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Cisco,
<br />Caoital
<br />Installment Payment
<br />Agreement Reference
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<br />FUII Legal Name Phone Number
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<br />9illing Address Purchase Order Requisition Number
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<br />System Location (il not same as above)
<br />County Send Invoice to Attention of:
<br />Software/Support Information:
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<br />See attached supplier quoterinvoice number dated , referenced solely for descriptive purposes. No other term or condition
<br />thereof is incorporated into
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<br />this agreement or binding upon Payee.
<br />IS
<br />Number of I Payment
<br />Payments
<br />Turn (in Months):
<br />Payment Frequency:
<br />Total Financed Amount:
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<br />Deposit (PLUS) Payment (PLUS) other (EQUALS) Due at Signing
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<br />I Fina ANU UUNUUMNJ
<br />1. Agreement: You ("Obligor") agree to pay us ("Payee"), pursuant to this Agreement, the 3. Assignment: You may not transfer, sell, sublease, assign, pledge or encumber either the
<br />installment payments identified above forte System (defined as the software ("Software') and
<br />the rightto receive consulting, maintenance and other related services (crallechvely,"Support")
<br />listed above). IF THIS AGREEMENT HAS BEEN PROVIDED TO OBLIGOR ELECTRONICALLY
<br />System or any rights herein without our prior written consent. You agree that we may sell,
<br />assign, ortmnsferthis Agreement and ourinterest in the System,oranyportionthereof,with-
<br />AND OBLIGOR WISHES TO ENTER INTO THIS AGREEMENT ELECTRONICALLY, OBLIGOR'S
<br />ELECTRONIC SIGNATURE WILL CONSTITUTE OBLIGOR'S ACKNOWLEDGEMENT AND
<br />out your consent and the transferee will not have to perform any of our obligations and the
<br />rights of thetrensferee will not be subject toany claims,defenses, or setoffs that you may have
<br />AGREEMENTTO DO BUSINESS AND RECEIVE ALL RELATED RECORDS ELECTRONICALLY.
<br />You authorize us to adjust your payments by up to 15 % if the System cost and/or included
<br />against us or any supplier.
<br />4. Taxes: You are responsible for and agree to pay when due, either directly or as reimburse -
<br />merit to us, and indemnify us against, all taxes (i.e., sales, use and personal property taxes)
<br />taxes and charges differ from the estimates upon which we calculated the installment pay-
<br />ments. You are deemed to have unconditionally and irrevocably accepted the System on the
<br />and charges in connection with the purchase, ownership and use of the System except for
<br />taxes or charges included in the Total Financed Amount.
<br />earlier of (i) the date you sign the Acceptance below or (id) if we in our sole discretion do not
<br />require that you sign the Acceptance, the date the System is delivered or otherwise or,
<br />to you, unless you notify us in writing of your non -acceptance within two (2) days of the date
<br />5. Default and remedies: You are in default under this Agreement if: a) you fail to pay any
<br />amount when due; orb) you breach any other obligatanu nder this Agreement or any other
<br />If
<br />the Systemisdelivered orotherwise provided toyou ("the Commencement Date"). The
<br />agreement with us. you are in default we may: (i) declare the entire balance of unpaid pay -
<br />ments forthe full term immediately due IT payable to us;(ii) sue you for and receive the total
<br />Agreement starts on the Commencement Date and the periodic payments ("Payments') shall
<br />be payable in advance beginning on the Commencement Date or any later date designated by
<br />amount due on the Agreement, with future payments discounted to the date of default at the
<br />lesser of (A) a per annum interest rate equivalent to that of a U.S. Treasury constant maturity
<br />us and thereafter until all amounts are fully paid. If we designate the Payments to begin later
<br />obligation (as reported by the U.S. Treasury Department) that would have a repayment term
<br />than the Commencement Date, you will pay an interim payment for the System's use for the
<br />period from the Commencement Date until the first Payment due date, based on the Payment
<br />equal to the remaining Agreement term, all as reasonably determined by us, or (B) 3 % per
<br />annum, plus reasonable collection and legal costs; (iii) charge you interest on all monies due
<br />amount, the number of days in the period, and a year of 360 days. YOUR PAYMENT OBLIG-
<br />ATIONS ARE ABSOLUTE,UNCONDITIONAL, AND ARE NOT SUBJECT TO CANCELLATION,
<br />at the rate of 1S% per year or the highest rate permitted bylaw from the date of default (N)
<br />require that you immediately return the System to us orwe may peaceably repossess it if you
<br />REDUCTION, SETOFF OR COUNTERCLAIM FOR ANY REASON WHATSOEVER. You agreeto
<br />pay us a fee of $99.95 to reimburse our expenses for preparing financing statements, other
<br />fail to return It to us, and/or (v) muse any Software or Support provider to terminate, as appli-
<br />cable, all of your rights to use or have available, as applicable, any or all of any oral] Software
<br />documentation costs and all ongoing administration costs during the Agreement term. Security
<br />depositsare non -interest -bearing, unless otherwise required law, and may be applied to
<br />and/or Support, and you acknowledge that Cisco Systems, Inc., or any affiliate thereof (col-
<br />Iectively,"Cisco'
<br />y
<br />cure a default. If you are not in default, we will return the deposit to you at Agreement lermi-
<br />as third parry beneficiary of this provision, may terminate your rightto use
<br />any oral] Cisco SSoftware and/or Cisco Support under any Software or Support arrangement,
<br />nation. You will pay us alate charge of 5%of the payment or $10, whichever is greater, on any
<br />payment not made when due. We may chargeyot a fee of$25 for an check that is
<br />without liability for any reason whatsoever. Any return or repossession will not be considered
<br />termination
<br />returned.
<br />YOU ACKNOWLEDGE THAT NO ONE IS AUTHORIZED TO WAIVE OR CHANGE ANY TERM,
<br />a or cancellation of this Agreement. You remain liable for any deficiency with any
<br />PROVISION OR CONDITION HEREOF.
<br />2. Warranty Disclaimer; Use and Maintenance: WE MAKE NO WARRANTIES, EXPRESS OR
<br />IMPLIED, OF ANY NATURE
<br />excess being retained by us.
<br />6. Miscellaneous: This Agreement shall be ggoverned and construed in accordance with the
<br />laws of state of New York, and, as applicable, the Electronics Signatures in Global and
<br />WHATSOEVER, INCLUDING WITHOUT LIMITATION, WAR-
<br />RANTIES OF MERCHANTABI LITY OR FITNESS FOR A PARTICULAR PURPOSE. To the extent
<br />National Commerce Act. YOU CONSENT TO JURISDICTION, PERSONAL OR OTHERWISE,
<br />IN ANY STATE OR FEDERAL COURT IN NEW YORK. YOU AND WE HEREBY WAIVE A TRIAL
<br />made to us, we transfer to you any manufacturer or provider warranties for the System. You
<br />are required at your cost to keep the System in good working condition and to pay for all sup-
<br />BY JURY IN ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT. You agree that
<br />the System will only be used for business purposes and not for personal, family or household
<br />plies and repairs. If the System includes the cost of Support provided by a third parry, you agree
<br />that we are not responsible to provide the S uppo rt and you will make al I Support claims against
<br />use. You agree that a facsimile copy of the Agreement with facsimile signatures, or an elec-
<br />tronic version of this Agreement wlt electronic signatures, may be treated as an original and
<br />the third parry. You agree that any Support or Software claims will not impact your obligation
<br />will be admissible as evidence of the Agreement. We may inspect the System during the
<br />to pay all payments when due.
<br />Agreement term.
<br />You agree that this is non -cancelable.
<br />Cisco Systems Capital Corporation
<br />Signature Date
<br />o
<br />Lease Processing Center, 1111 Old Eagle School Road, Wayne, PA 19087
<br />u
<br />W
<br />PHONE: (e66)247-2680 FAX: 877 247-2690
<br />Prim Name
<br />Commencement Dale Agreement Number
<br />MOTitle
<br />i
<br />Obligor (Full Legal Name):
<br />Accepted By:
<br />z
<br />The System has been received, put in use, is in good working order and is satisfactory and acceptable for all purposes hereof.
<br />Signature
<br />Dale
<br />Print Name
<br />Title
<br />a
<br />I unconditionally guaranty prompt payment of all the Obligor's obligations. Payee is not required to proceed aggainst the Obligor or enforce other remedies before proceeding
<br />against me. I waive notice of acceptance and all other notices or demands of any kind to which I may be entiflad. I consent to any extensions or modification granted to the
<br />Obligor and the release and/or compromise of any obligations of the Obligor or any other guarantors without releasing me from my obligations. This is a continuing guaranty
<br />it::
<br />5stituted
<br />and will remain in effect in the event of my death and may be enforced by or for the benefit of any assignee or successor of the Payee. This guaranty is governed hp and con-
<br />in accordance with the laws of the State of New York, and, as applicable, the Electronic Signatures in Global National Commerce Act. I CONSENT
<br />and
<br />TO NOW� EXCLUSIVE JURISDICTION IN ANY STATE OR FEDERAL COURT IN NEW PORK. PAYEE AND I HEREBY WAIVE TRIAL BY JURY. IF THIS GUARANTY HAS BEEN PROVIDED
<br />ELECTRONICALLY AND ANY GUARANTOR WISHES TO ENTER INTO THIS GUARANTY ELECTRONICALLY, SUCH GUARANTOR'S ELECTRONIC SIGNATURE WILL CONSTITUTE
<br />SUCH GUARANTOR'S ACKNOWLEDGEMENT AND AGREEMENT TO DO BUSINESS AND RECEIVE ALL RELATED RECORDS ELECTRONICALLY.
<br />Si 9 nature
<br />.____._...........__ -_. .._._
<br />Name of Guarantor
<br />_
<br />Dale
<br />e
<br />OX12 All RigIns Reserved. Prinal in the USA 07CSC126V6 8/12
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