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• (c) There are no pending or threatened lawsuits or administrative or other proceedings contesting the authority lot, authorization or performance of, or the expenditure of funds pursuant to this Agreement. (d) Information supplied and statements made by Lessee in any financial statement or current budget prior to or contemporaneously with this Agreement are true and correct. (e) Lessee has an Immediate need for, and expects to make immediate use of, substantially all the Property, which need is not temporary or expected to dimin- ish In the foreseeable future, and Lessee will not give priority or parity in the appro- priation of funds to the acquisition or use of any substitute property for purposes or functions similar to the Property's or for the procurement of services from a third party which services are substitute for the utilization of the Property by the Lessee. (f) There are no circumstances presently affecting the Lessee that could reasonably be expected to alter Its foreseeable need for the property or adversely affect its ability or willingness to budget funds for the payment of sums due hereunder. (g) Lessee's right to terminate this Agreement as specified in Paragraph 11 hereof was not an Independently bargained for consideration, but was concluded solely for the purpose of complying with the requirements of the laws of the State in which Lessee is located. (h) Lessee has on hand and legally available. funds from sources other than ad valorem taxes sufficient to make all payments due under this Agreement during the current fiscal year of Lessee. (1) The Lessee has reviewed its projected revenues and its expenses and rea- sonably expects that it shall have on hand and legally available, funds from sources other than ad valorem taxes sufficient so to timely make all payments as they become due under this Agreement during the Term hereof. Q) Lessee shall make appropriations for payments for each fiscal period or periods only from sources of funds which are legally available to make payments under this Agreement, and from sources of funds other than ad valorem taxes. (k) All required public bidding procedures regarding the award of this Agreement and the selection and acquisition of the Property have been complied With by Lessee. 4. USE and LICENSES. Lessee shall pay and discharge all operating expenses and shall cause the Property to be operated by competent persons. Only Lessee shall use the Properly only for its proper purposes and will not install, use, operate or maintain the Properly improperly, carelessly, or in violation of any applicable law, ordinance, rule or regulation of governmental authority or in violation of any policy of insurance required pursuant to Paragraph 8 hereof. or in a manner contrary to the nature of the Property or the use contemplated by its manufacturer. Lessee shall keep the Property at the location stated on the cenificale of Acceptance executed by Lessee upon delivery of the Property, unlit Lessor in writing permits its removal, and the Property shall be used solely in the conduct of the Lessee's operations. Lessee shall obtain. of its expense. all registrations, permits and licenses, it any, required by law for the installation and operation of the Property. License plates used on the Property shall be issued to and in the name of the Lessee. If a certification of title is issuable with respect to the Properly, it shall be delivered to the Lessee showing title to be in the Lessee. 5. MAINTENANCE. Lessor shall not be obligated to make any repairs or replace- ments to the Property. At its own expense, Lessee shall service. repair and maintain the Properly in as good condition. repair, appearance and working order as when delivered to Lessee hereunder, ordinary wear and tear from proper use alone except- ed, and shall replace any and all pans thereof which may from time to time become wom out, lost, stolen, destroyed or damaged beyond repair or rendered unfit for intended use. for any reason whatsoever, all of which replacements shall be free and clear of all liens. encumbrances and claims of others, and shall become part of this Properly and subject to this Agreement. Lessor may, at its option, discharge such costs. expenses and insurance premiums necessary for the repair. maintenance. and preservation of the Properly and all sums so expended shall be due from Lessee in addition to rental payments hereunder. 6. ALTERATIONS. (a) Lessee may, at its own expense, install or place in or on, or attach or affix to. the Properly, such equipment or accessories as may be necessary or convenient to use the Properly for its intended purposes provided that such equipmeni or acces- sones do not impair the value or ulilrty of the Property. In that event all such equip- i ment or accessories shall become the property of Lessor together With the Property. (b) Without the written consent of Lessor. Lessen shall not make any other alterations, modifications or Improvements to the Progeny except as required or per- mitted hereunder. Any other alterations. modifications or Improvements to the Properly shall immediately become pan of the Property, subject to the provisions hereof. Without the prior written consent of Lessor. Lessee shall not affix or attach any of the Properly to any real property. The Property shall remain personal properly regardless of whether It becomes affixed or attached to real prop - any or permanently rests upon any real properly or any Improvement thereon. 7. DAMAGE TO OR DESTRUCTION OF PROPERTY. Lessee shall bear the entire nsk of loss, damage, theft, or destruction of the Property from any and every cause whatsoever and no loss, damage. thell, or destruction of the Property shall release Lessee from the obligation to pay the full amount of the rental payments or from any other obligation under this Agreement. (a) In the event that all or any pan of the Property Is lost. stolen, destroyed or damaged beyond repair, Lessee shall replace the same with like Properly in good repair of like value at Lessee's sole cost and expense as soon thereafter as possible. but In n0 event later than 60 days after such occurrence. and any such replacement shall become subject to this agreement. Insurance proceeds received by Lessor with respect to any such casualty shall be paid to Lessee if such Property Is replaced by Lessee as required hereunder. 8, INSURANCE. Lessee shall, lot the term of this Agreement. at its own expense, maintain comprehensive liability insurance with respect to the Property insuring against such risks and in such amounts as are reasonably required by Lessor from time to time. In addition. Lessee shall, for the term of this Agreement. at its own expense maintain casualty insurance with respect to the Properly, insuring against customary risks with coverage at all times not less than the remaining Principal Balance determined as of the end of Lessee's preceding fiscal year. All insurance policies shall be with insurers authorized to do business in the state where the Properly is located and shall name both Lessor and Lessee as insured as their respective interests may appear. Insurance proceeds from casualty losses shall be payable to the Lessee and, at the option of the Lessee, shall be applied to either (a) the replacement, repair or restoration of the Property or, (b) payment of Balance Due Lessor las defined hereafter). Lessee shall. upon request. deliver to Lessor evidence of the required coverages together with premium receipts. In the event Lessee lairs. for any reason, to comply with the requirement of this Paragraph. Lessee shall indemnity and save harmless. and. at Lessee's sole expense. defend Lessor and its agents, employees, officers and directors and the Properly against all risk of loss not covered by insurance. 9. INDEMNIFICATION. Lessee shall indemnify and save harmless Lessor and its agents. employees. officers and directors from and. at Lessee's expenses. defend Lessor and its agents, employees. officers and directors against all liability. obliga. tions. losses. damages, penalties. claims. actions, costs and expenses (including but not limited to reasonable attorneys' fees) of whatsoever kind or nature which in any way relate to or arise out of this Agreement or the ownership, rental. possession. operation, condition, sale or return of the Properly. All amounts which become due from Lessee under this Paragraph 9 shall be credited with any amounts received by the Lessor from Insurance provided by the Lessee and shall be payable by the Lessee within thirty (30) days following demand therefore by Lessor and Lessee's obligations under this Paragraph 9 shall survive the termination or expiration of this agreement. 10. NO REPRESENTATION OR WARRANTIES BY LESSOR. Lessee requests Lessor to purchase the Equipment from a seller (the'Seller-) and arrange for deliv- ery ellsery to Lessee at Lessee's expense, which shall be deemed complete upon Lessee's acceptance. Lessor shall have no responsibility for delay or failure of Seller to deliver the Equipment. THE LESSEE ACKNOWLEDGES THAT LESSEE HAS SELECTED THE EQUIPMENT LEASED HEREUNDER PRIOR TO HAVING REQUESTED THE LESSOR TO PURCHASE THE SAME FOR LEASING TO THE LESSEE, AND LESSEE AGREES THAT THE LESSOR HAS MADE AND MAKES NO REPRE- SENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING THE SUITABILITY OF SUCH EQUIPMENT, ITS DURABILITY. ITS FIT- NESS FOR ANY PARTICULAR PURPOSE, ITS MERCHANTABILITY, ITS CONDI- TION, CAPACITY AND/OR rTS QUALITY, AND AS BETWEEN LESSEE AND LESSOR AND LESSOR'S ASSIGNEES, LESSEE LEASES THE EQUIPMENT "AS IS" AND "WITH ALL FAULTS". LESSOR AND LESSOR'S ASSIGNEE SHALL :decnbed Lessee hereby acknowledges receipt of the equipment easexwith Lessor (the "Equipment') and accepts the Equipmctionthereof as satisfactory for all purposes of the lease. T VE SIGNATORY AFFIRMS T AT HE/SHE IS A DULY AUTI/ORIZED OFFICIOF THE GOVERNMENTAL LESSEE ABOVE SIGNATURE)S -- TITLE (TYPE NAME) Ch arm n enneth R. Macht TITLE WITNESS / - _ SIGNAIURE X y » /- 4 '`JJI�J1(.L ,j7 DELIVERY $ ACCEPTANCE DATE: «.•aa.. PRINT NAME4 jlTl OFWITNESS1Lj ID. er_1_y_.. E_—Massung.,...Execl.lti.ve_ Aide