236-26 EZ Speed Study Program and Application - Final.pdf

6 | P a g e EZ Speed Study Program Application and Agreement Form 13. Waiver. No covenant or condition of the Agreement can be waived except by the written consent of the parties. The failure of either party to enforce, at any time or for any period of time, the provisions hereof, or the failure of either party to exercise any option herein, shall not be construed as a waiver of such provision or option and shall in no way affect that party’s right to enforce such provisions or exercise such option. 14. Entire Agreement. This instrument constitutes the entire agreement between EZ Ride and the Borrower; and it shall not be amended, altered, or changed except by a written agreement between the Parties. The Parties have read and understand the Agreement fully. It is signed in accordance with New Jersey law by the duly authorized officers of the Borrower and EZ Ride. The undersigned has considered the placement recommendations in Paragraph 5 and attached insurance as instructed in Paragraph 6. 15. Force Majeure. Nonperformance of either party under the Agreement shall be excused to the extent and during the period that performance is rendered impossible by strike, fire, flood, hurricane, earthquakes, other natural disaster, governmental acts or orders or restrictions, or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non- performing party (“Force Majeure Event”). The affected party will promptly inform the other party via email upon becoming aware that any Force Majeure Event has occurred or is likely to occur and will use commercially reasonable efforts to minimize any resulting delay in or interference with the performance of its obligations under the Agreement. 16. Counterparts. The Agreement may be executed in counterparts and in any format, including electronically delivered versions thereof, each of which shall be deemed to be an original and shall fully bind each party who has executed it, but all such counterparts together shall constitute one and the same agreement. An authorized representative of each party has caused this Agreement to be duly executed as of the date shown below. Borrower EZ Ride __________________________________ __________________________________ Signature Signature __________________________________ __________________________________ Print Name Print

below. Borrower EZ Ride __________________________________ __________________________________ Signature Signature __________________________________ __________________________________ Print Name Print Name __________________________________ __________________________________ Title Title __________________________________ __________________________________ Date Date