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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 penalty 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 fail to return the Units declare all Lease Payments due or to become due during the fiscal year in
<br /> 8. Tax Warranty You will, at all times do and perform all acts and things which the Event of Default occurs to be immediately due and payable by you
<br /> necessary and within your control to ensure that the interest component of Uits and/or use may repossess the Units by a lion 144u or intth notice to deliver fail to the
<br /> the Lease Payments will, for the purposes of Federal income taxation be Units to in the )manner after
<br /> d in Section tinsuchnotice the event you ll
<br /> excluded from our gross Income You will not permit or cause your soapp within ten (1we) days after receipt of mi and subject possessionto allf
<br /> obligations under this Agreement to be guaranteed by the Federal the Unitsnble laws,Further may enter upon your premises and take anytnd d
<br /> Government or any branch or instrumentality of the Federal Government. warranty
<br /> e an re if suwch
<br /> fps and quipyour ent Proleons Protection
<br /> any xtended
<br /> You will use the Units for the purpose of performing one or more ofyour Ser Service agreement t, Extended such as an Equipment r Service grPlee, n ExtendedTo
<br /> Contract, 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 corned 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 appropriate 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 /> 9 Assignment You may not,without our prior written consent,by operation of and supersedes all prior and contemporaneous writings understandings,
<br /> law or otherwise,assign transfer pledge,hypothecate or otherwise dispose implied.Any solicitations documents of any and representations,other expressed documents
<br /> ior
<br /> s
<br /> P implied. terms and conditions of purchase order or 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 a 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 /> to such other addresses as each party may substitute by notice to the other
<br /> and do indemnify,protect and hold harmless us and our employees officers,
<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"Lesso',we do
<br /> expenses (including reasonable attorney'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 has not occurred and you have not exercised and other defects and whether or not discoverable by you or us),operation your right of
<br /> ownership selection,delivery storage leasing or return of any item of Units, non-appropriation If an Event of UnitsDef willit occurs or if you out the necessity
<br /> of
<br /> regardless of where how and by whom operated or any failure on your part and furtherunencumbered action by the titleparties to the passv to fusurther
<br /> without interestthe necessity of
<br /> to accept the Units or otherwise to perform or comply with any conditions of w area entitledon by b pnosand youiwill have no fs or uare in the Units
<br /> this Agreement If we to obtain possession of any Units or if you are obligated at
<br /> any time to return any Units then (a) title to the Units will vest in us
<br /> immediately and(b)you will,at your expense,promptly deliver the Unit to us
<br /> 11 Insurance, Loss and Damage You bear the entire risk of loss theft
<br /> Properly protected and in the condition required by Section 11 You will
<br /> destruction or damage to the Units from any cause whatsoever No toss,
<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 /> equipment of the same type as the Unit,or(ii)on board a carrier named by
<br /> make Lease Payments or to perform any obligation owing under this
<br /> us and shipping the Unit,freight collect to a destination designated by us. If
<br /> Agreement You agree to keep the Units insured to protect all of our
<br /> the Unit is not in the condition required ebyd Section
<br /> interests, at your expense for such risks, in such amounts, in such formson
<br /> 11 you must pay us he
<br /> and with such companies as we may require,including hut not limited to fire demand all costs and expenses €ncurred by us to bring the Unit Into the
<br /> required condition Until the Units are returned as required above,all terms of
<br /> and extended coverage insurance, explosion and collision coverage, and
<br /> Phis Agreement will remain in full force and effect including,without limitation,
<br /> personal liability and property damage liability insurance Any insurance
<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 op inion 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 Agreemnt-(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
<br /> house the Units in suitable shelter and to permit us or our assigns to inspect requiredor s
<br /> the Units at any time and to otherwise protect our interests in the Units. If Section 8 aboves as Attachment D and (iv) any other documents or items
<br /> any Unit is customarily covered by a maintenance agreement, you will required by us.
<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 /> 12 Default,Remedies An"Event of Default"will occur if(a)you fail to pay any the laws relating to the choice of law of the State in which you are located
<br /> SIGNATURES
<br /> LESSOR LESSEE
<br /> CATERPILLAR FINANCIAL SERVICES CORPORATION CITY OF REDLANDS --gai
<br /> Signature Signatcr,a �����
<br /> Name(print) Name(print) PP U it FO5'fl2„
<br /> lit le M I\Av 4�
<br /> Title `
<br /> Date Date r f ` '7 I7 I -0
<br /> Farm No GOVLEASE
<br /> 8902,51 111;0.1 0807.20 t9 4 25 PA1 CT
<br />
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