STATE AND LOCAL
GOVERNMENT ADDENDUM
EQUIPMENT FINANCE AGREEMENT #
Addendum to Agreement # , dated February _ \
Equipment Finance, a division of U.S, Bank National Association, as Lessor.
The parties wish to amend the above-referenced Agreement by adding the following language:
REPRESENTATIONS AND WARRANTIES OF CUSTOMER: You hereby represent and warrant to us that: (a) you have
been duly authorized by the Constitution and laws of the applicable jurisdiction and by a resolution of your governing body to
execute and deliver this Agreement and to carry out your obligations hereunder; (b) all legal requirements have been met, and
procedures have been followed, including public bidding, in order to ensure the enforceability of this Agreement: (c) this
Agreement is in compliance with all laws applicable to you, including any debt limitations or jimitations on interest rates or
finance charges; (d) the Equipment will be used by you only for essential governmental or proprietary functions of you
consistent with the scope of your authority, will not be used in a trade or business of any person or entity, by the federal
government or for any personal, family or household use, and your need for the Equipment is not expected to diminish during
the term of this Agreement; {e) you have funds available to pay contracted Payments until the end of your current
appropriation period, and you intend to request funds fo make contracted Payments in each appropriation period, from now
until the end of the term of this Agreement; and (f) your exact legal name is as set forth on page one of this Agreement,
NON-APPROPRIATION OR RENEWAL: If either sufficient funds are not appropriated to make contracted Payments or any
other amounts due under this Agreement or (to the extent required by applicable law) this Agreement is not renewed, this
Agreement shail terminate and you shall not be obligated to make contracted Payments under the Agreement beyond the
then-current fiscal year for which funds have been appropriated. Upon such an event, you shall, no later than the end of the
fiscal year for which contracted Payments have been appropriated, deliver possession of the Equipment to us. If you fail to
deliver possession of the Equipment to us, the termination shall nevertheless be effective but you shall be responsible, to the
extent permitted by law and legally available funds, for the payment of damages in an amount equal to the portion of
contracted Payments thereafter coming due that is attributable to the number of days after the termination during which you
fail to deliver possession and for any other loss suffered by us as a result of your failure to deliver possession as required.
You shall notify us in writing within seven days after your failure to appropriate funds sufficient for the payment of the
contracted Payments or (fo the extent required by applicable law) this Agreement is not renewed, but failure to provide such
notice shall not operate to extend the Agreement term or result in any jiability to you.
TITLE ¥O THE EQUIPMENT: If the selected purchase option for this Agreement is $1.00 or $101.00, unless otherwise
required by law, upon your acceptance of the Equipment, title to the Equipment shall be in your name, subject to our interest
under this Agreement,
The parties wish to amend the above-referenced Agreement by restating the following language:
Any provision in the Agreement stating this Agreement supersedes any invoice and/or purchase order is hereby amended and
restated as follows: “You agree that the terms and conditions of the Agreement and any supplement or schedule thereto and
any related acceptance certificate constitutes the entire agreement regarding the financing or lease of the Equipment and
supersedes any purchase order, invoice, request for proposal or other related document.”
Any provision in the Agreement stating that the Agreement shall automatically renew unless the Equipment is purchased,
returned or a notice requirement is satisfied is hereby amended and restated as follows: “This Agreement will renew for
month-to-month terms unless you purchase or retum the Equipment (according to the conditions herein) or send us written
notice at least 30 days (before the end of any term) that you do not want it renewed.”
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