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Agreement and the Property Schedule, and Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the Property Schedule and the acquisition by Lessee of the Property thereunder On or before the Commencement Date for the Property Schedule Lessee shall cause to be delivered an opinion of counsel in substantially the form attached to the form of the Property Schedule as Exhibit 2 (d) During the Lease Term for the Property Schedule the Property thereunder will perform and will be used by Lessee only for the purpose of performing essential governmental uses and public functions within the permissible scope of Lessee's authority (e) Lessee will provide Lessor with current financial statements budgets and proof of appropriation for the ensuing budget year and other financial information relating to the ability of Lessee to continue this Agreement and the Property Schedule in such form and containing such information as may be requested by Lessor (f) Lessee will comply with all applicable provisions of the Internal Revenue Code of 1986 as amended(the"Code") including Sections 103 and 148 thereof and the regulations of the Treasury Department thereunder from time to time proposed or in effect in order to maintain the excludability from gross income for federal income tax purposes of the interest component of Lease Payments under the Property Schedule and will not use or permit the use of the Property in such a manner as to cause a Property Schedule to be a"private activity bond' under Section 141(a)of the Code Lessee covenants and agrees that it will use the proceeds of the Property Schedule as soon as practicable and with all reasonable dispatch for the purpose for which the Property Schedule has been entered into and that no part of the proceeds of the Property Schedule shall be invested in any secunties obligations or other investments except for the temporary period pending such use nor used at any time directly or indirectly in a manner which if such use had been reasonably anticipated on the date of issuance of the Agreement would have caused any portion of the Property Schedule to be or become"arbitrage bonds"within the meaning of Section 103(b)(2)or Section 148 of the Code and the regulations of the Treasury Department thereunder proposed or in effect at the time of such use and applicable to obligations issued on the date of issuance of the Property Schedule (g) The execution delivery and performance of this Agreement and the Property Schedule and compliance with the provisions hereof and thereof by Lessee does not conflict with or result in a violation or breach or constitute a default under any resolution bond agreement indenture mortgage note lease or other instrument to which Lessee is a party or by which it is bound by any law or any rule regulation order or decree of any court governmental agency or body having jurisdiction over Lessee or any of its activities or properties resulting in the creation or imposition of any hen charge or other security interest or encumbrance of any nature whatsoever upon any property or assets of Lessee or to which it is subject (h) Lessee's exact legal name is as set forth on the first page of this Agreement Lessee will not change its legal name in any respect without giving thirty(30) days prior notice to Lessor ARTICLE IV 4 01 Lease of Property On the Commencement Date of each Property Schedule executed hereunder Lessor will be deemed to demise lease and let to Lessee and Lessee will be deemed to rent lease and hire from Lessor,the Property described in such Property Schedule in accordance with this Agreement and such Property Schedule for the Lease Term set forth in such Property Schedule 4 02 Lease Term The term of each Property Schedule shall commence on the Commencement Date set forth therein and shall terminate upon payment of the final Lease Payment set forth in such Property Schedule and the exercise of the Purchase Option described in Section 11 01 unless terminated sooner pursuant to this Agreement or the Property Schedule 403 Delivery, Installation and Acceptance of Property Lessee shall order the Property shall cause the Property to be delivered and installed at the locations specified in the applicable Property Schedule and shall pay all taxes,delivery costs and installation costs if any in connection therewith To the extent funds are deposited under an escrow agreement or trust agreement for the acquisition of the Property such funds shall be disbursed as provided therein When the Property described in such Property Schedule is delivered installed and accepted as to Lessee's specifications,Lessee shall immediately accept the Property and evidence said acceptance by executing and delivering to Lessor the Acceptance Certificate substantially in the form attached to the Property Schedule ARTICLE V 5 01 Enioyment of Property Lessee shall dunng the Lease Term peaceably and quietly have hold and enjoy the Property,without suit trouble or hindrance from Lessor except as expressly set forth in this Agreement Lessor shall not interfere with such quiet use and enjoyment during the Lease Term so long as Lessee is not in default under the subject Property Schedule 5 02 Location,Inspection The Property will be initially located or based at the location specified in the applicable Property Schedule Lessor shall have the right at all reasonable times during business hours to enter into and upon the property of Lessee for the purpose of inspecting the Property ARTICLE VI 6 01 Lease Payments to Constitute a Current Expense of Lessee Lessor and Lessee understand and intend that the obligation of Lessee to pay Lease Payments hereunder shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional statutory or charter limitation or requirement concerning the creation of indebtedness by Lessee nor shall anything contained herein constitute a pledge of the faith and credit or taxing power of Lessee Upon the appropriation of Lease Payments for a fiscal year the Lease Payments for said fiscal year,and only the Lease Payments for said current fiscal year shall be a binding obligation of Lessee provided that such obligation shall not include a pledge of the taxing power of Lessee 6 02 Payment of Lease Payments Lessee shall promptly pay Lease Payments under each Property Schedule exclusively from legally available funds in lawful money of the United States of Amenca to Lessor in such amounts and on such dates as descnbed in the applicable Property Schedule at Lessor's address set forth on the first page of this Agreement unless Lessor instructs Lessee otherwise Lessee shall pay Lessor a charge on any delinquent Lease Payments under a Property Schedule in an amount sufficient to cover all additional costs and expenses incurred by Lessor from such delinquent Lease Payment In addition Lessee shall pay a late charge of five cents per dollar or the highest amount permitted by applicable law whichever is lower on all delinquent Lease Payments and interest on said delinquent amounts from the date such amounts were due until paid at the rate of 12%per annum or the maximum amount permitted by law whichever is less 6 03 Interest Component. A portion of each Lease Payment due under each Property Schedule is paid as,and represents payment of interest and each Property Schedule hereunder shall set forth the interest component(or method of computation thereof)of each Lease Payment thereunder during the Lease Term 6 04 Lease Payments to be Unconditional SUBJECT TO SECTION 6 06 THE OBLIGATIONS OF LESSEE TO PAY THE LEASE PAYMENTS DUE UNDER THE PROPERTY SCHEDULES AND TO PERFORM AND OBSERVE THE OTHER COVENANTS AND AGREEMENTS CONTAINED HEREIN SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT DIMINUTION DEDUCTION, SET-OFF OR DEFENSE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION ANY DEFECTS, MALFUNCTIONS BREAKDOWNS OR INFIRMITIES IN THE PROPERTY OR ANY ACCIDENT CONDEMNATION OR UNFORESEEN CIRCUMSTANCES THIS PROVISION SHALL NOT LIMIT LESSEE'S RIGHTS OR ACTIONS AGAINST ANY VENDOR AS PROVIDED IN SECTION 10 02 6 05 Continuation of Lease by Lessee Lessee intends to continue all Property Schedules entered into pursuant to this Agreement and to pay the Lease Payments thereunder Lessee reasonably believes that legally available funds in an amount sufficient to make all Lease Payments during the term of all Property Schedules can be obtained Lessee agrees that its staff will provide during the budgeting process for each budget year to the governing body of Lessee notification of any Lease Payments due under the Property Schedules during the following budget year Notwithstanding this covenant if Lessee fails to appropriate the Lease Payments for a Property Schedule pursuant to Section 6 06 such Property Schedule shall terminate at the end of the then current Original Term or Renewal Term Although Lessee has made this covenant,in the event that it fails to provide such notice no remedy is provided and Lessee shall not be liable for any damages for its failure to so comply 6 06 Nonappropriation If during the then current Original Term or Renewal Term sufficient funds are not appropriated to make Lease Payments required under a Property Schedule for the following fiscal year Lessee shall be deemed to not have renewed such Property Schedule for the following fiscal year and the Property Schedule shall terminate at the end of the then current Original Term or Renewal Term and Lessee shall not be obligated to make Lease Payments under said Property Schedule beyond the then current fiscal year for which funds have been appropriated Upon the occurrence of such nonappropnation(a Nonappropriation Event)Lessee shall no later than the end of the fiscal year for which Lease Payments have been appropriated deliver possession of the Property under said Property Schedule to Lessor If Lessee fails to deliver possession of the Property to Lessor upon termination of said Property Schedule by reason of a Nonappropriation Event the termination shall nevertheless be effective but