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C-1 ti (e) During the teras of this Agreement, the Equipment will be used by Lessee only for the purpose of performing one or more essential governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority and will not be used in a trade or business of any person or entity other than the Lcsscc. (n During the period this Agreement is in force, Lessee Will annually provide Lessor %vith such current financial statements, budgets, proof of appropriation for ensuing fiscal year or such other financial information relating to the decision of Lessee to continue this Agreement as may be reasonably requested by Lessor or its assignee. (g) The Equipment will have a useful life in the hands of the Lessee that is substantially in excess of the Original Term and all Renewal Terms. (h) The Equipment is, and during the period this Agreement is in force will remain, personal property and when subjected to use by the Lessee under this Agreement, will not be or become fixtures. ARTICLE 11 DEFINITIONS Section 2.01 The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Agreement" means this Lease Purchase -Agreement, including the Exhibits attached hereto, as the same may be supplemented or amended from lime to time in accordance with the terms hereoG "Commencement Date" is the date when the term of this Agreement begins and Lessee's obligation to pay rent accrues, which shall be the date ofdelivery of this Agreement. "Equipment" means the property described in Exhibit D and which is the subject of this Agrcement. "Lease Term" means the Original Terra and all Renewal Terms provided for in this Agreement under Section 4 O 1. "Lessee" means the entity which is described in the first paragraph of this Agreement and which is leasing the Equipment from Lessor under the provisions of this Agreement. "Lessor" means (i) Commercial & Municipal Capital, LLC, acting as Lessor hereunder, (ii) any surviving resulting or transferee corporation; and (iii) except where the context requires otherwise, any assignee(s) of Lessor. "Original Term" means the period from the Commencement Date until the end of the fiscal year of Lessee in effect at the Commencement Date. "Purchase Price" means the amount indicated with respect to any date after payment of all Rental Payments (defined below) due through such date, all as set forth in Exhibit E hereto, or supplemental Exhibit E hereto, as the cast may be. "Renewal Terms" means the automatic renewal terms of this Agreement as provided for in Article Cr of this Agreement,. each having a duration of one year and a term co -extensive with tite Lessee's fiscal year, except the last of srr:h automatic renewal terms which shall end on the due date of the last Rental Payment set forth in Exhibit L to this Agreement. "R.nial payments" means the basic rental payments payable by Lessee pursuant to tite provisions or this Agreoment during the lease Term, payable in consideration of the right of Lessee to use the Equipment