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Lessor BSFS Equipment Leasing, A Component of General Electric Florida Agreement Addendum <br /> Capital Corporation <br /> Lessee Indian River County Agreement No./Schedule No. <br /> 7297850 <br /> A. AMENDMENTS TO MASTER LEASE/PURCHASE AGREEMENT. Contemporaneously with entering into the <br /> Master Lease/Purchase Agreement referenced above , Lessee and Lessor hereby agree to the following changes to <br /> the Master Lease/Purchase Agreement: <br /> 1 . Section 4. NONAPPROPRIATION : The second sentence of Section 4 of the Agreement is deleted and the <br /> following substituted in lieu thereof: <br /> "A "nonappropriation" is defined as an occurrence in which , notwithstanding Lessee's best efforts and <br /> exhaustion of all available administrative appeals , Lessee is not allotted line item funds for the payment of <br /> Rent hereunder for a Fiscal Period and Lessee has no other funds from non-ad valorem sources legally <br /> available to be allocated to the payment of its obligations under a Lease. Lessor acknowledges that Rent <br /> is payable from sources other than ad valorem taxes . " <br /> 2 . Section 12 . INSURANCE : The last sentence of Section 12 is deleted and the following substituted in lieu <br /> thereof: <br /> " Lessor consents to Lessee self-insuring with respect to the above coverages . However, in the event <br /> Lessee ceases to be self-insured , Lessee will comply with the provisions of this Section . To <br /> the <br /> maximum extent permitted by applicable law, Lessee hereby indemnifies Lessor against, and holds <br /> Lessor harmless from , and covenants to defend Lessor against, any and all losses , claims , liens <br />, <br /> encumbrances , actions , suits , damages , obligations , and liabilities (and all costs and expenses including , <br /> without limitation , reasonable attorneys' fees incurred by Lessor in connection therewith ) arising out of or <br /> in any way related to Lessee's election to self-insure . " <br /> 3 . Section 16. REMEDIES : The text of Section 16(f) is deleted and the following substituted in lieu thereof: <br /> "(f) take possession of any System wherever located , with demand and notice but without any court order <br /> or any process by law (as long as such actions will not be a breach of the peace) . " <br /> B . AMENDMENTS TO EACH EQUIPMENT SCHEDULE. Contemporaneously with entering into the Master <br /> Lease/Purchase Agreement referenced above , Lessee and Lessor hereby agree to the following changes to each <br /> Equipment Schedule to the Master Lease/Purchase Agreement: <br /> 1 . Section 6 of each Schedule . SECURITY INTEREST ; TITLE : The third sentence of Section 6 of each <br /> Schedule entered into pursuant to this Agreement is deleted . <br /> C . NO OTHER AMENDMENTS . Except as expressly modified hereby, all other terms and provision of the Master <br /> Lease/Purchase Agreement referenced above and each Equipment Schedule thereto shall remain in full force and <br /> effect. <br /> BSFS Equipment Leasing, A Component of General Electric Capital Indian River County <br /> Corporation <br /> BY — BY <br /> Authorized Representative Authorized Reonrtathre <br /> PRINT NAME 1 PRINT NAME Caroline D . Ginn <br /> TITLEJ44- DATE W2�,e) C) TITLE Chairman DATE 05 / 04 / 2004 <br /> Page 1 <br />