Common use of Lease Payments to Constitute Current Expense of the District Clause in Contracts

Lease Payments to Constitute Current Expense of the District. The District and the Entity understand and intend that the obligation of the District to pay Lease Payments and other payments hereunder constitutes a current expense of the District and shall not in any way be construed to be a debt of the District in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by the District, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of the District. Lease Payments due hereunder shall be payable only from current funds which are budgeted and appropriated or otherwise made legally available for such purpose. This Facilities Lease shall not create an immediate indebtedness for any aggregate payments which may become due hereunder. The District has appropriated the Total Base Rent from the District’s current fiscal year and/or State funds to be received during the District’s current fiscal year, and has segregated such funds in a separate account to be utilized solely for the Lease Payments. The Entity acknowledges that the District has not pledged the full faith and credit of the District, the State of California or any state agency or state department to the payment of Lease Payments or any other payments due hereunder. The covenants on the part of District contained in this Facilities Lease constitute duties imposed by law and it shall be the duty of each and every public official of the District to take such action and do such things as are required by law in the performance of the official duty of such officials to enable the District to carry out and perform the covenants and agreements in this Facilities Lease agreed to be carried out and performed by the District in accordance with the terms and conditions set forth herein.

Lease Payments to Constitute Current Expense of the District. The District and the Entity understand and intend that the obligation of the District to pay Lease Payments and other payments hereunder constitutes a current expense of the District and shall not in any way be construed to be a debt of the District in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by the District, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of the District. Lease Payments due hereunder shall be payable only from current funds which are budgeted and appropriated or otherwise made legally available for such purpose. This Facilities Lease shall not create an immediate indebtedness for any aggregate payments which may become due hereunder. The Upon approval of the initial or any amended TBR, the District has appropriated the Total Base Rent will appropriate sufficient funds from District funds from the District’s current fiscal year and/or State funds to be received during the District’s current fiscal year, and has segregated will segregate such funds in a separate account to be utilized solely for the Lease Payments. The Entity acknowledges that the District has not pledged the full faith and credit of the District, the State of California or any state agency or state department to the payment of Lease Payments or any other payments due hereunder. The covenants on the part of District contained in this Facilities Lease constitute duties imposed by law and it shall be the duty of each and every public official of the District to take such action and do such things as are required by law in the performance of the official duty of such officials to enable the District to carry out and perform the covenants and agreements in this Facilities Lease agreed to be carried out and performed by the District in accordance with the terms and conditions set forth herein.