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<br />5. IF SUFFICIENT FUNDS ARE NOT APPROPRIATED FOR RENTAL PAYMENT DUE IN ANY FISCAL YijNlllf1l,tl,TIlE
<br />LESSEE SHALL HAVE AT SUCH TIME NO FUNDS DULY AUTHORIZED FOR THE RENTAL PAYMENTS. AN EVENT OF
<br />NONAPPROPRIATION SHALL BE DEEMED TO HAVE OCCURRED. THE LESSEE SHALL PROMPTLY DELIVER NOTICE
<br />THEREOF TO THE LESSOR. UPON THE OCCURRENCE OF AN EVENT OF NONAPPROPRIA TION, THE LESSEE
<br />AGREES THAT THE LESSOR MAY RECLAIM POSSESSION OF THE VEHICLES(S). LESSEE AGREES PEACEABLY TO
<br />DELIVER THE VEHICLE(S) TO LESSOR AT A REASONABLE LOCATION SPECIFIED BY LESSOR. ALL AT LESSEE'S
<br />EXPENSE. ALL PAYMENTS ARE DUE AND PAYABLE IN DALLAS COUN1Y TEXAS.
<br />
<br />Sa. LESSEE GRANTS TO LESSOR A SECURI1Y INTEREST CONSTITUTING A FIRST LIEN ON THE VEHICLE(S) AND ON
<br />ALL ADDITIONS AND ATTACHMENTS THERETO, AND ON ANY PROCEEDS THEREFROM. ALL ADDITIONS AND
<br />ATTACHMENTS WILL BE DOCUMENTED AND BECOME A PART OF THIS AGREEMENT.
<br />
<br />5b. LESEE SHALL PROMPTLY DISCHARGE ANY MECHANIC'S OR MATERIALMEN'S LIENS PLACED ON THE VEHICLE(S)
<br />BY ANY AGENT, CONTRACTOR OR SUPPLIER OF THE LESSEE.
<br />
<br />6. IN THE EVENT THAT THE USE, POSSESSION OR AOUISITION OF THE VEHICLE(S) IS FOUND TO BE SUBJECT TO
<br />TAXATION IN ANY FORM (EXCEPT FOR INCOME TAX OF LESSOR) GOVERNMENT CHARGES OR UTILITY CHARGES
<br />AND EXPENSES, LESSEE WILL PAY ALL SUCH TAXES AND CHARGES AS THEY COME DUE.
<br />7, AT ITS OWN EXPENSE LESSEE SHALL MAINTAIN CASUAL 1Y, PUBLIC LIABILITY AND PROPER1Y DAMAGE INSUR,
<br />ANCE IN AMOUNTS AS IS LEGAL AND CONSISTENT WITH VEHICLE(S) APPLICATION AND PURPOSE. EVIDENCE OF
<br />SUFFICIENT COVERAGE IN THE FORM OF CERTIFICATES MUST BE DELIVERED TO LESSOR THROUGHOUT THE
<br />TERM OF THE LEASE. IN THE EVENT LESSEE'S INSURANCE COVERAGE WOULD BE INSUFFICIENT TO FULLY
<br />RESTORE THE VEHICLE(S) TO BEFORE DAMAGE STATUS. LESSEE IS FINANCIALLY RESPONSIBLE TO COMPLETE
<br />THOSE REPAIRS NOT COVERED BY LESSEE'S INSURANCE.
<br />
<br />8. THIS AGREEMENT AND THE INTEREST OF THE LESSEE IN THE VEHICLE(S) MAY NOT BE SOLD, ASSIGNED OR
<br />ENCUMBERED BY LESSEE WITHOUT THE PRIOR WRITTEN CONSENT OF THE LESSOR.
<br />
<br />9. TO THE EXTENT pERMITTED BY THE LAWS AND CONSTITUTION OF THE STATE, LESSEE SHALL PROTECT, HOLD
<br />HARMLESS AND INDEMNIFY LESSOR FROM AND AGAINST ANY AND ALL L1ABILl1Y, OBLIGATIONS, LOSSES, CLAIMS
<br />AND DAMAGES WHATSOEVER. REGARDLESS OF CAUSE THEREOF EXCEPT THOSE RESUL TING,FROM LESSOR'S
<br />INTENTIONAL OR NEGLIGENT ACTS OR OMISSIONS, AND EXPENSES IN CONNECTION THEREWITH. INCLUDING,
<br />WITHOUT LIMITATION, COUNSEL AND EXPENSES PENALTIES AND INTEREST ARISING OUT OF OR AS THE RESULT
<br />OF THE ENTERING INTO OF THIS AGREEMENT, THE OWNERSHIP OF ANY ITEM OF THE VEHICLE(S), THE ORDER
<br />lNG, AOUISITION. USE, OPERATION. CONDITION, PURCHASE. DELIVERY, REJECTION, STORAGE OR RETURN OF
<br />ANY ITEM OF THE VEHICLE(S) OR ANY ACCIDENT IN CONNECTION WITH THE OPERATION, USE, CONDITION,
<br />pOSSESSION, STORAGE ORRETURN OF ANY ITEM OF THE VEHICLE(S) RESULTING IN DAMAGE TO pROpER1Y
<br />OR INJURY TO OR DEATH TO ANY PERSON. THE INDEMNIFICATION ARISING UNDER THIS PARAGRAPH SHALL
<br />SURVIVE THE TERMINATION OF THIS AGREEMENT.
<br />
<br />10. IF BY REASON OF FORCE MAJEURE LESSEE IS UNABLE IN WHOLE OR IN PART TO CARRY OUT ITS AGREEMENT
<br />ON ITS PART HEREIN CONTAINED, OTHER THAN THE OBLIGATIONS ON THE PART OF LESSEE, LESSEE SHALL NOT
<br />BE DEEMED IN DEFAULT DURING THE CONTINUANCE OF SUCH INABILl1Y. THE TERM 'FORCE MAJEURE" AS USED
<br />HERIN SHALL MEAN, WITHOUT LIMITATION, THE FOLLOWING; ACTS OF GOD, STRIKES, LOCKOUTS OR OTHER
<br />INDUSTRIAL DISTURBANCES; ACT OF PUBLIC ENEMIES. ORDERS OR RESTRAINTS OF ANY KIND OF THE GOVERN,
<br />MENTOFTHE UNITED STATES OF AMERICA OR THE STATE OF TEXAS OR ANY OF THEIR DEPARTMENTS,
<br />AGENCIESOR OFFICIALS. OR ANY CIVIL OR MILITARY AUTHORITY; INSURRECTIONS; RIOTS; LANDSLIDES;
<br />EARTHOUAKES;FIRES; STORMS; DROUGHTS; FLOODS; OR EXPLOSIONS.
<br />
<br />1 ,. IN THE EVENT ANY PROVISION OF THIS AGREEMENT SHALL BE HELD INVALID OR UNENFORCEABLE BY ANY
<br />COURT OF COMPETENT JURISDICTION. SUCH HOLDING SHALL NOT INVALIDATE OR RENDER UNENFORCEABLE
<br />ANY OTHER PROVISION HEREOF.
<br />
<br />12. ALL ATTACHMENTS/EXHIBITS, ONCE ACCEPTED AND APPROVED BY BOTH PARTIES, BECOMES PART OF THIS
<br />AGREEMENT.
<br />
<br />LESSEE; C;I:;tY'D.e ):'alC:),:S, rar:j::s, rexas
<br />BY:
<br />
<br />LESSOR:
<br />
<br />CAPPS RENT A CAR INC.
<br />
<br />TITLE;
<br />DATE:
<br />
<br />1t:l:cn/i,e;J, 1;. t Ma],cne.
<br />Ci.t)l' 'Mana!/er
<br />
<br />BY:
<br />
<br />August :1,4, :1,995
<br />
<br />TITLE:
<br />DATE;
<br />
<br />SPECIAL FLEET CooRDNATIOR
<br />
<br />D3lEMGAMNT
<br />
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