Agenda - 06-28-1989 - Laserfiche WebLink

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a (b) Written notice thereof was given to Lessor within thirty (30) days of the adoption of the final budget for such fiSmi year; (c) Lessee has exhausted all funds legally available far all payments due fader this Agreement; (d) Lessee properly in a timely manner =quested sufficient funds to satisfy the'oblegations due hereunder in each such subsequent fiscal year and Lessee diligently pursued and exercised all reasonable efforts to obtain such funds; and (e) Lessee has paid all rental payments due during the fiscal period immediately preceding the fiscal period for which sufficient fends were not appropriated: 12.2 if lessee terminates this Agreement became of non-appropriation of funds in accordance with the provisions of this secticxt, Lessee shall return the Equipment to Lessor at lessee's sole cost and expense, together with suds documents and assurances as lessor may reasonably fit, and therm, title to the equipment shall immediately revert to Lessor, without any further act of • cxnveyance, free and clear of any right; title or interest of Lessee unless lessor elects otherwise, and all payment obligations of Lessee shall cease. 12.3 If lessee terminates this Agreement because of non-apprtc riation of funds in a000rdance with the provisions of this section, Les 'agrees not,; to per, lease or rest equipment performing ft/nations similar to those performed by the Equipment and agrees not to permit functletzs (similar to those performed through the use of the Equipment to be performed by its am employees or by an agency or entity affiliated with or hired by Lessee for a period of one (1) year or until the expiration of the full term of this Ate, whichever period is leee er. These restrictions shall not be applirahia in the event the uip ent shall be liquidated by Lessor and Lessee shall pay to Lessor an amount equal to the then total remaining rental payments less any amount received by Lessor from the sale or other dispositiat of the Plot after deducting reasonable expenses of the tale or dispositicat thereof. SECTION 13. ASSIGNOR 13.1 Assignment jziAmme. Lessee agrees not to sell, assign., lease,pledge or otherwise encumber or suffer a lien or peal or against any interest in this Agreement or the Equipment (except for the lien and security interest of Lessor therein) or to remove the Equipment from its place of installation without Lessor's prior written consent which shall not be urmeasolably withheld. Lessee's interest herein may not be assigned or transferred by operati n of law. 13.2 As_,..s:vritligEggr. lessor may, at any time and from time to tire, assign all or any part of its Interest in the Equipment or this Agreement, including without limitation, Lessor's rights to receive the rental payments and any additictal payments due aid to become due hereunder. Lessee agrees that this Agreement may becalm part of a pool of agreement obligations at the Lessor's or its assignee's option. The Lessor or its ash may assign or reassign either the entire pool or any partial interest herein. Notwithstandine the no assignment t or this Agreement shall effecctive a shall receive duplicate original counterpart of the document by which such assignment or reassignment is made eiselo i g the nerve and address of each such assignee. lessee covenants s and agrees with Lessor and each subsequent assignee of Lessor to maintain for the full term of this Agreement a written record of each suet assignment or reassignment. Lessee bather agrees that Lessor's interest in this Agreement may be assigned in hole or in part twat terms tahiLh provide in effect that the assigner or assignee will act as a collection aid paying agent for any hale of certificates of participation in this Agreement, provided Lessee receives a 'O° such riy of agency agreenerzt and such collection std paying agent conven nts and agrees to maintain for the full remaining term of this Agreenent a written record of each ar,d assignment of soda reassignment certificates of Participatian. ttsefo all After)os the giving of notice described above to Lessee, Lessee shall payments in aoaaa dance with the notice to the assignee named therein and stall, if so =wasted, acknowledge such assignment in writing, but such adcnoile keement shall in no way be deemed necessary to make the assignment effective.