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return to us all of the Units at your sole expense,in accordance with Section Payment when due and such failure continues for ten(10)days after the due
<br /> 14 and this Agreement will terminate on the Return Date without penally or date for such Payment or (b) you fail to perform or observe any other
<br /> expense to you and you will not be obligated to pay the Lease,Payments covenant condition or agreement to be performed or observed by you under
<br /> beyond such fiscal year; provided, that you will pay all Payments for which this Agreement and such failure is not cured within twenty (20) days after
<br /> moneys have been appropriated or are otherwise available, and provided written notice of such failure from us Upon an Event of Default,we will have
<br /> further,that you will pay month to-month rent at the rate set by us for each all rights and remedies available under applicable law In addition,we may
<br /> month or part of any month that you fad to return the Units. declare all Lease Payments due or to become due during the fiscal year in
<br /> which the Event of Default occurs to be immediately due and payable by you
<br /> 8 Tax Warranty You will at all times do and perform all acts and things and/or we may repossess the Units by giving you written notice to deliver the
<br /> necessary and within your control to ensure that the interest component of Units to us in the manner provided in Section 14 or in the event you fail to do
<br /> the Lease Payments will for the purposes of Federal income taxation be so within ten (10) days after receipt of such notice, and subject to all
<br /> excluded from our gross income. You will not permit or cause your applicable laws we may enter upon your premises and take possession of
<br /> obligations under this Agreement to be guaranteed by the Federal the Units Further if we financed your obligations under any extended
<br /> Government or any branch or instrumentality of the Federal Government warranty agreement such as an Equipment Protection Plan Extended
<br /> You will use the Units for the purpose of performing one or more of your Service Contract, Extended Warranty Customer Service Agreement, Total
<br /> governmental functions consistent with the scope of your authority and not in Maintenance and Repair Agreement or similar agreement, we may cancel
<br /> any trade or business carried on by a person other than you. You will report such extended warranty agreement on your behalf and receive the refund of
<br /> this Agreement to the Internal Revenue Service by filing Form 8038G, the extended warranty agreement fees that we financed but had not received
<br /> 8038GC or 8038 as applicable Failure to do so will cause this Agreement from you as of the date of the Event of Default
<br /> to lose its tax exempt status. You agree that if the appropnate form is not
<br /> filed, the interest rate payable under this Agreement will be raised to the 13 Miscellaneous This Agreement may not be modified amended altered or
<br /> equivalent taxable interest rate If the use, possession or acquisition of the changed except by a written agreement signed by you and us. In the event
<br /> Units is determined to be subject to taxation,you will pay when due all taxes any provision of this Agreement is found invalid or unenforceable the
<br /> and governmental charges assessed or levied against or with respect to the remaining provisions will remain in full force and effect This Agreement
<br /> Units. together with exhibits constitutes the entire agreement between you and us
<br /> and supersedes all prior and contemporaneous writings understandings
<br /> 9 Assignment You may not,without our pnor written consent,by operation of agreements, solicitations, documents and representations expressed or
<br /> law or otherwise,assign,transfer pledge hypothecate or otherwise dispose implied Any terms and conditions of any purchase order or other documents
<br /> of your right, title and interest in and to this Agreement and/or the Units submitted by you in connection with this Agreement which are in addition to
<br /> and/or grant or assign a security interest in this Agreement and/or the Units or inconsistent with the terms and conditions of this Agreement will not be
<br /> in whole or in part. We may not transfer, sell, assign pledge hypothecate binding on us and will not apply to this Agreement. You agree that we may
<br /> or otherwise dispose of our right, title and interest in and to this Agreement correct patent errors in this Agreement and fill in blanks including for
<br /> and/or the Units and/or grant or assign d security interest in this Agreement example correcting or filling in serial numbers VIN numbers and dates.Any
<br /> and/or the Units in whole or in part notices required to be given under this Agreement will be given to the parties
<br /> 10 Indemnity To the extent permitted by law,you assume liability for,agree to in writing and by certified mail at the address provided in this Agreement or
<br /> and do indemnify,protect and hold harmless us and our employees,officers, to such other addresses as each party may substitute by notice to the other
<br /> directors and agents from and against any and all liabilities obligations which notice will be effective upon its receipt.
<br /> losses, damages, injuries, claims, demands, penalties, actions, costs and 14 Title, Return of Units Notwithstanding our designation as"Lessor" we do
<br /> expenses (including reasonable attomey's fees), of whatsoever kind and not own the Units.Legal title to the Units will be in you so long as an Event of
<br /> nature, arising out of the use, condition (including, but not limited to, latent Default hes not occurred and you have not exercised your right of
<br /> and other defects and whether or not discoverable by you or us) operation non appropriation If an Event of Default occurs or if you non appropriate,full
<br /> ownership,selection,delivery,storage,leasing or return of any item of Units, and unencumbered title to the Units will pass to us without the necessity of
<br /> regardless of where,how and by whom operated,or any failure on your part further action by the parties,and you will have no further interest in the Units
<br /> to accept the Units or otherwise to perform or comply with any conditions of If we are entitled to obtain possession of any Units or if you are obligated at
<br /> this Agreement any time to return any Units then (a) title to the Units will vest in us
<br /> 11 Insurance, Loss and Damage You bear the entire risk of loss theft immediately and(b)you will at your expense promptly deliver the Unit to us
<br /> destruction or damage to the Units from any cause whatsoever No loss, properly protected and in the condition required by Section 11 You will
<br /> theft, destruction or damage of the Units will relieve you of the obligation to deliver the Unit, at our option, (i) to the nearest Caterpillar dealer selling
<br /> make Lease Payments or to perform any obligation owing under this equipment of the same type as the Unit; or(ii)on board a earner named by
<br /> Agreement You agree to keep the Units insured to protect all of our us and shipping the Unit freight collect to a destination designated by us If
<br /> interests, at your expense for such risks, in such amounts, in such forms the Unit is not in the condition required by Section 11 you must pay us hon
<br /> e
<br /> and with such companies as we may require including but not limited to fire demand, all costs and expenses incurred by us to bring the Unit into the
<br /> and extended coverage insurance explosion and collision coverage and required condition Until the Units are returned as required above,all terms of
<br /> personal liability and property damage liability insurance. Any insurance this Agreement will remain infull force and effect including without limitation,
<br /> policies relating to loss or damage to the Units will name us as loss payee as your obligation to pay Lease Payments and to insure the Units
<br /> our interests may appear and the proceeds may be applied toward the 15 Other Documents In connection with the execution of this Agreement you
<br /> replacement or repair of the Units or the satisfaction of the Payments due will cause to be delivered to us (i) either (A) a certified copy of your
<br /> under this Agreement.You agree to use operate and maintain the Units in authorizing resolution substantially in the form attached as Attachment B and
<br /> accordance with all laws, regulations and ordinances and in accordance with a copy of the minutes of the relevant meeting or (B) an opinion of your
<br /> the provision of any policies of insurance covering the Units,and will not rent counsel substantially in the form attached as Attachment C (ii)a Verification
<br /> the Units or permit the Units to be used by anyone other than you You of Insurance substantially in the form attached to this Agreement,(iii)a copy
<br /> agree to keep the Units in good repair working order and condition and of the signed Form filed with the Internal Revenue Service required in
<br /> house the Units in suitable shelter and to permit us or our assigns to inspect Section 8 above as Attachment 0 and (iv) any other documents or items
<br /> the Units at any time and to otherwise protect our interests in the Units If required by us
<br /> any Unit is customarily covered by a maintenance agreement, you will
<br /> furnish us with a maintenance agreement by a party acceptable to us. 16 Applicable Law This Agreement will be governed by the laws, excluding
<br /> the laws relating to the choice of law of the State in which you are located
<br /> 12 Default,Remedies An"Event of Default' will occur if(a)you fail to pay any
<br /> SIGNATURES
<br /> LESSOR LESSEE
<br /> c.......c.iftki_______=;:_.
<br /> CATERPILLAR FINANCIAL SERVICES CORPORATION CITY OF ordo
<br /> Signature S rig na
<br /> Name(print) Name(print)PIN(
<br /> L. \/V 5
<br /> 1 't Title Title IN(0
<br /> Date Date 1 f 1 f aO
<br /> ACT No GOViEA,E 65666?I N4]OO1.1¢3262010 1.al Pm CT
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