OF SUCH LEGAL OR EQUITABLE RELIEF AS IS
DEEMED APPROPRIATE BY SUCH COURT.
(b)
Each party hereto consents to the service of any and all process in any
such action or proceeding by the mailing or delivery of copies of such process
to it at its address specified in Section 9.02 by registered mail or by
overnight courier service which is equipped with a delivery tracking system.
Nothing in this Section 9.10 shall affect the right of any party hereto to serve
legal process in any other manner permitted by law.
Section 9.11.
Waiver of Jury Trial. EACH OF THE PARTIES HERETO WAIVES ITS
RESPECTIVE RIGHTS TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON
OR ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED
HEREBY IN ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY
OF THE PARTIES AGAINST ANY OTHER PARTY OR PARTIES, WITH RESPECT TO CONTRACT
CLAIMS. EACH OF THE PARTIES HERETO AGREES THAT ANY SUCH CLAIM OR CAUSE OF ACTION
SHALL BE TRIED BY A JUDGE WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, EACH
OF THE PARTIES HERETO FURTHER AGREES THAT ITS RESPECTIVE RIGHT TO A TRIAL BY
JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR
OTHER PROCEEDING THAT SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR
ENFORCEABILITY OF THIS AGREEMENT OR ANY PROVISION HEREOF. THIS WAIVER SHALL
APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO
THIS AGREEMENT.
[Remainder of page intentionally left blank]
32
163008276
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their respective officers thereunto duly authorized, as of the date first above
written.
HERC SELLER AND COLLECTION AGENT:
HERC RENTALS INC.
By: /s/ Mark Irion
Name: Mark Irion
Title: Chief Financial Officer
CINELEASE SELLER
CINELEASE, INC.
By:
/s/ Marlin Shaw
Name: Marlin Shaw
Title: Vice President, Tax
PURCHASER:
HERC RECEIVABLES U.S. LLC
By: /s/ Mustally Hussain
Name: Mustally Hussain
Title: Treasurer
163008276
EXHIBIT A
CREDIT AND COLLECTION GUIDELINES
[Intentionally omitted.]
A-1
163008276
EXHIBIT B
BANK ACCOUNTS & LOCK-BOXES
BANK ACCOUNTS
Concentration Accounts
Account Bank
Account Number
Related Lock-Box (if any)
Well Fargo Bank, N.A.
[Intentionally omitted]
[Intentionally omitted]
Collections Accounts - Class A:
Account Bank
Account Number
Related Lock-Box (if any)
Bank of America, N.A.
[Intentionally omitted]
N/A
Well Fargo Bank, N.A.
[Intentionally omitted]
N/A
Bank of New York
[Intentionally omitted]
N/A
JPMorgan Chase Bank, N.A.
[Intentionally omitted]
N/A
Collections Accounts - Class B:
Account Bank
Account Number
Related Lock-Box (if any)
Bank of America, N.A.
[Intentionally omitted]
N/A
Bank of Hawaii
[Intentionally omitted]
N/A
JPMorgan Chase Bank, N.A.
[Intentionally omitted]
N/A
PNC Bank
[Intentionally omitted]
N/A
RCB Bank
[Intentionally omitted]
N/A
Regions Bank
[Intentionally omitted]
N/A
US Bank, N.A.
[Intentionally omitted]
N/A
Lock Boxes:
Account Bank
Related Concentration or Collection Account Number into which this Lock-Box
deposits
Well Fargo Bank, N.A.
[Intentionally omitted]
Bank of New York
[Intentionally omitted]
B-1
163008276