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Lessor BSFS Equipment Leasing, A Component of General Electric Capital Corporation Lessee Indian River County Florida. Agreement Addendum Agreement NoJSchedule No. 7297850 A. AMENDMENTS TO MASTER LEASE/PURCHASE AGREEMENT. Contemporaneously with entering into the Master Lease/Purchase Agreement referenced above, Lessee and Lessor hereby agree to the following changes to the Master Lease/Purchase Agreement: 1.. Section 4. N ONAP PROP RIATION: The second sentence of Section 4 of the Agreement is deleted and the following substituted in lieu thereof: "A "nonappropriation is defined as an occurrence in which, notwithstanding Lessee's best efforts and exhaustion of all available administrative appeals, Lessee is not allotted line item funds for the payment of Rent hereunder for a' Fiscal Period and Lessee has no other: funds from non -ad valorem sources legally available to be allocated to the payment of its obligations under a Lease. Lessor acknowledges that Rent is payable from sources other than ad valorem taxes." 2. Section 12. INSURANCE: The last sentence of Section 12 is deleted and the following substituted in lieu thereof: "Lessor consents to Lessee self-insuring with respect to the. above coverages. However, in the event Lessee ceases 'to be self-insured, Lessee will comply with the provisions of this Section. To the maximum extent permitted by applicable law, Lessee hereby indemnifies Lessor against, and holds Lessor harmless from, and covenants to defend Lessor against, any and all losses, claims, liens, encumbrances, actions, suits, damages,.obligations, and liabilities (and all costs and expenses including, without limitation, reasonable attorneys' fees incurred by Lessor, in connection therewith) arising out of or in any way related to Lessee's election to self -insure." 3. Section 16. REMEDIES: The text of Section 16(f) is deleted and the following substituted in lieu thereof: "(f) take possession of any System wherever located, with demand and notice but without any court order or any process by (as long as such actions will not be a breach of the peace)." B. AMENDMENTS TO EACH EQUIPMENT SCHEDULE. Contemporaneously with entering into the Master Lease/Purchase Agreement referenced above, Lessee and Lessor hereby agree to the following changes to each Equipment Schedule to the Master Lease/Purchase Agreement: 1. Section 6 of each Schedule. SECURITY INTEREST; TITLE: The third sentence of Section 6 of each Schedule entered into pursuant to this Agreement is deleted. C. NO OTHER AMENDMENTS. Except as expressly modified hereby, all other terms and provision of the Master Lease/Purchase Agreement referenced above and each Equipment Schedule thereto shall remain in full force and . effect. BSFS Equipment Leasing, A Component of General Electric Capital Corporation BY Authorized Representative PRINT NAME �1��eSV IL DATE q/7.tJ/() Indian River County BY Authorized Rep tative PRINT NAME Caroline D. Ginn TITLE Chairman DATE 05/04/2004 Page 1