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<br />' 8. Shioping.
<br />Sign&Awning C0.
<br />541 485 5813 01f14l2D08 14:19 #529 P.004/004
<br />8•4 Risk of Loss. Unless othervvise agreed, delivery is FOB Sellets piace of business_ [f damage occurs en route, Buyer agrees that it will pursue redress only through
<br />the carrier or carriers cfiarged with delivery.
<br />g~ Costs. Uniess othervuise agreed, Buyerwil! pay any shipping charyes directly io ttie carrier charged with delivery.
<br />8.3 Timing of Deliver~r. Atthough Se1lerHnll make a good-farth effort to adhere fo delivery schedules, Seller wi11 noY be responsible for defays caused by any ci~umsEances
<br />beyond its corrtrol.
<br />~- BuVer's Default. In the event of a default by Buyer in the payment of any of the amounTs due under this agreement:
<br />9_t Aoceleratior~ The entire ix~paid balar~ce of the pur~hase price shall immediately become due and payable.
<br />92 Collection of AmamES Owed. . Buyer agrees to pay irrterest at the rate of ~ 8 percerrt per annum on any amourits dua pius resonabfe attomey fees. Seller may recover all
<br />amounts owed by arry or all of the foi[owing means:
<br />92.1 Removai and Resale. By entering upon the premises where the Display has been irsstatled and removing and resseiifirg the Dispiay with or without notice
<br />and witFwut [iatailiryon notice to Buyer. Hemoval of Display does not relieve Buyer of the obligation to pay aH amounGS owed.
<br />922 Action for Collection. By brinAinA suit for the batance due underthis corrtwact,
<br />9.2.3 Other Action. By exercising any other right allowed by law.
<br />10• Il~tel lectua) Propertv. All ideas, research, designs, speciflcations, wnstruction methods and artwork obtatned and/or created by Sellec shall remain the property of SeAer.
<br />Specffic damage to Seller is difflcutt to detemslne iherefore the penaliy owed Seller for any breach by Buyer shall be an a~riount equaf to Sellers year-to-date gross profit margin
<br />peraentage multipfied by tl~e sale price of the proposed project(s).
<br />11. FOrCe Maieure. Seller shal[ not be liable for any failure or delay in performance under this agreemerrt to the exterrt that the failures or delays are pro~amately caused by
<br />torces bey~ond Seller's reasonabfe cortiroi and occuring witfiout its fault, including, without Iimitatlon, naturai disasters, war, imposi8on of govemmerrt restrictions,
<br />prohibitive cost and/or limited avilabiliiy of fuel and/or raw materials, failure of supplists, subcoMraaors, and/or carriers_
<br />'12. AUthO~IN. The individuals' executing this agreement represent and wartaM that they are autltorized to do so, and that the execution of this agreement is the lawful and
<br />voluntary act of each oF the parties.
<br />y~. ~,,fLt~,tl'~C~ion on Assiqnment This agreemerrt shall not be assigned by Buyer without the, written consent of Selfer. Consent by Selier to one (1) assignmerrt shall noi
<br />~t~tttute-conseM to other assignmerrts, nor shalf it be construed to be a walver of thfs parggraph.
<br />°~ ~, Ali nofices required by this agreement shall be in writing, directed to wNom Ute notice applies, at the add2ss of dra! partyand sha~l be deemed to hava
<br />~9r1 t09rvad for all purposes ~on receipt when personally delivered; one day afier being sent when being seni by reoognrzed ovemight courier service; two days after
<br />f#~li in United States maif, postage prepaid, registered or certilied mall, or on the date [ransmitted by telegraph or facsimile. Any party maydesignate a diferen[
<br />~r16~lllnp ~ddress or a different person for all luwre notices by nodce glven in accondance with this paragraph.
<br />'~ ~, ~~fOPfttlV Fees. ~n any procee~ing to enforce or interpret this agreemen[, the prevailing party shall be entitled to recover (rom the bsing party reasonable attorney tees,
<br />~7d~, ~nd axperises incurred by the prevalfng party before end al dny trial, arbitration, banknaptcy, or other prooeeding, artd in any appeal or review.
<br />~~+ NNqei11' catlpn. No mo~fication of this agreement shall be vslid unlass li Is In writ(ng and.fs signed by Buyer and Corporete Officer of Seller.
<br />'1 ~. ~,~,l7~8tinn. Thfs agreemerrt is the entire agreement of the p~rUeS. There are rw promises, terms eonditions, or obligations other than ihose contained in thfs agreemerrt.
<br />7 hIH ~greemeM shall supersede ait prfor communications, representatbns, antl egreements, orat or wrrtten, of the pa~ties.
<br />`~ ~, ~~~"~, ~tdtlotl. The paragraph heafl~rgs are for the conv0~1191'iCd oi tho roadet' only,pnd are not irrterrted to act as a IimiFation on 2he scope or meaning of the pat~7c raphs
<br />ttj~maselves. This agreement Snall rwt be cqnstrU9d r~galn~t ih9 dPafting pHrty.
<br />~~. ~ev~9~s~bliltv. 7he irnetidiry of any twrm or provlslon ~f thts c~r~gment ghdll not afisct th~ vblf~ity of any other provision.
<br />~~. Waiver by any parly ~t strlcst perfarm~rtce ot 0ny pr~BWBkN'~ Of titis ~greomtlt'tt ahall not be a waiver of or prejudice any partys rigM to requtre strici
<br />~rl~rrrnance oi the same provisbr- In the lutur~ ar ot ~ny ottwr provlelan.
<br />~~ d ,~,F,~„P~ct Subject to reatriotiorns in thl~ ~pfaem~nt upon a8slgrnnorrt, H arry, this agreement shall be birxing on and irnue m lhe benefrt of the hefrs,
<br />I~ga~t re~reseMaUves, suce~rs, arW assians af tho partloe.
<br />~p .~q~,~~ ~nd P~~r~Qnal_Juri~dlcltton. 8houid eny potlon bo fllod to enfprce this agreement, ft is agreed mat venue of such action shali lie in any court in Lane County, CA'egnn,
<br />1°1~vinp jurisdictbn ot the aubJoct matt~r, and that the partlss are s~iJect to personal judsdicUon in Lane Courny, Oregon Each party waives all right to challenge venue or personei
<br />~uriadlctlon in erry action fifAd in l,~ane Oounly, pregon. '
<br />~''~rchase nr%ce: S 324.00
<br />Respectfully submitte by:
<br />Robert "Buzz" Blumm, Corporate Sates
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