6097 (EXHIBIT A - E) - Laserfiche WebLink

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Section 3.03. Covenant to Request Appropriations. Subject to Section 3.04 hereof, the Lessee agrees that it will (i) include in its budget request to the City Council of the Lessee all money that is necessary to fulfill the Lessee's obligations pursuant to this Lease, and (ii) seek an appropriation of such funds in a timely fashion so as to allow the Lessee to pay its obligations when due. Section 3.04. Limitations on Liability. (a) Notwithstanding any provision or covenant contained in this Lease, the Indenture or the Certificates, the Lessee is not obligated to renew this Lease beyond the Initial Term or any Renewal Term, nor is the City Council obligated to budget or appropriate money to pay Base Rentals or Supplemental Rent beyond the end of the Initial Term or any Renewal Term in effect at a given time. The Lessee will be under no obligation to levy any taxes in order to raise revenues to pay Base Rentals or Supplemental Rent, except to the extent required during the Initial Term or any Renewal Term for which the Lessee is obligated. In no event will the Lessee be obligated to levy any tax in excess of the maximum levy permitted by law. (b) If the Lessee fails to make any portion of the Payments which are due hereunder, the Lessee will immediately quit and vacate the Leased Property, and the Payments (except for Payments which have been appropriated and are then available for such purpose) shall thereupon cease. If the Lessee fails to pay any portion of the required Payments and then fails to immediately quit and vacate the Leased Property, the Lessor in accordance with the Indenture may immediately bring legal action to evict the Lessee from the Leased Property (and the Lessee shall, to the extent permitted by law, pay as damages for its failure to quit and vacate the Leased Property upon termination of the then current term of the Lease in violation of the terms hereof an amount equal to the Base Rentals otherwise payable during such term prorated on a daily basis) and commence proceedings to foreclose the lien of the Indenture. No judgment may be entered against the Lessee for failure to make any Payments, or to pay the Option Price hereunder, except to the extent that the Lessee has theretofore incurred liability to make any such Payments through its actual use and occupancy of the Leased Property, or through its exercise of an option that renews this Lease for an additional Renewal Term for which money has been appropriated, or is otherwise obligated to make such Payments pursuant to Section 8.01 hereof. (c) The Payments constitute current expenses of the Lessee. The Lessee's obligations hereunder are from year to year only and do not constitute an indebtedness, liability or a mandatory payment obligation of the Lessee in any ensuing Fiscal Year beyond the then current Fiscal Year of the Lessee. No provision hereof will be construed or interpreted as creating a general obligation or other indebtedness of the Lessee within the meaning of any constitutional or statutory debt limitation. Neither the execution, delivery and performance of the Lease nor the execution and delivery of the Certificates directly or indirectly obligates the Lessee to make any payments hereunder beyond those appropriated for the Lessee's then current Fiscal Year; provided, however, that nothing herein will be construed to limit the rights of the Owners of the Certificates or the Lessor to receive any amounts which may be realized from the Trust Estate pursuant to the Indenture. The Lessee will be under no obligation whatsoever to exercise its option to purchase the Lessor's interest in the Leased Property. No provision of this Lease may be construed to pledge or to create a lien on any class or source of the Lessee's money. (d) No obligation assumed by or imposed upon the Lessor hereunder will require the performance of any act by the Lessor except to the extent, if any, that the cost and expense of such performance may be provided for from the proceeds of the sale of the Certificates or from the proceeds of any Additional Certificates or paid by the Lessee hereunder as Supplemental Rent. Failure of the Lessor to perform any such act will not entitle the Lessee to terminate this Lease. -6-