Continuation of Lease by Xxxxxx. Lessee intends to continue making the payments under the Agreement. Lessee reasonably believes that legally available funds in an amount sufficient to make all payments during the term of the Agreement can be obtained. Xxxxxx agrees that, during the budgeting process for each budget year, the Lessee's staff will provide to the appropriate governing body proper notification of any payments due under the Agreement during the applicable budget year. Notwithstanding this covenant, if Xxxxxx fails to appropriate funds sufficient for the payments under the Agreement, the Agreemen t shall terminate as provided above.
Continuation of Lease by Xxxxxx. Lessee intends to continue all Property Schedules entered into pursuant to this Agreement and to pay the Lease Payments thereunder. Lessee reasonably believes that legally available funds in an amount sufficient to make all Lease Payments during the term of all Property Schedules can be obtained. Lessee agrees that its staff will provide during the budgeting process for each budget year to the governing body of Lessee notification of any Lease Payments due under the Property Schedules during the following budget year. Notwithstanding this covenant, if Xxxxxx fails to appropriate the Lease Payments for a Property Schedule pursuant to Section 6.06, such Property Schedule shall terminate at the end of the then current Original Term or Renewal Term. Although Xxxxxx has made this covenant, in the event that it fails to provide such notice, no remedy is provided and Lessee shall not be liable for any damages for its failure to so comply.
Continuation of Lease by Xxxxxx. The Lessee intends, subject to the provisions of Section 3.3(c), to continue the Lease Term through the Original Term and all subsequent Renewal Terms and to pay the Lease Payments and Additional Rentals hereunder. The Lessee reasonably believes that legally available funds of an amount sufficient to make all Lease Payments and Additional Rentals during the Original Term and each of the Renewal Terms can be obtained, but subject to annual appropriation in all events. The Lessee further intends to do all things lawfully within its power to obtain and maintain funds from which the Lease Payments and Additional Rentals may be made, including making provision for such payment to the extent necessary in each annual budget submitted and adopted in accordance with applicable provisions of state law, and exhausting all available review and appeals in the event such portion of the budget is not approved. This representation shall not be binding on the Lessee.
Continuation of Lease by Xxxxxx. Lessee intends to continue all Supplements entered into pursuant to this Agreement and to pay the Lease Payments thereunder. Lessee reasonably believes that legally available funds in an amount sufficient to make all Lease Payments during the term of all Supplements can be obtained. Xxxxxx agrees that during the budgeting process for each budget year its staff will provide to the governing body of Lessee notification of any Lease Payments due under the Supplements during the following budget year.
