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funds have not been expended for other purposes, and that all funds appropriated for such Lease will be used for no other purpose than
<br />to pay Lease Payments and other amounts due thereunder. With regards to appropriation for Lease Payments after the Initial Fiscal
<br />Period, parties hereto acknowledge that such appropriation is a governmental function which Lessee cannot contractually commit itself
<br />in advance to perform, and this Agreement does not constitute such a commitment.
<br />5.2 If Lessee fails to renew the Lease Term of a Lease as provided in Subsection 2.1 above, then a "Non -Renewal Event"
<br />shall be deemed to have occurred. If sufficient funds are not appropriated, budgeted, or otherwise available by any means whatsoever
<br />in any Fiscal Year subsequent to the Initial Fiscal Period for Lease Payments due under a Lease, then a "Non -Appropriation Event"
<br />shall be deemed to have occurred. If a Non -Appropriation Event occurs or if a Non -Renewal Event occurs, then all affected Leases,
<br />and Lessee's interest in all Equipment subject to the affected Leases, shall terminate, in whole, but not in part, on the last day of the
<br />Lease Term for a Non -Renewal Event or the last day of the Fiscal Year for which appropriations were received for a Non -Appropriation
<br />Event, as the case may be (the "Return Date"). Lessee may effect such termination by providing a written notice of termination to
<br />Lessor or the affected assignee, and by paying any Lease Payments and other amounts which are due and payable hereunder and which
<br />have not been paid at or before the end of the Fiscal Year. Lessee shall endeavor to give notice of such termination not less than sixty
<br />(60) days prior to the end of the Fiscal Year for which appropriations were made, and shall notify Lessor or the affected assignee of any
<br />anticipated termination. Failure to provide said written notice of termination shall not constitute an Event of Default hereunder. Unless
<br />Lessor makes other arrangements with Lessee in writing pursuant to Subsection 5.3 hereof, within ten (10) days of the Return Date,
<br />Lessee shall return to Lessor all, but not less than all, of the Equipment covered by the affected Lease, at Lessee's sole expense, in
<br />accordance with Subsection 5.3 hereof and the affected Lease shall terminate on the Return Date without penalty to Lessee.
<br />5.3 In the event of a termination of a Lease following a Non -Appropriation Event or a Non -Renewal Event, or any other
<br />termination of a Lease prior to the payment of all Lease Payments or the applicable Concluding Payment, on the Return Date (a) Lessor
<br />may enter upon Lessee's premises where the Equipment is kept and disable the Equipment to prevent its further use by Lessee and (b)
<br />Lessee shall promptly, but in any event within ten (10) days after such termination, at its own cost and expense: (i) perform any testing
<br />and repairs required to place the Equipment in the condition required by Section 11 hereof; (ii) if deinstallation, disassembly or crating
<br />is required, cause such tasks to be performed by an authorized Manufacturer's representative or such other service person as is
<br />satisfactory to Lessor; and (iii) peaceably surrender possession of all of the Equipment and execute all documents required to transfer
<br />Lessee's interest in all of the Equipment to Lessor or its assignee without any Liens (other than Liens in favor of Lessor) on the date of
<br />such termination, packed for shipment in accordance with Manufacturer specifications and freight prepaid and insured to any location
<br />in the continental United States designated by Lessor at the expense of Lessee. If Lessee fails to deliver all of the Equipment in the
<br />manner designated by this Subsection 5.3, then Lessor will have all legal and equitable rights and remedies to take possession of the
<br />Equipment, and charge to Lessee the costs of such repossession. With regard to a termination following a Non -Appropriation Event or
<br />a Non -Renewal Event, if Lessee has not complied with such instructions, the termination shall nevertheless be effective, but Lessee
<br />shall be responsible for the Lease Payments and other amounts payable under the affected Lease for which funds have been appropriated
<br />that would thereafter come due if the Lease had not been terminated and which are attributable to the number of days after which Lessee
<br />fails to comply with Lessor's or the related assign's instructions and for any other loss suffered by Lessor or the related assignee as a
<br />result of Lessee's failure to act as required; accordingly, Lessee agrees that the failure to promptly return the Equipment after a Non -
<br />Renewal Event or after Non -Appropriation as provided for in Section 5 hereof would be inequitable to Lessor, and as a result, Lessee
<br />agrees to pay month -to -month rent at the rate set forth in the affected Lease for each month or part thereof that Lessee fails to return the
<br />Equipment under Subsections 5.2 and 5.3, provided that any and all such amounts are subject to appropriation by Lessee. To the extent
<br />that there is a Non -Renewal Event and/or a Non -Appropriation and all Equipment under the affected Lease is not returned by Lessee to
<br />Lessor by the Return Date, then this Section 5.3 shall survive termination of a Lease as this Subsection is applicable to such Lease.
<br />Section 6. LIMITATION ON WARRANTIES. Lessee acknowledges 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 is not responsible for the selection,
<br />ordering or suitability of the Equipment, the acceptance of the order submitted, or any delay or failure to manufacture, deliver, or install
<br />the Equipment by the Manufacturer, including its sales representative, that Lessee is solely responsible for the selection, use,
<br />maintenance, operation and storage of the Equipment, and that LESSEE SELECTED THE EQUIPMENT WITHOUT ASSISTANCE
<br />OF LESSOR, ITS AGENTS OR EMPLOYEES, AND LESSOR HAS NOT MADE, AND DOES NOT HEREBY MAKE, ANY
<br />REPRESENTATION, WARRANTY OR COVENANT, EXPRESS OR IMPLIED WITH RESPECT TO THE MERCHANTABILITY,
<br />CONDITION, QUALITY, DURABILITY, VALUE, DESIGN, OPERATION, FITNESS FOR USE, OR SUITABILITY OF THE
<br />EQUIPMENT IN ANY RESPECT WHATSOEVER OR IN CONNECTION WITH OR FOR THE PURPOSES AND USES OF
<br />LESSEE, OR ANY OTHER REPRESENTATION, WARRANTY, OR COVENANT OF ANY KIND OR CHARACTER, EXPRESS
<br />OR IMPLIED, WITH RESPECT THERETO AND LESSOR SHALL NOT BE OBLIGATED OR LIABLE FOR ACTUAL,
<br />INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES TO LESSEE OR ANY OTHER PERSON OR
<br />ENTITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE
<br />EQUIPMENT AND THE MAINTENANCE THEREOF. During the Lease Term, so long as no Event of Default has occurred hereunder
<br />and is continuing, Lessor has no obligation to enforce, and hereby assigns to Lessee, and irrevocably appoints Lessee its agent and
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