1999-075 - Laserfiche WebLink

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0 0 f NON -APPROPRIATION OF FUNDS ADDENDUM This Addendum will.become part of that certain Lease Agreement # dated RRR as of �ifarch 3rd 1999 ("Lease") between Commercial E ui ment Leas in ("Lessee .All ("Lessor") and Indian River County- dum which are not defined herein shall have the capitalized terns used in this Adden meanings given to such terns in the Lease. You hereby represent arid warrant to Us that as of the dale of the Lease, and throughout the Lease Term: (a) the individual who executed ilia Lease had at the time of execution of the Lease full power and authority to execute the Lease; and that all required procedures necessary to make the Lease a legal and binding obligation of lice Lessee have been followed; (b) the Equipment is essential to the immediate performance of a governmental or proprietary function by You within the scope of Your authority and shall be used during the Lease Term only by You and only to perform such function; (c) that all payments due and payable or the current fiscal year are within the current budget and are within an available, unexhausted and unencumbered appropriation. In tile event You are not granted funds in future fiscal years for the Equipment subject to the Lease or for equipment which is functionally similar to the Equipment and operating funds are not otherwise available to You to pay the Rent and other payments due under the Lease, and there is no other legal procedure or available funds by or with which payments can be made to Us, and the appropriation did not result from an act or omission by You, You shall have the right to return the Equipment in accordance with the section in the Lease titled, Location, Inspection and Return of Equipment and terminate the Lease on the last day of the fiscal period for which appropriations were received. At least thirty (30) days prior to the end of Your fiscal year, Your legal counsel shall certify in writing that (a) funds have not been appropriated for the fiscal period; (b) such non -appropriation did not result from any act or failure to act by You; and (c) You have exhausted all funds legally available for payment of Rent. If You terminate Ilia Lease because of non -appropriation of funds, You may not purchase, lease or rent, during such fiscal period, equipment performing functions similar to those performed by the Equipment for a period of twelve (12) months LESSOR: By: Pnnted Nana Tiller . LESSEE: In_( anIRiver Count fay: KENNETH R eeAnrtT Printed Name Title.-- Date:_ 3 --