Any provision in the Agreement stating that we may assign this Agreement is hereby amended and restated as follows: "We
may sell, assign, or transfer this Agreement without notice fo or consent from you, and you waive any right you may have to
such notice or consent.”
Any provision in the Agreement stating that you grant us a Security interest in the Equipment to secure all amounts owed fo us
under any agreement is hereby amended and restated as follows: “To the extent permitted by law, you grant us a security
interest in the Equipment to secure all amounts you owe us under this Agreement, and you authorize us to file a UCC-1
financing statement or be named on the vehicle title to show our interest.”
Any provision in the Agreement stating that you shall indemnify and hoid us harmless is hereby amended and restated as
follows: “You shall not be required to indemnify or hold us harmless against liabilities arising from the Agreement. However,
as between you and us, and to the extent permitted by law and legally available funds, you shall bear the risk of loss for, shall
pay directly, and shall defend against any and all claims, liabilities, proceedings, actions, expenses, damages or losses arising
under or related to the Equipment, including, but not limited to, the possession, ownership, lease, use or operation thereof,
except that you shall not bear the risk of loss of, nor pay for, any claims, liabilities, proceedings, actions, expenses, damages
or losses that arise directly from events occurring after you have surrendered possession of the Equipment in accordance with
the terms of the Agreement to us or that arise directly from our gross negligence or willful misconduct.”
Any provision in the Agreement stating that a default by you under any agreement with our affiliates or other lenders shall be
an event of default under the Agreement is hereby amended and restated as follows: “You will be in default if: (i) you do not
pay any Payment or other sum due to us under the Agreement when due or if you fail to perform in accordance with the
covenants, terms and conditions of this Agreement, (ii) you make or have made any false statement or misrepresentation to
us, (iii) you dissolve, terminate your existence or file bankruptcy, or (iv) there has been a material adverse change in your
financial, business or operating condition,”
Any provision in the Agreement stating that you shall pay our attorneys’ fees is hereby amended and restated as follows: “In
the event of any dispute or enforcement of rights under this Agreement or any related agreement, you agree to pay, to the
extent permitted by law and to the extent of legaily available funds, our reasonable attorneys’ fees (including any incurred
before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any
collection agency fee.”
Any provision in the Agreement requiring you to pay amounts due under the Agreement upon the occurrence of a default,
failure to appropriate funds or failure to renew the Agreement is hereby amended to limit such requirement to the extent
permitted by law and legally available funds.
Any provision in the Agreement stating that the Agreement is governed by a particular state's laws and you consent to such
jurisdiction and venue is hereby amended and restated as follows: “This Agreement will be governed by and construed in
accordance with the laws of the state where you are located. You consent to jurisdiction and venue of any state or federal
court in such state and waive the defense of inconvenient forum.”
By signing this Addendum, Customer acknowledges the above changes to the Agreement and authorizes Lessor to make such
changes. In all other respects, the terms and conditions of the Agreement remain in full force and effect and remain binding on
Customer.
U.S, Bank Equipment Finance City of Nashua
Lessor Customer
x
Signature Signature
James W. Donchess Mayor Feb. , 2020
Title Date Title Date
NOTE: SIGNER OF THIS DOCUMENT MUST BE SAME AS ON THE AGREEMENT. A FACSIMILE OF THIS DOCUMENT WITH SIGNATURE SHALL BE CONSIDERED
TO BE AN ORIGINAL. CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE.
10162 REV 01/14 Page 2 of 2
