Common use of Enforceability and Governing Law Clause in Contracts

Enforceability and Governing Law. Any provisions of this Agreement which are unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions hereof. To the extent permitted by applicable law, the Service User hereby waives any provisions of law which render any provision hereof unenforceable in any respect. THIS AGREEMENT AND THE LEGAL RELATIONS OF THE PARTIES HERETO SHALL IN ALL RESPECTS BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO PRINCIPLES REGARDING THE CHOICE OF LAW. THE SERVICE USER HEREBY CONSENTS AND SUBMITS TO THE JURISDICTION OF THE COURTS OF THE STATE OF TEXAS AND THE FEDERAL DISTRICT COURT FOR THE DISTRICT THAT INCLUDES NEW BRAUNFELS, TEXAS FOR THE PURPOSES OF ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF ITS OBLIGATIONS HEREUNDER, AND EXPRESSLY WAIVES ANY OBJECTIONS THAT THE SERVICE USER MAY HAVE TO THE VENUE OF SUCH COURTS. Any action by the Service User against the Service Provider for any cause of action relating to this Agreement shall be brought within two (2) years after any such cause of action first arises.

Enforceability and Governing Law. Any provisions provision of this Agreement Lease which are is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions hereof, and any such unenforceability in any jurisdiction shall not render unenforceable such provisions in any other jurisdiction. To the extent permitted by applicable law, the Service User Lessee hereby waives any provisions of law which render any provision hereof unenforceable in any respect. Any waiver of the terms hereof shall be effective only in the specific instance and for the specific purpose given. Time is of the essence in this Lease. The captions in this Lease are for the convenience only and shall not define or limit any of the terms hereof. THIS AGREEMENT AND THE LEGAL RELATIONS OF THE PARTIES HERETO LEASE SHALL IN ALL RESPECTS BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO PRINCIPLES REGARDING THE CHOICE OF LAW. THE SERVICE USER CALIFORNIA LESSEE HEREBY CONSENTS AND SUBMITS TO THE JURISDICTION OF THE COURTS OF THE STATE OF TEXAS AND THE FEDERAL DISTRICT COURT FOR THE DISTRICT THAT INCLUDES NEW BRAUNFELS, TEXAS CALIFORNIA FOR THE PURPOSES OF ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF ITS OBLIGATIONS HEREUNDER, AND EXPRESSLY WAIVES ANY OBJECTIONS THAT THE SERVICE USER IT MAY HAVE TO THE VENUE OF SUCH COURTS. LESSEE HEREBY EXPRESSLY WAIVES TRIAL BY JURY IN ANY ACTION BROUGHT ON OR WITH RESPECT TO THIS LEASE. Any action by the Service User Lessee against the Service Provider Lessor for any cause of action relating to under this Agreement Lease shall be brought within two (2) years one year after any such cause of action first arisesoccurs. Attached to and made part of the following documents: Master Equipment Lease Agreement, #97-020 dated April 21, 1997, between Riviera Finance East Bay ("Lessor") and On Village Communications, Inc. ("Lessee"). QUANTITY DESCRIPTION SERIAL # AMOUNT 1 Sony Pentium 20 - 200mhz 2103378 $ 1,799.00 1 Hitaxxx Xx00XX EJ025880859 $ 1,999.00 2 Xxxxxxxx Xxxxxx X/X $ 399.98 1 HP Laserjet 6MP USBB051303 $ 869.00 1 Mustek Color Scanner HWF94FSA2 $ 369.00 1 Hitaxxx Xx00XX EJ025880140 $ 1,924.00 1 Hitaxxx Xx00XX EJ025880162 $ 1,924.00 1 Hitaxxx Xx00XX EB035880020 $ 1,924.00 3 Xxxxxxxx Xxxxxx X/X $ 599.97 1 Alp Glidepoint Keypad 00A4004995G $ 119.00 1 Tech Media - 200mhz TCP0002174 $ 1,499.00 1 Tech Media - 14" monitor DJ60703668 $ 179.00 1 Cardinal Modem N/A $ 184.99 1 Hitaxxx Xx00XX EJ025880173 $ 1,964.00 1 NPR 000 ARE6A96450016 $ 3,054.95 1 Compaq Notebook 268150005 $ 3,059.98 1 Epson Printer and zip drive 1F8E623688 $ 686.93 1 Nextstep workstation CUSTOM $ 7,933.00 1 *Voyager storage array 970430137/00 $67,357.30 1 G5-133 Pro Pentium PC 7007261 $ 1,678.00 1 G5-133 Pro Pentium PC 7007262 $ 1,678.00 1 G5-133 Pro Pentium PC 7007263 $ 1,678.00 1 M55-166 Mini Tower 848106-0004 $ 1,549.00 1 M55-166 Mini Tower 848106-007 $ 1,549.00 1 M55-166 Mini Tower 848106-0030 $ 1,549.00 1 M55-166 Mini Tower 848106-0026 $ 1,549.00 1 Hitaxxx Xx00XX EB035880009 $ 1,999.00 TOTAL $111,075.10 ALL EQUIPMENT WILL BE LOCATED AT THE FOLLOWING ADDRESS: On Village Communications, Inc. *STORAGE ARRAY IS AT: 848 X. Xx Xxxxxxx Xxxd., Suite 206 NETWORK PUBLISHING Los Xxxxxxx, XX 00000 ONE XXXX XXXXXX XX., XXXXX 000 XXXXX, XX 00000 XXVIERA FINANCE EAST BAY ON VILLAGE COMMUNICATIONS, INC. By: /s/ STEVX X. XXXXXXXXX By: /s/ ROBEXX X. XXXXXX ----------------------------- ------------------------------------ Name: Stevx X. Xxxxxxxxx Name: Robexx X. Xxxxxx Xxxle: Senior Vice President Title: President Xxxxxx: Xx Village Communications, Inc. Address: 848 X. Xx Xxxxxxx Xxxd., Suite 206 Los Angeles, CA 90069 Telephone: (310) 000-0000

Enforceability and Governing Law. Any provisions provision of this Agreement Lease which are is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions hereof, and any such unenforceability in any jurisdiction shall not render unenforceable such provisions in any other jurisdiction without limiting the generality of the foregoing, if any payment constituting interest is made hereunder and that rate is in excess of the maximum allowed by law, then the amount of such excess shall, at Lessors sole option, be refunded to Lessee or applied to Lessee's other obligations to Lessor. To the extent permitted by applicable law, the Service User Lessee hereby waives waives: (a) any provisions of law which render any provision hereof unenforceable in any respect; (b) all rights and remedies under Sections 508 through and including 522 of the Uniform Commercial Code article or division pertaining to personal property leasing. Any waiver of the terms hereof shall be effective only in the specific instance and for the specific purpose given. Time is of the essence in this Lease. The captions in this Lease are for convenience only and shall not define or limit any of the terms hereof. THIS AGREEMENT AND THE LEGAL RELATIONS OF THE PARTIES HERETO LEASE SHALL IN ALL RESPECTS (EXCEPT FOR CONFLICTS OF LAW PRINCIPLES) BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE COMMONWEALTH OF TEXAS, WITHOUT REGARD TO PRINCIPLES REGARDING THE CHOICE OF LAW. THE SERVICE USER MASSACHUSETTS AND LESSEE HEREBY CONSENTS AND SUBMITS TO THE JURISDICTION OF THE COURTS OF OF, AND VENUE IN, THE STATE AND FEDERAL COURTS LOCATED WITHIN THE COMMONWEALTH OF TEXAS MASSACHUSETTS. LESSOR AND THE FEDERAL DISTRICT COURT FOR THE DISTRICT THAT INCLUDES NEW BRAUNFELS, TEXAS FOR THE PURPOSES OF LESSEE HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF ITS OBLIGATIONS HEREUNDEROR IN CONNECTION WITH THIS LEASE OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREIN. THIS LEASE REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS BETWEEN THE PARTIES. LESSEE ACKNOWLEDGES AND EXPRESSLY WAIVES ANY OBJECTIONS CERTIFIES THAT THE SERVICE USER MAY HAVE TO THE VENUE OF NO SUCH COURTSORAL AGREEMENTS EXIST. Any action This Lease may not be amended, nor may any rights hereunder be waived, except by an instrument in writing signed by the Service User against the Service Provider for party charged with such amendment or waiver. The term Lessee, as used herein shall mean and include any cause and all Lessees who sign hereunder, each of action relating to this Agreement whom shall be brought within two jointly and severally bound hereby. This Lease will not be binding on Lessor until executed by Lessor. BankVest Capital Corp. and LeaseVest Capital Corp. Applied Data Communications, Inc. By: By: /s/ Xxxxxx X. Xxxx Title: Title: President ACCEPTANCE CERTIFICATE Acceptance Certificate to Lease Schedule No. 001 to Master Equipment Lease Agreement dated February 2, 1999 (2) years after any such cause of action first arisesthe "Lease").

Enforceability and Governing Law. Any provisions provision of this Agreement or any Note which are is unenforceable in any jurisdiction shall, as to such jurisdiction, shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions hereof, and any such unenforceability in any jurisdiction shall not render unenforceable such provisions in any other jurisdiction. To the extent permitted by applicable law, the Service User Debtor hereby waives any provisions of law which render any provision hereof unenforceable in any respect. Any waiver of the terms hereof shall be effective only in the specific instance and for the specific purpose given. Time is of the essence. The captions in this Agreement are for convenience only and shall not define or limit any of the terms hereof. THIS AGREEMENT AND THE LEGAL RELATIONS OF THE PARTIES HERETO EACH NOTE SHALL IN ALL RESPECTS BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO PRINCIPLES REGARDING THE CHOICE OF LAWRHODE ISLAND. THE SERVICE USER DEBTOR HEREBY CONSENTS AND SUBMITS TO THE JURISDICTION OF THE COURTS OF THE STATE OF TEXAS RHODE ISLAND AND THE FEDERAL DISTRICT COURT FOR THE DISTRICT THAT INCLUDES NEW BRAUNFELS, TEXAS OF RHODE ISLAND FOR THE PURPOSES OF ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF ITS OBLIGATIONS HEREUNDERHEREUNDER OR UNDER THE NOTES, AND EXPRESSLY WAIVES ANY OBJECTIONS THAT THE SERVICE USER IT MAY HAVE TO THE VENUE OF SUCH COURTS. DEBTOR HEREBY EXPRESSLY WAIVES TRIAL BY JURY IN ANY ACTION BROUGHT ON OR WITH RESPECT TO THIS AGREEMENT OR ANY NOTE. Any action by the Service User Debtor against the Service Provider Secured Party for any cause of action relating to under this Agreement or any Note shall be brought within two (2) years one year after any such cause of action first arisesoccurs.