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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2010
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120710
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12/1/2010 4:51:21 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
12/7/2010
DESTRUCT DATE
15Y
DOCUMENT NO
12
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(viii) A copy of a fully completed and executed Form 8038 -G; <br /> (ix) If any Equipment units are motor vehicles, properly completed certificates <br /> of title for such vehicles; and <br /> (x) Such other items, if any, as are set forth in such Lease or are reasonably <br /> required by Lessor. <br /> (b) In addition, the performance by Lessor of any of its obligations pursuant to any <br /> Lease shall be subject to: (i) no material adverse change in the financial condition of Lessee <br /> since the date of this Lease, (ii) no Event of Default having occurred, and (iii) if no Acquisition <br /> Fund has been established, the Equipment must be accepted by Lessee no later than the date <br /> listed as the Utilization Period Expiration in the applicable Schedule. <br /> (c) Subject to satisfaction of the foregoing, Lessor will pay the Acquisition Amount <br /> for Equipment described in a Schedule to the Vendor or, if authorized by Lessee's governing <br /> body, will reimburse Lessee for the prior payment of any such Acquisition Amounts by Lessee to <br /> the Vendor, upon receipt of the documents described in Sections 5.01(a) and (b); or if an <br /> Acquisition Fund has been established pursuant to an Acquisition Fund Agreement, Lessor will <br /> deposit the Acquisition Amount for Equipment described in the Schedule with the Acquisition <br /> Fund Custodian. <br /> (d) This Agreement is not a commitment by Lessor to enter into any Lease not <br /> currently in existence, and nothing in this Agreement shall be construed to impose any obligation <br /> upon Lessor to enter into any proposed Lease, it being understood that whether Lessor enters into <br /> any proposed Lease shall be a decision solely within Lessor's discretion. <br /> (e) Lessee will cooperate with Lessor in Lessor's review of any proposed Lease. <br /> Without limiting the foregoing, Lessee will provide Lessor with any documentation or <br /> information Lessor may request in connection with Lessor's review of any proposed Lease. <br /> Such documentation may include, without limitation, documentation concerning the Equipment <br /> and its contemplated use and location and documentation or information concerning the financial <br /> status of Lessee and other matters related to Lessee. <br /> ARTICLE IV <br /> Section 4.01. Rental Payments. Subject to Section 3.03, Lessee shall promptly pay <br /> Rental Payments, in lawful money of the United States of America, to Lessor on the dates and in <br /> such amounts as provided in each Lease. Lessee shall pay Lessor a charge on any Rental <br /> Payment not paid on the date such payment is due at a rate equal to the Contract Rate plus 5% <br /> per annum or the maximum amount permitted by law, whichever is less, from such date. Lessee <br /> shall not permit the federal government to guarantee any Rental Payments under any Lease. <br /> Rental Payments consist of principal and interest payments as more fully detailed on each <br /> Schedule, the interest on which begins to accrue as of the Commencement Date for each such <br /> Schedule. <br /> Section 4.02. Interest and Principal Components. A portion of each Rental Payment is <br /> paid as, and represents payment of, interest, and the Balance of each Rental Payment is paid as, <br /> #765386vIA (BAPCC /Gov't Entity Master Lease) 7 (DISTRIBUTION COPY) <br />
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