STATE AND LOCAL
(Sban k. GOVERNMENT ADDENDUM
EQUIPMENT FINANCE AGREEMENT #
Addendurn to Agreement # , between , as Customer and U.S. Bank Equipment Finance, a division of U.S. Bank National Association
("U.S. Bank Equipment Finance"), as Lessor. The words ‘you" and “your” refer to Customer. The words “we,” “us” and “our” refer to 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 io us that: (i) you have been duly
authorized under the Constitution and laws of the applicable jurisdiction and by a resolution or other authority of your governing body to
execute and deliver this Agreement and to carry out your obligations hereunder; (ii) all tega! requirements have been met, and procedures
have been followed, including public bidding, in order to ensure the enforceability of this Agreement; (iii) this Agreement is in compliance
with all laws applicable fo you, including any deb! limitations or limitations on interest rates or finance charges; (iv) the Equipment will be
used by you only for essential governmental or proprietary functions af 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 fo diminish during the term of this Agreement; (v) you have funds available to pay Payments until the end of
your current appropriation period, and you intend to request funds lo make Payments in each appropriation period, from now until the end
of the term of this Agreement; and (vi) 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 Payments or any other amounts due
under this Agreement or (to the extent required by applicable law) this Agreement is not renewed either automatically or by mutual
ratification, this Agreement shall terminate and you shall not be obligated to make Payments under this 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 Payments have been appropriated or the lerm of this Agreement has been renewed, deliver possession of the Equipment to us. If
you fail io deliver possession of the Equipment to us, the termination shail 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 Payments thereafter
coming due that is aitributable 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 nolify us in writing within seven days after (i) your
failure to appropriate funds sufficient for the payment of the Payments or (ii) to the extent required by applicable law, (a) this Agreement is
not renewed or (b) this Agreement is renewed by you (in which event this Agreement shall be mutually ratified and renewed), provided that
your failure to give any such notice under clause (i) or (ii) of this sentence shall not operate to extend this Agreement or result in any
liability to you.
TITLE TQ THE EQUIPMENT: ff the selected purchase option for this Agreament 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 contained in this Agreement, which, with the acceptance certification, is the entire
agreement between you and us regarding the Equipment and which supersedes any purchase order, invoice, request for proposal ,
response or other related document.”
Any provision in the Agreement stating that this Agreement shall automatically renew unless the Equipment is purchased, retumed or a
notice requirement is satisfied is hereby amended and restated as follows: “Unless the purchase option is $1.00 or $101.00, at the end of
the initial term, this Agreement shall renew on a month-to-month basis under the same terms hereof unless you send us written notice at
least 30 days before the end of any term that you want to purchase or retum the Equipment, and you timely purchase or retum the
Equipment.”
Any provision in the Agreement stating that we may assign this Agreement is hereby amended and restated as follows: “We may sell,
assign, or transfer this Agreement without notice to or consent from you, and you waive any right you may have to such notice or consent."
Any provision in the Agreement stating that you grant us a security interest in the Equipment to secure all amounts owed to us under any
agreement is hereby amended and restated as follows: “To the extent permitted by law, you grant us a security interest in the Equipment
to secure all amounts you owe us under this Agreement and any supplements hereto. You authorize and ratify our filing of any financing
statement(s} and the naming of us on any vehicle title(s) to show our interest.”
10162 REV 11/17 Page 1 of 2
