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<br />
<br />Sa,
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<br />
<br />6,
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<br />
<br />IF SUFFICIENT FUNDS ARE NOT APPROPRIATED FOR RENTAL PAYMENT DUE IN ANY FISCAL YEAR AND THE
<br />LESSEE SHALL HAVE AT SUCH TIME NO FUNDS DULY AUTHORIZED FOR THE RENTAL PAYMENTS, AN EVENT OF
<br />NONAPPROPRIATlON 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 COUNTY TEXAS.
<br />
<br />LESSEE GRANTS TO LESSOR A SECURITY 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 />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 />7,
<br />
<br />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 />
<br />AT ITS OWN EXPENSE LESSEE SHALL MAINTAIN CASUALTY, PUBLIC LIABILITY AND PROPERTY 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.
<br />
<br />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,
<br />
<br />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 LIABILITY, OBLIGATIONS, LOSSES, CLAIMS
<br />AND DAMAGES WHATSOEVER, REGARDLESS OF CAUSE THEREOF EXCEPT THOSE RESULTING 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 PROPERTY
<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 />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 INABILITY, 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 />MENT OF THE 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 />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 />10,
<br />
<br />11,
<br />
<br />12,
<br />
<br />ALL ATTACHMENTS/EXHIBITS, ONCE ACCEPTED AND APPROVED BY BOTH PARTIES, BECOMES PART OF THIS
<br />AGREEMENT
<br />
<br />LESSEE;
<br />
<br />
<br />LESSOR;
<br />
<br />C~~~A=--
<br />
<br />. . -
<br />
<br />,h,~/-
<br />/[.'-"/i;/. 5'1'/:'"
<br />
<br />BY;
<br />
<br />BY;
<br />
<br />TITLE;
<br />
<br />.I iC ae a one
<br />City Hann"er
<br />
<br />Janunry 22, 1993
<br />
<br />DATE;
<br />
<br />TITLE:
<br />
<br />DALE;
<br />
|