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CI <br />CA <br />Lessor shall have the right at all reasonable times during business hours to enter into and upon the <br />property of Lessee for the purpose of inspecting the Equipment. <br />ARTICLE VI <br />RENTAL PAYMENTS <br />Section 6.01. Rental Payments to Constitute a Current Expense of Lessee. Lessor and Lessee <br />understand and intend that the obligation of Lessee to pay Rental Payments hereunder shall constitute a <br />current expense of Lcssce out of its available non -ad valorem revenues and shall not in any way be <br />construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitations or <br />requirements concerning the creation of indebtedness by Lessee. Nothing contained herein shall constitute <br />a pledge of the -Lessee's general tax revenues, funds or monies. <br />Section 6.02. Payment of Rental Payments. During the Original Term and during each Renewal Term <br />elected by Lessee, Lessee shall pay ]cental Payments, exclusively from legally available funds, in lawful <br />money ofthc United States of America to Lessor or, in the event of assignment by Lessor, to its assignee, in <br />the amounts and on the dates set forth in Exhibit E hereto. Rental Payments shall be in consideration for <br />Lessee's use of the Equipment during the applicable year in which such payments are due. <br />Section 6.03. Interest and -Principal Components. A portion of each Lease Rental Payment is paid as. <br />and represents payment of, interest, and the balance of each Rental Payment is paid as, and represents <br />payment of principal. Exhibit E hereto sets forth the interest component and the principai component of <br />each Rental Payment during the Lease Term. <br />Section 6.04. Additional Interest in the [went (fie Interest is -Tax bt , Lessee acknowledges that <br />Lessor's yield with respect to this Agreement rs dependent upon the full amount of each lease rental <br />payment being excluded from Lessor's income pursuant to Section 103(a) of the United States Intemal <br />Revenue Code of 1486 as amended (the "'Code"). Accordingly, if at any time, as a result of a determination <br />that Lessee has breached a representation or covenant contained herein, or as a result of any change in the <br />Code, any payment of either the interest component or the principal component of any lease rental payment <br />is, in the opinion of counsel for the Lessor, subject to or affected by any income, preference, excess profits. <br />minimum or other federal tax, Lessee shall pay, as additional interest, an amount which is necessary to <br />provide to Lessor the same net income as Lessor would have received but for such event. Lessor's <br />calculations of such additional interest shall be binding upon lessee in the absence of manifest error. <br />Section 6.05. Rental Payments to be Unconditional. During the Original Term and during each <br />Renewal Term elected by Lessee, the obligations of Lessee to make payment of the Rental Payments <br />required under this Article VI and other sections hereof and to perform and observe the covenants and <br />agreements contained herein shall be absolute and unconditional in all events, except a� expressly provided <br />under this Agreement. Notwithslanding any dispute between Lessee and Lessor, any Vendor or any other <br />person, Lessee agrees to pay all Rental Payments when due and shall not withhold any Rental Payments <br />pending final resolution of such dispute, nor shall Lessee assert any right of set-off or counterclaim against <br />its obligation to make such payments when required under this Agreement. Lessee's obligation to make <br />Rental Payments during the Original Term or the then current Renewal Term elected by Lessce shall not be <br />abated through accident or unforeseen circumstances. <br />Section 6.06. Continuation of Lease Term by Lessee. Lessee intends, subject to the provisions of <br />Section 6.07, to continue the Lease Term through the Original Term and all the Rental Payments hereunder. <br />Lessee reasonably believes that legally available funds from non -ad valorem tax sources in an amount <br />sufficient to make all Rental Payments during the Original "rerm and cacti of the Renewal Tennis can be <br />obtained. Lessee further intends to do all things lawfully within its power to obtain and maintain funds from <br />which the Rental Payments may be made, including making provision for, such payments to the extent <br />necessary in each biannual or annual budget submitted and adopted in accordance with applicable <br />provisions of state law, to have such portion of the budget approved, and to exhaust all available reviews <br />and appeals in the event such portion of the budget is not approved. <br />