Common use of Governmental Provisions Clause in Contracts

Governmental Provisions. Customer hereby represents, warrants and covenants to Company that: (a) Customer intends, subject only to the provisions of this Addendum, to remit to Company all sums due and to become due under the Agreement for the full term; (b) Customer’s governing body has appropriated sufficient funds to pay all payments and other amounts due during Customer’s current fiscal period; (c) Customer reasonably believes that legally available funds in an amount sufficient to make all payments for the full term of the Agreement can be obtained; and (d) Customer intends to do all things lawfully within its power to obtain and maintain funds from which payments due under the Agreement may be made, including making provision for such payments to the extent necessary in each budget or appropriation request submitted and adopted in accordance with applicable law. If Customer’s governing body fails to appropriate sufficient funds to pay all payments and other amounts due and to become due under the Agreement in Customer’s next fiscal period (“Non-Appropriation”), then (i) Customer shall promptly notify Company of such Non-Appropriation, (ii) the Agreement will terminate as of the last day of the fiscal period for which appropriations were received, and (iii) Customer shall return the Equipment to Company pursuant to the terms of the Agreement. Customer’s obligations under the Agreement shall constitute a current expense and shall not in any way be construed to be a debt in contravention of any applicable constitutional or statutory limitations or requirements concerning Customer’s creation of indebtedness, nor shall anything contained herein constitute a pledge of Customer’s general tax revenues, funds or monies. Customer further represents, warrants and covenants to Company that: (a) Customer has the power and authority under applicable law to enter into the Agreement and this Addendum and the transactions contemplated hereby and thereby and to perform all of its obligations hereunder and thereunder, (b) Customer has duly authorized the execution and delivery of the Agreement and this Addendum by appropriate official action of its governing body and has obtained such other authorizations, consents and/or approvals as are necessary to consummate the Agreement and this Addendum, (c) all legal and other requirements have been met, and procedures have occurred, to render the Agreement and this Addendum enforceable against Customer in accordance with their respective terms, and (d) Customer has complied with all public bidding requirements applicable to the Agreement and this Addendum and the transactions contemplated hereby and thereby.

Governmental Provisions. Customer As of the Commencement Date of each Lease, You hereby representsrepresent, warrants warrant and covenants covenant to Company Us that: (a) Customer intendsYou intend, subject only to the provisions of this AddendumSection 14, to remit to Company Us all sums due and to become due under the Agreement this Lease for the full termTerm; (b) Customer’s Your governing body has appropriated sufficient funds to pay all payments Payments and other amounts due during Customer’s Your current fiscal period; (c) Customer You reasonably believes believe that legally available funds in an amount sufficient to make all payments Payments for the full term of the Agreement Term can be obtained; and (d) Customer intends You intend to do all things lawfully within its Your power to obtain and maintain funds from which payments due under the Agreement Payments may be made, including making provision for such payments to the extent necessary in each budget or appropriation request submitted and adopted in accordance with applicable law. If Customer’s Your governing body fails to appropriate sufficient funds to pay all payments Payments and other amounts due and to become due under the Agreement hereunder in Customer’s Your next fiscal period (“Non-Non- Appropriation”), then (i) Customer You shall promptly notify Company Us of such Non-Appropriation, (ii) the Agreement this Lease will terminate as of the last day of the fiscal period for which appropriations were received, and (iii) Customer You shall return the Equipment to Company Us pursuant to the terms of the AgreementSection 12. Customer’s Your obligations under the Agreement each Lease shall constitute a current expense and shall not in any way be construed to be a debt in contravention of any applicable constitutional or statutory limitations or requirements concerning Customer’s Your creation of indebtedness, nor shall anything contained herein constitute a pledge of Customer’s Your general tax revenues, funds or monies. Customer As of the Commencement Date of each Lease, You further representsrepresent, warrants warrant and covenants covenant to Company thatUs: (a) Customer has You have the power and authority under applicable law to enter into the Agreement and this Addendum such Lease and the transactions contemplated hereby and thereby and to perform all of its Your obligations hereunder and thereunder, (b) Customer has You have duly authorized the execution and delivery of the Agreement and this Addendum such Lease by appropriate official action of its Your governing body and has You have obtained such other authorizations, consents and/or approvals as are necessary to consummate the Agreement and this Addendumsuch Lease, (c) all legal and other requirements have been met, and procedures have occurred, to render the Agreement and this Addendum such Lease enforceable against Customer You in accordance with their respective its terms, and (d) Customer has You have complied with all public bidding requirements applicable to the Agreement and this Addendum such Lease and the transactions contemplated hereby and thereby.