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4 , DISCLAIMER OF WARRANTIES. Lessee a6mowledges and agrees that the Equipment is of a size, design and capacity
<br /> selected by Lessee, that Lessor is neither a manufacturer nor a vendor of such equipment, that LESSOR LEASES AND LESSEE
<br /> TAKES THE EQUIPMENT AND EACH PART THEREOF " AS - IS " AND THAT LESSOR MAKES NO REPRESENTATION,
<br /> WARRANTY , OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDITION, QUALITY, DURABILITY,
<br /> VALUE, DESIGN , OPERATION, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OF THE
<br /> EQUIPMENT IN ANY RESPECT WHATSOEVER OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS ,
<br /> WHETHER OR NOT DISCOVERABLE, OR AS TO THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT,
<br /> TRADEMARK OR COPYRIGHT, OR AS TO ANY OBLIGATION BASED ON STRICT LIABILITY IN TORT OR ANY
<br /> OTHER REPRESENTATION , WARRANTY, OR COVENANT OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED ,
<br /> WITH RESPECT THERETO . RISKS INCIDENT THERETO ARE TO BE BORNE BY LESSEE AND , IN NO EVENT SHALL
<br /> LESSOR BE OBLIGATED OR LIABLE FOR ACTUAL , INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER
<br /> DAMAGES OF OR TO LESSEE OR ANY OTHER PERSON OR ENTITY ARISING OUT OF OR IN CONNECTION WITH
<br /> THE USE OR PERFORMANCE OF THE EQUIPMENT, THE MAINTENANCE THEREOF OR .OF ANY SERVICES
<br /> PROVIDED HEREIN . Lessee may have rights under the contract evidencing the purchase of the Equipment. Lessee is advised to
<br /> contact the manufacturer of the Equipment for a description of any such rights . Lessor hereby assigns to Lessee during
<br /> the Lease
<br /> Term, so long as no Event of Default has occurred hereunder and is continuing, all warranties, if any, expressed or
<br /> implied with
<br /> respect to the Equipment, running from the manufacturer to Lessor and Lessor authorizes Lessee to obtain the customary services
<br /> furnished in connection with such warranties at Lessee's expense . Lessee's sole remedy for the breach of any such manufacturer's
<br /> warranty shall be against the manufacturer of the Equipment, and not against Lessor or its assigns. Lessee expressly acknowledges
<br /> that Lesser makes , and has made, no representations or warranties whatsoever as to the existence or the
<br /> availability of such
<br /> warranties of the manufacturer of the Equipment.
<br /> 5 . RETURN OF EQUIPMENT. Unless Lessee shall have paid all Lease Payments and other amounts due hereunder or
<br /> exercised its option to purchase as provided in Section 20 hereof, upon the expiration or earlier termination of this Lease pursuant
<br /> to
<br /> the terms hereof, Lessee shall, at its sole expense but at Lessor's option, convey the Equipment by bill of sale (and
<br /> with respect to
<br /> vehicles, also by endorsement of title certificate) to Lessor in the condition required by Section 9 hereof at any
<br /> location in the
<br /> continental United States designated by Lessor.
<br /> 6, NON-APPROPRIATION OF FUNDS. Notwithstanding anything contained in this Lease to the contrary, in the events no
<br /> funds or insufficient funds are appropriated and budgeted in any fiscal period of Lessee for Lease Payments due under this Lease, Lessee
<br /> will immediately notify Lessor or its assignee in writing of such occurrence and this Lease shall terminate on the last day
<br /> of the fiscal
<br /> period of Lessee for which appropriations have been received or made without penalty or expense to Lessee, except as to Lessee ' s other
<br /> obligations and liabilities under this lease relating to, or accruing or arising prior to, such termination. In the event of such
<br /> termination,
<br /> Lessee shall remain obligated to either return the Equipment to Lessor in accordance with Section 5 or, if Lessee refines or
<br />fails to so
<br /> voluntarily return the Equipment, to pay, on demand to Lessor, from legally available funds, the unpaid balance of the lease-purchase
<br /> price thereof which is stipulated to be the applicable concluding payment set forth herein Schedule B.
<br /> 7. REPRESENTATIONS, COVENANTS AND WARRANTIES. Lessee hereby represents , covenants and warrants to Lessor
<br /> as of the date hereof and at all times during the Lease Term that (i) Lessee is a state or a fully constituted political subdivision
<br /> thereof
<br /> within the meaning of Section 103 (a) of the Internal Revenue Code of 1986, as amended (the "Code "), or its obligations
<br /> hereunder
<br /> constitute obligations issued on behalf of a state or a political subdivision thereof, and Lessee shall do or cause to be done all
<br /> things
<br /> necessary to preserve and keep in full force and effect its existence and this Lease; (ii) Lessee has full power and authority under
<br /> the
<br /> constitution and laws of the state in which it is located to enter into this Lease and the transactions contemplated
<br /> hereby, and to
<br /> perform all of its obligations hereunder; (iii) each officer of Lessee executing this Lease has been duly authorized to execute
<br /> and
<br /> deliver this Lease by proper action and approval of its governing body at a meeting duly called, regularly convened and attended by
<br /> a requisite majority of the members thereof, or by other appropriate official approval; ( iv) the execution, delivery and performance of
<br /> this Lease and all documents executed in connection herewith, including, without limitation, Schedules A and B hereto
<br /> and the
<br /> Delivery and Acceptance Certificate referred to in Section 3 hereof (this Lease together with all such documents shall be collectively
<br /> referred to herein as the "Lease Documents " ) have been duly authorized by all persons, governmental bodies and agencies necessary
<br /> to authorize and approve this Lease ; (v) the Lease Documents constitute legal, valid and binding obligations of Lessee, enforceable
<br /> against Lessee in accordance with their respective terms ; (vi) the execution, delivery and performance of this Lease by Lessee shall
<br /> not (a) violate any federal, state or local law or ordinance, or any judgment, order, writ, injunction , decree, rule or regulation
<br /> of any
<br /> court or other governmental agency or body applicable to Lessee ; or (b) conflict with or result in the breach or violation of any
<br /> term
<br /> FLLease
<br /> Rev . July 1 , 2001
<br /> 02/02/05 4 : 14 PM
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