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1995
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1995
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CITY CLERK
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• <br />Page 2 <br />nor shall anything contained herein conotitut-e a pledge of the general tax revenues, <br />funds or monies of Lessee. Lessee ohall pay rent exclusively from legally available <br />funds, in the amounts net- forth both above and on the rent- due dates set forth in the <br />Schedule of Payments (Exhibit C) attached to the Certificate of Acceptance (Exhibit D), <br />executed by Lessee, by mailing the name to Lersor at the address specified in Section <br />14(a). For purpooeo of making computationo under applicable regulations and rulings <br />under federal- income tax law, and as set forth in the Schedule of Payments, a portion of <br />each rent- payment is paid as, and represents payment of, interest, and the balance of <br />each rent payment in paid an, and represents payment of, principal. Each year's rental <br />payment is for the consideration actually furnished that year and each rental payment is. <br />supported by the une of the equipment in cacti year. The obligation of Lessee to make <br />payment of rent-, and to perform and observe the agreements contained in the Agreement-, <br />shall be absolute and unconditional in all events, except an expressly provided herein. <br />Notwithstanding any dispute between Lennee, Lessor, and any other person, Lessee shall <br />make all rent payments when due and shall not withhold any rent payments pending final <br />resolution of such dispute, nor shall Lessee assert any right- of setoff or counterclaim <br />against its obligation to make ouch payments required under this Agreement, Lessee's <br />obligation to pay rent shall not be abated through accident or unforeseen circumstances. <br />2. LEASE TERM. (a) Commencement of Lease Term. The lease terms shall commence on the <br />date on which the Equipment is accepted by Lessee as indicated on the Certificate of <br />Acceptance (the Commencement Date), and shall terminate on the last business day of <br />Lessee's then current fiscal budget period (such period being hereinafter referred to as <br />the "Original Term "): provided, however, that this Agreement shall be effective from and <br />after the date of execution hereof. <br />(b) Renewal of Lease Term. Upon expiration of the Original Term, this Lease <br />shall automatically renew on a year -to -year basis for the number of budget periods <br />necessary to comprise the Full Lease Term as net forth in Exhibit C attached hereto and <br />made a part hereof, unless Lessee given written notice to Lessor not less than 60 days <br />prior to the end of the then current- term pursuant to subpart (e) of this section or <br />Section 10, an the care may be. Each renewal period is hereinafter referred to as a <br />"Renewal Term ", and all Renewal Terms, together with the Original Term, shall comprise <br />the "Full Lease Term ". The terms applicable to any Renewal Term shall be the same as the' <br />terms applicable to the Original Term, except that the rent shall be an provided in the <br />Schedule of Payments in Exhibit- C. <br />(c) Termination of Lease Term. The Lease Term will terminate upon the earliest <br />to occur of any of the following events: (1) the expiration of the Original Term or any <br />Renewal Term and the nonrenewal thereof in accordance with the terms hereof; (2) the <br />purchase of the Equipment by Lessee pursuant to Section 8 or 10; (3) a default by Lessee <br />or Lessor's election to terminate this Agreement under Section 12; or (4) the payment by <br />Lessee of all rentals authorized or required to be paid by Lessee hereunder. <br />(d) Continuation of Lease Term by Lennee. Lessee intends, subject to the <br />provisions of subpart (e) of thin section, to continue the Lease Term through the <br />Original Term and all Renewal Terms for the Full Lease Term and to pay the rent <br />hereunder. Lessee reasonably believes that legally available funds in an amount <br />sufficient to pay all rent for the Full Lease 'term can be obtained. Lessee further <br />intends and covenants to do all things lawfully within its power to obtain and maintain <br />funds from which the rent may be paid, including making provision for ouch rent to the <br />extent necessary in each budget submitted and adopted in accordance with law, to use its <br />bona fide best efforts to have ouch portion of the budget approved, and to exhaust all <br />available reviews and appeals in the event such portion of the budget- is not approved. <br />
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