resulting in written copies, with receipt confirmed. Any such notice shall be delivered or addressed to the parties at the addresses set forth in the introductory paragraph of this Agreement, or at the most recent address specified by the addressee through written notice under this provision. Failure to conform to the requirement that mailings be done by registered or certified mail shall not defeat the effectiveness of notice actually received by the addressee. iv. Amendment
The provisions of this Agreement may be modified at any time by written agreement of the parties. Any such agreement made after the date of this Agreement shall be ineffective to modify this Agreement in any respect unless in writing and signed by Debtor and Secured Party. v. Attorney Fees; Prejudgment Interest
If the services of an attorney are required by Secured Party to secure the performance of this Agreement or otherwise on the breach or default of this Agreement, or if any judicial remedy or arbitration is necessary to enforce or interpret any provision of this Agreement or the rights and duties of any person in relation to this Agreement, Secured Party shall be entitled to reasonable attorney fees, costs, and other expenses, in addition to any other relief to which Secured Party may be entitled. Any award of damages following judicial remedy or arbitration as a result of the breach of this Agreement or any of its provisions shall include an award of prejudgment interest from the date of the breach at the maximum amount of interest allowed by law.
vi. Post-Judgment Attorney Fees
If the services of an attorney are required by Secured Party to enforce a judgment rendered in connection with this Agreement, Secured Party shall be entitled to reasonable attorney fees, costs, and other expenses, and such fees, costs, and expenses shall be recoverable as a separate item. This provision shall be severable from all other provisions of this Agreement, shall survive any judgment, and shall not be deemed merged into the judgment.
vii. Captions
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All section and paragraph captions are for reference only and shall not be considered in construing this Agreement.
viii. Severability
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement that can be given effect without the invalid provision shall continue in full force and effect and shall in no way be impaired or invalidated. ix. Expenses
Debtor shall reimburse Secured Party on demand for all costs, expenses, and charges (including, without limitation, fees and charges of legal counsel for Secured Party) incurred by Secured Party in connection with the enforcement of this Security Agreement. The obligations of Debtor under this Section (ix) shall survive the payment in full of the Obligations and termination of this Security Agreement. x. Joint and Severable Obligations
The undersigned, if comprising more than one person or entity, shall be jointly and severally liable hereunder.
xi. Counterparts
This Security Agreement may be signed by the different parties hereto in counterparts, each of which shall be an original, but all of which together shall constitute one and the same agreement. xii. Entire Agreement
This document and its exhibits constitute the entire agreement between the parties, all oral agreements being merged in this Security Agreement, and supersede all prior representations. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties relating to the subject matter of this Agreement that are not fully expressed in this Agreement or its exhibits.
IN WITNESS WHEREOF, Secured Party and Debtor have executed this Agreement as of the dates written below:
“SECURED PARTY”
CITY OF EASTVALE, a political subdivision of the
State of California
“DEBTOR”
[insert name of individual or company, a
_______________]
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By:___________________________
Name:_______________________
Its:___________________________
Date:_____________________________
By:___________________________
Name:_______________________
Its:___________________________
Date:_____________________________
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EXHIBIT A TO ATTACHMENT NO. 3
FORM OF UCC-1 FINANCING STATEMENT
(behind this page)
4923-8463-6862 v1 44
45 4923-8463-6862 v1
EXHIBIT B TO ATTACHMENT NO. 3
ACCOUNTS RECEIVABLE OR DESCRIPTION OF EQUIPMENT