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Lessor BSFS Equipment Leasing -A Component of General Electric Capital Corporation Certificate as to Non -Arbitrage Annex C Lessee Indian River County Agreement No./Schedule No. 7297850-001 1, the undersigned officer of the Lessee, being the person duly charged, with others, with responsibility for issuing the Lessee's obligation in the form of that certain agreement entitled "Master Lease/Purchase Agreement No. 7297850" and "Equipment Schedule No. -001" and other related documents and instruments as each may have been amended (collectively, "Lease"), HEREBY CERTIFY that: 1. The Lease was executed by the Lessee in order to finance the acquisition of certain equipment ("Equipment") and software licenses ("Software") described therein (collectively, the "System"). 2. Pursuant to the Lease, the Lessee is entitled to purchase the System in consideration for the obligations of the Lessee under the Lease. The System will be used in furtherance of the public purposes of the Lessee. The Lessee does not intend to sell/lease the Equipment or sublicense the Software (or otherwise dispose of the System) during the term of the Lease. The Lessee will not receive any monies, funds, or other "proceeds" as a result of the Lease. 3. The use of the System is a governmental use as that term is defined in Section 141 of the Internal Revenue Code of 1986, as amended, and is essential to the proper, efficient and economic functioning of the Lessee. The System will be used by the Lessee only for the purpose of performing its governmental functions and will not be used in a trade or business for any private commercial activity. 4. The Lessee expects to make payments under the Lease from its general funds on the basis of annual appropriations in amounts equal to the required payments under the Lease. 5. Lessee has not established, and will not establish any fund, designated or restricted, to pay principal or interest on the payments due under the Lease. 6. Lessee's obligations hereunder are not guaranteed by the United States of America or any agency or instrumentally thereof. 7. Lessee has fully complied with all applicable laws governing open meetings and such public bidding requirements as may be applicable to the Lease and the acquisition of the System thereunder. To the best of my knowledge, information and belief, the representations expressed herein are true and correct as of the date hereof. IN WITNESS WHEREOF, I have hereunto set my hand on behalf of the Lessee on this 4th day of Mav 2004 By (signature)�Arra��1: (yiy Officer of Legsee Print Name Caroline D. Ginn Print Title