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1999-041
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1999-041
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Last modified
7/12/2023 8:40:57 AM
Creation date
7/12/2023 8:39:53 AM
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Official Documents
Official Document Type
Lease
Approved Date
02/09/1999
Control Number
1999-041
Entity Name
Commercial & Municipal Capital, LLC
Subject
Lease Purchase Agreement with Commercial & Municipal Capital, LLC for 2 Pierce (TM) Barber Pumper/ES
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CA <br />i <br />Section 6.07. Termination by Nonapprpnriation. In the event Lessee does not appropriate sufficient <br />funds for the payment of the Rental Payments scheduled to be paid in the next occurring Renewal Term <br />then, Lessee may terminate this Agreement at the end of the then current Original Term or Renewal Term, <br />and Lessee shall not be obligated to snake payment of the Rental Payments provided for in this Agreement <br />beyond the end of the then current Original or Renewal Term. Lessee agrees to deliver notice to Lessor of <br />such termination at least 30 days prior to the end of the then current Original or Renewal Term. <br />Section 6.08. Late Charges. If any Rental Payment is not paid in full to Lessor within fifteen (1 S) <br />days after the payment first became due and payable, Lessee shall immediately pay to Lessor an additional <br />one time late charge equal to five (S%) percent of each such amount past due along with the Rental <br />Payment. Partial payments by Lessee shall be applied First to repayment of interest on Lessor advances <br />pursuant to Section 8.04 if any, then to the accrued interest component of past due Rental Payments and the <br />balance to the remaining principal component of past due rental payments. <br />Section 6.09. Prepayment. Lessee shall have the right to prepay principal components of Lease Rental <br />Payments in whole on any date set forth in Exhibit E by paying the then applicable Purchase Price set forth <br />in Exhibit E on such dale. Lessee shall have the right to prepay principal components of Lease Rental <br />Payments in part on any date set forth in Exhibit E by giving Lessor written notice at least 30 days prior to <br />such date and by paying a portion of the then applicable Purchase Price set forth in amount at least equal to <br />20% of the initial Purchase Price set forth in the Exhibit E. All prepayments in part shall be applied to <br />reduce the Purchase Price to reflect the amount of the payment. Lessor shall then prepare a revised <br />schedule of Rental Payments, based upon amortization of the adjusted Purchase Price over the remaining <br />term. <br />ARTICLE VII <br />TITLE TO EQUIPMENT <br />Section 7.01. Title to the Lcluipmem. During the term of this Agreement, title to the Equipment and <br />any and all additions, repairs, replacements or modifications shall vest in Lessee, subject to the rights of <br />Lessor under this Agreement. In the event of default as set forth in Section 13.02 or nonappropnaiion as set <br />forth in Section 6.07, Lessee agrees to surrender possession of the Equipment to Lessor. lessee and Lessor <br />intend for federal income tax purposes under the Internal Revenue Code of 1986, as amended, that this <br />Agreement constitutes a financing lease or an installment sale contract rather than a true lease. <br />Section 7.02. Notice riling. Lessee agrees to execute a notice filing financing statement and such <br />additional documents in form satisfactory to Lessor to protect lessor's interest in the Equipment from <br />claims of other creditors of Lessee during the term of this Agreement. <br />ARTICLE VIII <br />MAINTENANCE; MODIFICATION; TAXES; INSURANCE AND OTHER CHARGES <br />Section 8.01. Maintenance of Equipment by Lessee. Lessee agrees iliac at all times doming the Lease. <br />Term Lessee will, at Lessee's own cost and expense, maintain, preserve and keep the Equipment in good <br />repair, working order and condition, and that Lessee will from time to time make or cause to be made all <br />necessary and proper repairs, replacements and renewals. Lessor shall have no responsibility in any of <br />these matters, or for the making of impruvements or additions to the Equipment. <br />Section 8.02, Taxes. O her CGovernmental Charges and UtRity Charges. The panics to this Agreement. <br />contemplate that the Equipment will be used for a governmental or proprietary purposes of Lessee and, <br />therefore, that the equipment will be exempt from all taxes presently assessed and levied with respect to <br />personal property. In the event that the use, possession or acquisition of the Equipment is found to be <br />subject to taxation in any form (except for income taxes of Lessor), Lessee will pay during the Lease Term.. <br />as the same respectively come due, all taxes and governmental charges of any kind whatsoever that may at <br />
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