Common use of Xxxxxx’s Representations and Warranties Clause in Contracts

Xxxxxx’s Representations and Warranties. Lessee hereby represents, covenants and warrants for the benefit of Lessor that as of the date hereof and as of Commencement Date for each Lease, and throughout each Lease Term: (a) Lessee is a state or political subdivision thereof within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”); (b) Lessee is duly organized and existing under the Constitution and laws of the state in which Lessee is located; (c) Lessee is authorized to enter into and carry out its obligations under this Master Lease and each Lease and every other document required to be delivered in connection with this Master Lease and a Lease; (d) this Master Lease and each Lease have been duly authorized, executed and delivered by Lessee in accordance with all applicable laws, codes, ordinances, regulations, and policies; (e) any person signing the Master Lease and each Lease has the authority to do so, is acting with the full express authorization of Xxxxxx’s governing body, and holds the office indicated below his or her signature, which is genuine; (f) the Equipment is essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of Lessee’s authority and shall be used during the Lease Term only by Lessee and only to perform such function; (g) Lessee intends to use the Equipment for the entire Lease Term and shall take such action, in accordance with Section 6, to include in its annual budget request, for submission to Lessee’s governing body, any funds required to fulfill Lessee’s obligations for each succeeding fiscal period during the applicable Lease Term; (h) Lessee has complied fully with all applicable laws, codes, ordinances, regulations, and policies, governing open meetings, competitive pricing and/or public bidding and appropriations required in connection with each Lease, the selection and acquisition of the Equipment and the selection of Vendor; (i) all payments due and to become due during Lessee’s current fiscal period under a Lease are within the fiscal budget of such fiscal period, and are or will be included within an unrestricted and unencumbered appropriation currently available for the lease/purchase of the Equipment under the related Lease; (j) Lessee shall not do or cause to be done any act which shall cause, or by omission of any act allow, the interest portion of any Lease Payment to become includible in Lessor’s gross income for Federal income taxation purposes under the Code; (k) Lessee shall comply with the information reporting requirements of Section 149(e) of the Code with respect to each Lease (such compliance shall include, but not be limited to, the execution of Form 8038-G or 8038-GC information reporting returns as appropriate); (l) all financial information provided by Lessee is true and accurate and fairly represents Lessee’s financial condition; (m) Lessee has not for at least its most recent ten fiscal periods failed to appropriate or otherwise make available funds sufficient to pay rental or other payments coming due under any lease purchase, installment sale or other similar agreement; (n) there is no litigation, pending or threatened that would materially adversely affect the transactions contemplated by this Master Lease, any Lease or the financial condition of Lessee; and (o) any and all Equipment that Lessee leases, purchases and/or acquires pursuant to this Master Lease and any Lease hereunder is for Xxxxxx’s internal purposes only and Lessee is not and will not lease, purchase or acquire the Equipment for resale.

Xxxxxx’s Representations and Warranties. Lessee hereby represents, covenants represents and warrants for the benefit of to Lessor that as of the date hereof and as of Commencement Date for each this Lease, and throughout each the Lease Term: (a) Lessee is a state or political subdivision thereof within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”)entity indicated in this Lease; (b) Lessee is duly organized and existing under the Constitution and laws a state or a fully constituted political subdivision or agency of the state State in which Lessee is located; (c) Lessee is duly organized and existing under the constitution and laws of the state in which they are located; (d) Lessee is authorized to enter into and carry out its Lessee’s obligations under this Master Lease Lease, any documents relative to the acquisition of the Equipment and each Lease and every any other document documents required to be delivered in connection with this Master Lease and a Lease(collectively, the “Documents”); (de) this Master Lease and each Lease the Documents have been duly authorized, executed and delivered by Lessee in accordance with all applicable laws, codesrules, ordinances, and regulations, the Documents are valid, legal, binding agreements, enforceable in accordance with their terms and policies; (ethe person(s) any person signing the Master Lease and each Lease has Documents have the authority to do so, is are acting with the full express authorization of Xxxxxx’s governing body, and holds hold the office offices indicated below his or her their signature, each of which is are genuine; (f) the Equipment is essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of Lessee’s authority and shall be used during the Lease Term only by Lessee and only to perform such functionauthority; (g) Lessee intends to use the Equipment for the entire Lease Term for such function and shall take such action, in accordance with Section 6, all necessary action to include in its Lessee’s annual budget request, for submission to Lessee’s governing body, any funds required to fulfill Lessee’s obligations for each succeeding fiscal period year during the applicable Lease Term; (h) Lessee has complied fully with all applicable laws, codes, ordinances, regulations, and policies, law governing open meetings, competitive pricing and/or public bidding and appropriations required in connection with each Lease, this Lease and the selection and acquisition of the Equipment and the selection of VendorEquipment; (i) all payments due and to become due during Lessee’s obligations to remit Rent under this Lease constitutes a current fiscal period expense and not a debt under applicable state law and no provision of this Lease constitutes a Lease are within the fiscal budget pledge of such fiscal periodLessee’s tax or general revenues, and are or will be included within an unrestricted any provision which is so constructed by a court of competent jurisdiction is void from the inception of this lease; and unencumbered appropriation currently available for the lease/purchase of the Equipment under the related Lease; (j) Lessee shall not do or cause to be done any act which shall cause, or by omission of any act allow, the interest portion of any Lease Payment to become includible in Lessor’s gross income for Federal income taxation purposes under the Code; (k) Lessee shall comply with the information reporting requirements of Section 149(e) of the Code with respect to each Lease (such compliance shall include, but not be limited to, the execution of Form 8038-G or 8038-GC information reporting returns as appropriate); (l) all financial information Lessee has provided by Lessee to Lessor is true and accurate and fairly represents provides a good representation of Lessee’s financial condition; (m) Lessee has not for at least its most recent ten fiscal periods failed to appropriate or otherwise make available funds sufficient to pay rental or other payments coming due under any lease purchase, installment sale or other similar agreement; (n) there is no litigation, pending or threatened that would materially adversely affect the transactions contemplated by this Master Lease, any Lease or the financial condition of Lessee; and (o) any and all Equipment that Lessee leases, purchases and/or acquires pursuant to this Master Lease and any Lease hereunder is for Xxxxxx’s internal purposes only and Lessee is not and will not lease, purchase or acquire the Equipment for resale.

Xxxxxx’s Representations and Warranties. Lessee hereby represents, covenants represents and warrants for the benefit of to Lessor that as of the date hereof and as of Commencement Date for each this Lease, and throughout each the Lease Term: (a) Lessee is a state or political subdivision thereof within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”)entity indicated in this Lease; (b) Lessee is a State or a fully constituted political subdivision or agency of the State in which Lessee is located; (c) Lessee is duly organized and existing under the Constitution and laws of the state State in which Lessee is they are located; (cd) Lessee is authorized to enter into and carry out its Lessee’s obligations under this Master Lease Lease, any documents relative to the acquisition of the Equipment and each Lease and every any other document documents required to be delivered in connection with this Master Lease and a Lease(collectively, the “Documents”); (de) this Master Lease and each Lease the Documents have been duly authorized, executed and delivered by Lessee in accordance with all applicable laws, codesrules, ordinances, and regulations, the Documents are valid, legal, binding agreements, enforceable in accordance with their terms and policies; (ethe person(s) any person signing the Master Lease and each Lease has Documents have the authority to do so, is are acting with the full express authorization of XxxxxxLessee’s governing body, and holds hold the office offices indicated below his or her their signature, each of which is are genuine; (f) the Equipment is essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of Lessee’s authority and shall be used during the Lease Term only by Lessee and only to perform such function; (g) Lessee intends to use the Equipment for the entire Lease Term and shall take such action, in accordance with Section 6, all necessary action to include in its Lessee’s annual budget request, for submission to Lessee’s governing body, any funds required to fulfill Lessee’s obligations for each succeeding fiscal period year during the applicable Lease Term; (h) Lessee has complied fully with all applicable laws, codes, ordinances, regulations, and policies, law governing open meetings, competitive pricing and/or public bidding and appropriations required in connection with each Lease, this Lease and the selection and acquisition of the Equipment and the selection of VendorEquipment; (i) Lessee’s obligations to remit Rent under this Lease constitutes a current expense and not a debt under applicable state law and no provision of this Lease constitutes a pledge of Lessee’s tax or general revenues, and any provision which is so constructed by a court of competent jurisdiction is void from the inception of this lease; (j) all payments due and to become due during Lessee’s current fiscal period under a Lease year are within the fiscal budget of such fiscal periodyear, and are or will be included within an unrestricted and unencumbered appropriation currently available for the lease/purchase of the Equipment under the related LeaseEquipment; (jk) Lessee shall not do or cause to be done any act which shall cause, or by omission of any act allow, allow the interest portion of any Lease Payment Rent payment to become includible in Lessor’s gross income for Federal income taxation purposes under the Internal Revenue Code of 1986, as amended, (the “Code”); (kl) Lessee shall maintain a complete and accurate record of all assignments of this Lease in the form sufficient to comply with the book entry requirements of Section 149(a) of the Code and the regulations prescribed there under from time to time; (m) Lessee shall comply with the information reporting requirements of Section 149(e) of the Code with respect to each Lease (Code; such compliance shall include, but not be limited to, the execution of IRS Form 8038-G or 8038-GC information reporting returns as appropriate)GC; and (ln) all financial information Lessee has provided by Lessee to Lessor is true and accurate and fairly represents Lesseeprovides a good representation of Xxxxxx’s financial condition; (m) Lessee has not for at least its most recent ten fiscal periods failed to appropriate or otherwise make available funds sufficient to pay rental or other payments coming due under any lease purchase, installment sale or other similar agreement; (n) there is no litigation, pending or threatened that would materially adversely affect the transactions contemplated by this Master Lease, any Lease or the financial condition of Lessee; and (o) any and all Equipment that Lessee leases, purchases and/or acquires pursuant to this Master Lease and any Lease hereunder is for Xxxxxx’s internal purposes only and Lessee is not and will not lease, purchase or acquire the Equipment for resale.

Xxxxxx’s Representations and Warranties. The 1st sentence in Section 17 Titled “Lessee’s Representations and Warranties” is amended to: Lessee hereby represents, covenants Herby represents and warrants for the benefit of to Lessor that as of the date hereof and as of Commencement Date for each this Lease, and throughout each the Lease TermTern: (a) Lessee is a state or political subdivision thereof within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”)entity indicated in this Lease; (b) Lessee is a State or a fully constituted political subdivision or agency of the State in which Lessee is located; (c) Lessee is duly organized and existing under the Constitution and laws of the state State in which Lessee is located; (cd) Lessee is authorized to enter into and carry out its Lessee’s obligations under this Master Lease Lease, any documents relative to the acquisition of the Equipment and each Lease and every any other document documents required to be delivered in connection with this Master Lease and a Lease(collectively, the “Documents”); (de) this Master Lease and each Lease the Documents have been duly authorized, executed and delivered by Lessee in accordance with all applicable laws, codesrules, ordinancesordinance, and regulations, the Documents are valid, legal, binding agreements, enforceable in accordance with their terms and policies; (ethe person(s) any person signing the Master Lease and each Lease has Documents have the authority to do so, is are acting with the full express authorization of XxxxxxLessee’s governing body, and holds hold the office offices indicated below his or her their signature, each of which is genuine; (f) the Equipment is essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of Lessee’s authority and shall be used during the Lease Term only by Lessee agents and customers only to perform such function; (g) Lessee intends to use the Equipment for the entire Lease Term term and shall take such action, in accordance with Section 6, all necessary action to include in its Lessee’s annual budget request, for submission to Lessee’s governing body, any funds required to fulfill Lessee’s obligations for each succeeding fiscal period year during the applicable Lease Term; (h) Lessee has complied fully with all applicable laws, codes, ordinances, regulations, and policies, law governing open meetings, competitive pricing and/or public bidding and appropriations required in connection with each Lease, this Lease and the selection and acquisition of the Equipment and the selection of VendorEquipment; (i) Lessee’s obligations to remit Rent under this Lease constitutes a current expense and not a debt under applicable state lase and no provision of this Lease constitutes a pledge of Lessee’s tax or general revenues, and any provision which is so constructed by a court of competent jurisdiction is void from the inception of this lease; (j) all payments due and to become due during Lessee’s current fiscal period under a Lease year are within the fiscal budget of such fiscal periodyear, and are or will be included within an unrestricted and unencumbered appropriation currently available for the lease/purchase lease of the Equipment under the related LeaseEquipment; (j) Lessee shall not do or cause to be done any act which shall cause, or by omission of any act allow, the interest portion of any Lease Payment to become includible in Lessor’s gross income for Federal income taxation purposes under the Code; and (k) Lessee shall comply with the information reporting requirements of Section 149(e) of the Code with respect to each Lease (such compliance shall include, but not be limited to, the execution of Form 8038-G or 8038-GC information reporting returns as appropriate); (l) all financial information Lessee has provided by Lessee to Lessor is true and accurate and fairly represents Lesseeprovides a good representation of Xxxxxx’s financial condition; (m) Lessee has not for at least its most recent ten fiscal periods failed to appropriate or otherwise make available funds sufficient to pay rental or other payments coming due under any lease purchase, installment sale or other similar agreement; (n) there is no litigation, pending or threatened that would materially adversely affect the transactions contemplated by this Master Lease, any Lease or the financial condition of Lessee; and (o) any and all Equipment that Lessee leases, purchases and/or acquires pursuant to this Master Lease and any Lease hereunder is for Xxxxxx’s internal purposes only and Lessee is not and will not lease, purchase or acquire the Equipment for resale.