Laserfiche WebLink
Confasslon of Judgrnant; Customer Irrevocably authorizes and empowers SCE and SCE's <br />attorneys, upon breach and default by Customer es described In the preceding section, to appear <br />in any state or federal court In Los Angeles County, Californla, as Customer's attomay -In -tact and <br />confess jud ment against Customer by entry of a eonfasslon of judgment pursuant to Code of Civil <br />Procedure § 1132 at seq„ or by any other appropriate means, for the full amount due plus all <br />costs of collection, Including without hmltation court costs and reasonable attorneys' fees. No <br />single exercise of the foregoing power to confess judgment will be deemed to exhaust the power, <br />whether or not any such exercise shall be held by any court to be Invalid, voidable, or void; but the <br />power will continue undiminished and may be exercised from time to time as SCE may elect until <br />Oil amounts owing under this OBF Agreement have been paid In full. <br />Modification; Any change to this OBF Agreement must be In writing and signed by Customer and <br />SCE; except that during any given month, if Customer is unable to make full payment an the Loan <br />Obligation, payment arrangements may be mods at SCE's sale discretion without modifying this <br />OBF Agreement in writing, Any written modificotlon or amendment will not be effective unless and <br />until signed by SCE or such condition Is waived by SCE in its sole and absolute discretion,. <br />Term and Termination; It is the Parties Intent that the term of this OBF Agreement and the EMS <br />Agreement run concurrently, Therefore, the OBF Agreement shall condnue in effect until the Loan <br />Obligation is pafd in full, <br />Assignment; Notwithstanding anything to the contrary in this OBF Agreement, Customer may <br />not assign Its rights or delegate Its duties under the Agreement, <br />Additional Representations; Each person signing this OBF Agreement represents and warrants <br />that he or she Is duly authorized and has the legal capacity to execute and deliver this OBF <br />Agreement on behalf of Customer, and to perform their obligations under this OBF Agreement, <br />Customer further represents and warrants that if it Is a legal entity, It is in good standing in its state <br />of formation. <br />Miscellaneous! Except as otherwise specifically provided herein, all terms, provisions, <br />covenants, representations, warranties, agreements and conditions of the EMS Agreement shall <br />remain unchanged and in full force and effect. Should a conflict exist between this OBF <br />Agreement, the EMS Agreement and the documents Incorporated by reference, this OBF <br />Agreement shall control, This OBF Agreement shall be construed and Interpreted in accordance <br />with, and shall be governed and enforced In all respects according to, the laws of the State of <br />California. This OBF Agreement may be executed In one or more counterparts, each of which <br />shall be deemed an original but all of which shall constitute one and the some instrument, if any <br />one or more of the provisions contained In this OBF Agreement shall for any reason be held to be <br />Invalid, Illegal or unenforceable In any respect, then He OBF Agreement shall be construed as If <br />such Invalid, illegal cr unenforceable term or provision had never been contained herein and all <br />other provisions of this OBF Agreement shall be Construed to remain fully valid, enforceable and <br />binding an the parties. The Facitals set Earth above are hereby Incorporated herein by reference. <br />[Remainder of page intentionally left blank] <br />Form 14.792 <br />0512012 <br />251 -17 <br />