If the customer fails to pay pursuant to the terms of this agreement and Orange Crush, L.L.C. ("Orange Crush"), elects to take action to collect this account, the customer shall pay all costs incurred by Orange Crush, including, but not limited to: Attorneys’ fees, collection agency fees, court cost, deposition and transcript costs, sheriff’s fees, special process server fees, expert witness fees and bond cost. The customer assigns as security for any indebtedness incurred or to be incurred to Orange Crush under this account all of the customer’s presently owned and existing and hereafter acquire and arising: accounts, accounts receivable, contract rights, chattel paper, equipment, inventory, and all proceeds of the foregoing collateral. Customer appoints any representative of Orange Crush as Customer’s Attorney-in-fact to sign and file a UCC-I Financing Statement to prefect the security interest. This transaction shall be governed by the law of the State of Illinois, and jurisdiction and venue for the hearing for any matter in dispute shall be with the Circuit Court of Cook County, Illinois. Customer waives any right to a jury trial and any right to file a counter-claim in any action to enforce this agreement. At Orange Crush’s sole discretion, any deposition will take place in Cook County.

The customer authorizes any of its employees it sends to orange Crush to deliver or pick up equipment or materials, for purchase, rental or repair, to sign rental or delivery receipts or repair orders for said equipment or materials and agrees to be bound by all the terms of said documents. In the event the customer directs Orange Crush to deliver any material and equipment, and the customer does not have a representative present at the time of delivery, the customer authorizes Orange Crush to leave the material and equipment at the designated place of delivery. Upon said delivery, the customer will be responsible for said material and equipment. Orange Crush’s use of a purchase order number is for the customer’s convenience and identification only. This agreement supersedes any inconsistent provision in any purchase order. Absence of a purchase order number shall not constitute grounds for non-payment of changes when the customer has had possession, or the right to possession of the items charged.

If the customer is not a corporation, or there is a change or ownership of the customer’s business entity, the principle owners will remain personally liable for any indebtedness incurred on the aforesaid account even if they later incorporate or sell the business, unless the customer sends a written notice of said change in status by Certified Mail, Return Receipt Requested, to Orange Crush. Personal liability shall continue for the account balance incurred before said notice is received.

Customer agrees to inspect all material immediately upon delivery to verify: (a) the quantities described in the accompanying delivery ticket's) are the quantities delivered; and, (b) there are no visible defects in the material. The customer also agrees to examine all delivery tickets and invoices upon receipt. Unless the customer gives Orange Crush written notice by Certified Mail, Return Receipt Requested, within three (3) days of delivery, the customer waives any claim he may have against Orange Crush for any determinable deficiency or defect in said delivery, product, or repair and any objection he may have to amount of the invoice.

The customer shall indemnify and hold Orange Crush harmless against any and all claims, demands, liabilities, losses, damages and injuries whatsoever kind or nature, and all attorney’s fees, costs and expenses relating to or in any way arising out of the ordering, acquisition, delivery, installation, possession, maintenance, use, operation, control, loss, damage, destruction, return, surrender, sale or other disposition of the material and equipment purchased or rented. This indemnity shall not be affected by any termination of this agreement with respect to said materials and equipment.

The parties agree that this is the entire agreement and that no oral representation or agreement has been made which would modify this Credit Agreement or be a condition precedent to subsequent to the enforcement of this agreement and that this agreement may not be modified except by a writing signed by each of the parties. The invalidity of any portion of this agreement shall not be construed as a waiver thereof and shall not excuse customer from strict performance. Time is of the essence of this agreement.