1995-004-RES WHEREAS, CITY COUNCIL DID AT ITS SPECIAL MEETING ON SEPTEMBER 19 1994

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Page 2 nor shall anything contained herein constitute a pledge of the general tax revenues, funds or monies of Lessee. Lessee shall pay rent exclusively from legally available funds, in the amounts set forth both above and on the rent due dates set forth in the Schedule of Payments (Exhibit C) attached to the Certificate of Acceptance (Exhibit D), executed by Lessee, by mailing the same to LeGnor at the address specified in section 14(a). For purpoGes of making computations under applicable regulations and rulings under federal' income tax law, and aB set forth in the Schedule of Payments, a portion of each rent payment ia paid as, and represents payment of, interest, and the balance of each rent payment is paid as, and represents payment of, principal. Each year's rental payment is for the consideration actually furniGhed that year and each rental payment ia supported by the use of the equipment in each year. The obligation of Lessee to make payment of rent, and to perform and observe the agreemento contained in the Agreement, ahall be absolute and unconditional in all events, except as expressly provided herein. Notwithstanding any dispute between Lessee, Lessor, and any other person, Lessee shall make all rent payments when due and shall not withhold any rent payments pending final resolution of such dispute, nor ahall Lessee assert any right of setoff or counterclaim against its obligation to make ouch payments required under this Agreement, Lessee's obligation to pay rent shall not be abated through accident or unforeseen circumstances. 2. LEASE TERM. (a) Commencement of Lease Term. The lease terms shall commence on the date on which the Equipment is accepted by Lessee as indicated on the Certificate of Acceptance (the Commencement Date), and shall terminate on the last business day of Lessee's then current fiscal budget period (such period being hereinafter referred to as the "Original Term"): provided, however, that this Agreement shall be effective from and after the date of execution hereof. (b) Renewal of Lease Term. Upon expiration of the original Term, this Lease shall automatically renew on a year-to-year basis for the number of budget periods necessary to comprise the Full Lease Term as set forth in Exhibit C attached hereto and made a part hereof, unless Lessee gives written notice to Lessor not less than 60 days prior to the end of the then current term pursuant to subpart (e) of this section or Section 10, as the case may be. Each renewal period is hereinafter referred to as a "Renewal Term", and all Renewal Terms, together with the Original Term, shall comprise the "Full Lease Term". The terms applicable to any Renewal Term shall be the same as the.' terms applicable to the Original Term, except that the rent shall be as provided in the Schedule of Payments in Exhibit c. (c) Termination of Lease Term. The Lease Term will terminate upon the earliest to occur of any of the following events: (I) the expiration of the Original Term or any Renewal Term and the nonrenewal thereof in accordance with the terms hereof; (2) the purchase of the Equipment by Lesace pursuant to Section 8 or 10; (3) a default by Lessee or Lessorls election to terminate this Agreement under Section 12; or (4) the payment by Lessee of all rentals authorized or required to be paid by Lessee hereunder. (d) Continuation of Lease Term by Lessee. Lessee intends, subject to the provisions of subpart (e) of this section, to continue the Lease Term through the Original Term and all Renewal Terms for the Full Lease Term and to pay the rent hereunder. Lessee reasonably believes that legally available funds in an amount sufficient to pay all rent for the Full Lease Term can be obtained. Lessee further intends and covenants to do all things lawfully within its power to obtain and maintain funds from which the rent may be paid, including making provision for such rent to the extent necessary in each budget submitted and adopted in accordance with law, to use its bona fide best efforts to have such portion of the budget approved, and to exhauet all available reviews and appeals in the event ouch portion of the budget is not approved.