Res 1995-083 - Laserfiche WebLink

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- ~ , , ( . 131F ' . to purchase the Equipment to become a "private activity bond" within the meaning of the Code and regulations and will comply with all requirements of the Code and regulations necessary to insure that the Lease does not become an "arbitrage bond" meaning the meaning of the Code and regulatio~ promulgated thereunder. (d) Lessee certifies that the funds will be expended for acquisition of the Equipment purchase hereunder. Further, all funds.will be expended at delivery but in no event more than two years from the date hereof. (e) Lessee is not entering into any transactions which would enable the issuer to exploit the difference between tax-exempt and taxable interest rates. (1) No sinking fund is being established pursuant to this Lease. Lessee is not entering into this Agreement for the purpose of retiring any earlier obligations. 27. SECTION HEADINGS. All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Lease. 28. DELIVERY OF RELATED DOCUMENTS. Lessee will execute or provide, as requested by Lessor (a) , financial information and (b) such other documents and information as are reasonably necessary with respect to the transaction contemplated by this Lease. 29. ENTIRE AGREEMENT; WAIVER. This Lease together with the exhibits attached hereto and made apart hereof and other attachments hereto, and other documents or instruments executed by Lessee and Lessor in connection herewith, constitute the entire agreement between the parties with respect to the lease of the Equipment, and this Lease shall not be modified, amended, altered, or changed except with the written consent of Lessee and Lessor. Any provision of this Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this Lease. The waiver by Léssor of any breach by Lessee of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach hereof. 30. DESIGNATION. In compliance with Section l49(a) of the Code, Lessee hereby designates Lessor to be its agent for the purposes of maintaining a book entry system identifying the ownership or interest in and to this Lease and Lessor hereby accepts its duties as agent hereunder. 31. ADDITIONAL PROVISIONS. Any amendments to the standard language of this Lease will be set forth in riders attached hereto and made a part hereof. LESSOR: LESSEE: Municipal Leasing Division City of San Marcos BANC ONE LEASING CORPORATION By: ¿~ By: 0/-- /' j,6i Title: ~ Title: Larry P. Gilley? Ci ty Manager Date: ~gqb Date: April 28, 1995 _CERTIFIED COpy