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Res 1992-033
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Res 1992-033
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7/11/2007 1:11:58 PM
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7/11/2007 1:11:58 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1992-33
Date
3/23/1992
Volume Book
106
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<br />during which Lessee fails to take such actions and for any other loss suffered by Lessor as a result of Lessee/s failure to take <br />such actions as required. <br />Section 4.4. Tenination of Lease Ten. The Term of this Lease will terminate upon the occurrence of the first of the <br />following events: <br />(a) Lessee/s discontinuance of this Lease in accordance with section 4.1 upon the expiration of the Original Term or <br />any Additional Termi <br />(b) the exercise by Lessee of its option to purchase Lessor1s.interest in the Equipment pursuant to Article Xi <br />(c) a default by Lessee and Lessor's election to terminate this Lease pursuant to Article KIIi or <br />(d) the paY1D.ent by Lessee of all Rental PaY1D.ents and other a1D.ounts authorized or required to be paid by Lessee <br />hereunder. <br /> <br />ARTICLE V <br />REH'l'AL PAYHEBTS <br />Section 5.1. Rental Pa~ts. Lessee agrees to pay Rental Payments during the Term of this Lease, in the amounts and <br />the dates specified in Exhibit B. All Rental Payments shall be paid to Lessor at its offices at the address specified in <br />~e first paragraph of this Lease, or to such other person or entity to which Lessor has assigned such Rental Payments as <br />specified in Article KI, at such place as such assignee may from time to time designate by written notice to Lessee. Lessee <br />shall pay the Rental Payments exclusively from moneys legally available therefor, in lawful money of the United states of America <br />to Lessor or, in the event of assignment of the right to receive Rental Payments by Lessor, to its assignee. Interest shall <br />accrue from the first day of the calendar month in which the Certificate of Acceptance is executed. <br />Section 5.2. CUrrent Expense. The obligations of Lessee under this Lease, including its obligation to pay the Rental <br />Payments due with respect to the Equipment, in any Fiscal Year for which this Lease is in effect, shall constitute a current <br />expense of Lessee for such Fiscal Year and shall not constitute an indebtedness of Lessee within the meaning of the Constitution <br />and laws of the State. Nothing herein shall constitute a pledge by Lessee of any taxes or other moneys, other than moneys <br />lawfully appropriated from time to time by Lessee in its annual budget and the proceeds or Net Proceeds of the Equipment, to <br />the payment of any Rental Payment or other amount coming due hereunder, <br />Section 5.3. Interest Colponent. A portion of each Rental Payment is paid as and represents the payment of Interest. <br />Exhibit B sets forth the Interest component of each Rental Payment, <br />Section 5.4 Rental PaYBffilts to be Unconditional. Except as provided in Section 4,1, the obligation of Lessee to make <br />Rental Payments or any other payments required hereunder shall be absolute and unconditional in all events. Notwithstanding <br />any dispute between Lessee and Lessor or any other person, Lessee shall make all Rental Payments and other payments required <br />hereunder when due and shall not withhold any Rental Payment or other paYflent pending final resolution of such dispute nor shall <br />Lessee assert any right of set-off or counterclaim against its Obligation to make such Rental Payments or other payments required <br />under this Lease. Lessee's obligation to make Rental Payments or other payments during the Original Term and all Additional <br />Terms for which this Lease remains in effect shall not be abated through accident or unforeseen circulIStances. However, nothing <br />herein shall be construed to release Lessor from the performance of it obligations hereunderi and if Lessor should fail to <br />perform any such obligation, Lessee may institute such legal action against Lessor as Lessee may deem necessary to compel the <br />rformance of such obligation or to recover damages therefor. <br />ARTICLE VI <br />IBSURABCE ill lfEGLIGEKCE <br />Section 6.1. Liability Insurance. Upon receipt of possession of the Equipment, Lessee shall take such measures as may <br />be necessary to ensure that any liability for injuries to or death of any person or damage to or loss of property arising out <br />of or in any way relating to the condition of the operation of the Equipment or any part thereof, is covered by a blanket or <br />other general liability insurance policy maintained by Lessee, The Net proceeds of all such insurance shall be applied toward <br />extinguishment or satisfaction of the liability with respect to which any Net Proceeds may be paid. <br />Section 6.2. Pro.perty Insurance. Upon receipt of possession of the Equipment, Lessee shall have and assume the risk <br />of loss with respect thereto. Lessee shall procure and maintain continuously in effect during the Term of this Lease, all-risk <br />insurance, subject only to the standard exclusions contained in the policy, in such amount as will be at ieast sufficient so <br />that a claim may be made for the full replacement cost of any part thereof damaged or destroyed and to pay the applicable <br />Purchase Option Price of the Equipment. Such insurance may be provided by a rider to an existing policy or under a separate <br />policy. Such insurance may be written with customary deductible amounts. The Net Proceeds of insurance required by this Section <br />shall be applied to the prompt repair, restoration or replacement of the Equipment or to the purchase of the Equipment, as <br />provided in Section 6.6. Any Net Proceeds not needed for those purposes shall be paid to Lessee. <br />Section 6.3. Workers' COlpensation Insurance. If required by State law, Lessee shall carry worker1s cOlllpensation <br />insurance covering all employees on, in, near or about the Equipllent, and upon request, shall furnish to Lessor certificates <br />evidencing such coverage throughout the Term of this Lease. <br />Section 6.4. RequireJents For All Insurance. All insurance policies (or riders) required by this Article shall be taken <br />out and maintained with responsible insurance companies organized under the laws of one of the states of the United states and <br /> <br />4 <br /> <br />Ii. <br />
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