Laserfiche WebLink
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 on the Loan <br />Obligation, payment arrangements may be made at SCE's sole discretion without modifying this <br />OBF Agreement in writing. Any written modification 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 continue in effect until the Loan <br />Obligation is paid in full. <br />Assignment: Notwithstanding anything herein, customer may not assign its rights or delegate its (T) <br />duties under this Agreement without SCE's express written consent. (T) <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 same 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 this OBF Agreement shall be construed as if <br />such invalid, illegal or 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 on the parties. The Recitals set forth above are hereby incorporated herein by reference. <br />[Remainder of page intentionally left blank] <br />Form 14-914 <br />04/2016 <br />22A-17 <br />