6097 (EXHIBIT A - E) - Laserfiche WebLink

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and the reasonably estimated Supplemental Rent coming due during such fiscal year, an Event of Nonappropriation will be deemed to have occurred. The Lessor may waive any Event of Nonappropriation which is cured by the Lessee within a reasonable time if, in the Lessor's judgment, such waiver is in the best interests of the Owners of the Certificates. (b) If an Event of Nonappropriation occurs, the Lessee will not be obligated to pay the Base Rentals or Supplemental Rent provided for herein which accrue after the last day of the Initial Term or the then current Renewal Term, except for the Lessee's obligation to make Payments which are payable prior to the termination of this Lease; provided, however, that, subject to the limitations of Section 3.04 hereof, the Lessee will continue to be liable for the Base Rentals and Supplemental Rent allotable to any period during which the Lessee continues to occupy the Leased Property. The Lessor will, upon the occurrence of any Event of Nonappropriation and a foreclosure of the lien of the Indenture, have all rights and remedies to take possession of the Leased Property as trustee for the benefit of the Owners of the Certificates and will be further entitled to all money then on hand in all funds and accounts created under the Indenture. All property, funds and rights acquired by the Lessor upon the termination of this Lease or the Lessee's possessory interests hereunder by reason of an Event of Nonappropriation shall be held by the Lessor under the Indenture for the benefit of the Owners of the Certificates as set forth in the Indenture until the Certificates are paid in full. (c) The parties hereto agree that, upon the occurrence of an Event of Nonappropriation (which is not waived), the Lessee shall immediately quit and vacate the Leased Property upon termination of the term of the Lease for which funds have been appropriated. Section 3.10. Advances by the Lessor. If the Lessee fails to pay any Supplemental Rent required by this Lease, the Lessor may (but will be under no obligation to) pay such Supplemental Rent, which Supplemental Rent will constitute additional Base Rentals hereunder and are to be reimbursed to the Lessor, by the Lessee upon demand therefor, subject to the availability of sufficient legally available funds for such purpose. ARTICLE IV DELIVERY OF CERTIFICATES; USE OF PROCEEDS; TAX COVENANTS Section 4.01. Delivery of Certificates. For the purpose of providing funds to (a) pay a portion of the costs of the Project, (b) fund a debt service reserve fund for the Certificates and (c) pay all costs and expenses incidental to the delivery of the Certificates, the Lessor shall cause the Certificates to be executed and delivered pursuant to the Indenture and shall cause the proceeds from the sale thereof to be applied as provided in the Indenture. Section 4.02. Acquisition, Construction and Installation of the Project. (a) The Lessee will acquire, construct and install the Project in accordance with the Construction Contracts and the Plans and Specifications. The Lessee may make minor changes in and to the Construction Contracts and the Plans and Specifications incorporated therein, but major changes may only be made with the approval of the Lessor, which consent shall not be unreasonably withheld. The Lessee agrees that it will use its best efforts to cause the Project to be completed as soon as practicable with all reasonable dispatch, and in any event not later than February 15, 2000. The Lessee agrees that -8-