Exhibit 10.29
PROGRESS PAYMENT AGREEMENT RIDER
FOR SOFTWARE AND IMPLEMENTATION SERVICES RELATED TO THE DUCKWALL
POS INSTALLATION
Progress Payment Agreement Rider
to Lease Schedule No. 001, between the undersigned parties, is
dated as of November 9, 2005.
WHEREAS, General Electric Capital
Corporation (Lessor) and the undersigned Lessee have entered into a
Master Lease Agreement, No, 4168852, and Lease Schedule No. 001
identified above (hereinafter collectively referred to as the
“Lease Agreement”) pursuant to which Lessor will lease
to Lessee the Equipment, as defined in the Lease
Agreement;
WHEREAS, said Equipment is
scheduled to be installed over several months commencing on or
about November 9, 2005 and continuing through December 31, 2005
(“Installation Period”);
WHEREAS, Lessee desires that the
Lease Agreement of all said Equipment commence on or about January
1, 2006;
WHEREAS, the seller(s) and other
providers of said Equipment require payment prior to the formal
commencement of said Lease Agreement term, and the Lessee is
desirous of having Lessor advance to such entities the purchase
price and other amounts in respect of the Equipment as said
Equipment is installed; and
WHEREAS, Lessor is willing to
advance money in respect of said Equipment provided the Lessee will
make Lessor whole and bear all risks and costs associated with the
ownership and use of the Equipment, subject to the terms of said
Lease Agreement.
NOW THEREFORE, in consideration
of the premises and covenants contained herein and other good and
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as
follows:
Subject to the terms hereof,
Lessor agrees to make payments to the seller(s) and other providers
for the Equipment, as authorized and directed in writing by the
Lessee and approved by Lessor, for purchases
