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S. IF SUFFICIENT FUNDS ARE NOT APPROPRIATED FOR RENTAL PAYMENT DUE IN ANY FISCAL YEAR AND THE LESSEE SHALL HAVE AT SUCH TIME NO FUNDS DULY AUTHORIZED FOR THE RENTAL PAYMENTS, AN EVENT OF NONAPPROPRIATION SHALL BE DEEMED TO HAVE OCCURRED. THE LESSEE SHALL PROMPTLY DELIVER NOTICE THEREOF TO THE LESSOR. UPON THE OCCURRENCE OF AN EVENT OF NONAPPROPRIATION, THE LESSEE AGREES THAT THE LESSOR MAY RECLAIM POSSESSION OF THE VEHICLES(S). LESSEE AGREES PEACEABLY TO DELIVER THE VEHICLE(S) TO LESSOR AT A REASONABLE LOCATION SPECIFIED BY LESSOR, ALL AT LESSEE'S EXPENSE. ALL PAYMENTS ARE DUE AND PAYABLE IN DALLAS COUNTY TEXAS. 5a. LESSEE GRANTS TO LESSOR A SECURITY INTEREST CONSTITUTING A FIRST LIEN ON THE VEHICLE(S) AND ON ALL ADDITIONS AND ATTACHMENTS THERETO, AND ON ANY PROCEEDS THEREFROM. ALL ADDITIONS AND ATTACHMENTS WILL BE DOCUMENTED AND BECOME A PART OF THIS AGREEMENT. 5b. LESEE SHALL PROMPTLY DISCHARGE ANY MECHANIC'S OR MATERIALMEN'S LIENS PLACED ON THE VEHICLE(S) BY ANY AGENT. CONTRACTOR OR SUPPLIER OF THE LESSEE. 6. IN THE EVENT THAT THE USE, POSSESSION OR AQUISITION OF THE VEHICLE(S) IS FOUND TO BE SUBJECT TO TAXATION IN ANY FORM (EXCEPT FOR INCOME TAX OF LESSOR) GOVERNMENT CHARGES OR UTILITY CHARGES AND EXPENSES, LESSEE WILL PAY ALL SUCH TAXES AND CHARGES AS THEY COME DUE. 7. AT ITS OWN EXPENSE LESSEE SHALL MAINTAIN CASUALTY, PUBLIC LIABILITY AND PROPERTY DAMAGE INSUR- ANCE IN AMOUNTS AS IS LEGAL AND CONSISTENT WITH VEHICLE(S) APPLICATION AND PURPOSE. EVIDENCE OF SUFFICIENT COVERAGE IN THE FORM OF CERTIFICATES MUST BE DELIVERED TO LESSOR THROUGHOUT THE TERM OF THE LEASE. IN THE EVENT LESSEE'S INSURANCE COVERAGE WOULD BE INSUFFICIENT TO FULLY RESTORE THE VEHICLE(S) TO BEFORE DAMAGE STATUS, LESSEE IS FINANCIALLY RESPONSIBLE TO COMPLETE THOSE REPAIRS NOT COVERED BY LESSEE'S INSURANCE. 8. THIS AGREEMENT AND THE INTEREST OF THE LESSEE IN THE VEHICLE(S) MAY NOT BE SOLD, ASSIGNED OR ENCUMBERED BY LESSEE WITHOUT THE PRIOR WRITTEN CONSENT OF THE LESSOR. 9. TO THE EXTENT PERMITTED BY THE LAWS AND CONSTITUTION OF THE STATE, LESSEE SHALL PROTECT, HOLD HARMLESS AND INDEMNIFY LESSOR FROM AND AGAINST ANY AND ALL LIABILITY, OBLIGATIONS, LOSSES, CLAIMS AND DAMAGES WHATSOEVER, REGARDLESS OF CAUSE THEREOF EXCEPT THOSE RESULTING FROM LESSOR'S INTENTIONAL OR NEGLIGENT ACTS OR OMISSIONS, AND EXPENSES IN CONNECTION THEREWITH, INCLUDING, WITHOUT LIMITATION, COUNSEL AND EXPENSES PENALTIES AND INTEREST ARISING OUT OF OR AS THE RESULT OF THE ENTERING INTO OF THIS AGREEMENT, THE OWNERSHIP OF ANY ITEM OF THE VEHICLE(S), THE ORDER ING, AOUISITION, USE, OPERATION, CONDITION, PURCHASE, DELIVERY, REJECTION, STORAGE OR RETURN OF ANY ITEM OF THE VEHICLE(S) OR ANY ACCIDENT IN CONNECTION WITH THE OPERATION, USE, CONDITION, POSSESSION, STORAGE ORRETURN OF ANY ITEM OF THE VEHICLE(S) RESULTING IN DAMAGE TO PROPERTY OR INJURY TO OR DEATH TO ANY PERSON. THE INDEMNIFICATION ARISING UNDER THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 10. IF BY REASON OF FORCE MAJEURE LESSEE IS UNABLE IN WHOLE OR IN PART TO CARRY OUT ITS AGREEMENT ON ITS PART HEREIN CONTAINED, OTHER THAN THE OBLIGATIONS ON THE PART OF LESSEE, LESSEE SHALL NOT BE DEEMED IN DEFAULT DURING THE CONTINUANCE OF SUCH INABILITY. THE TERM 'FORCE MAJEURE' AS USED HERIN SHALL MEAN, WITHOUT LIMITATION, THE FOLLOWING; ACTS OF GOD, STRIKES, LOCKOUTS OR OTHER INDUSTRIAL DISTURBANCES; ACT OF PUBLIC ENEMIES, ORDERS OR RESTRAINTS OF ANY KIND OF THE GOVERN- MENT OF THE UNITED STATES OF AMERICA OR THE STATE OF TEXAS OR ANY OF THEIR DEPARTMENTS, AGENCIESOR OFFICIALS, OR ANY CIVIL OR MILITARY AUTHORITY; INSURRECTIONS; RIOTS; LANDSLIDES; EARTHQUAKES;FIRES; STORMS; DROUGHTS; FLOODS; OR EXPLOSIONS. 11. IN THE EVENT ANY PROVISION OF THIS AGREEMENT SHALL BE HELD INVALID OR UNENFORCEABLE BY ANY COURT OF COMPETENT JURISDICTION, SUCH HOLDING SHALL NOT INVALIDATE OR RENDER UNENFORCEABLE ANY OTHER PROVISION HEREOF. 12. ALL ATTACHMENTS /EXHIBITS, ONCE ACCEPTED AND APPROVED BY BOTH PARTIES, BECOMES PART OF THIS AGREEMENT LESSEE: CITY OFPIS LESSOR: CAPPS /ENT A CAR INC. llau Malone a one TITLE: Citv Mana�cr TITLE: 04 z DATF: January 22, 1993 DATE: �!'