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EQUIPMENT LEASE PURCHASE AGREEMENT <br /> <br /> THIS EQUIPMENT LEASE PURCHASE AGREEMENT, as amended or <br />supplemented from time to time (the "Agreement") dated as of ._, 1999 <br />between PATRICK HENRY NATIONAL BANL a [Virginia banking corporation] ("the <br />Lessor") and the CITY COUNCIL OF THE CITY OF MARTINSVILLE, VIRGINIA, a <br />governmental organization, the Lessee ("the Lessee"); <br /> <br />WITNESSETH: <br /> <br /> WHEREAS, the Lessor has agreed to lease the Equipment (as hereinafter defined) <br />to the Lessee, and the Lessee has agreed to lease the Equipment from the Lessor, pursuant <br />to the terms and conditions hereinafter set forth, in order to acquire a portion of the <br />Equipment and refund certain obligations incurred in the acquisition of the remainder of <br />the Equipment; <br /> <br /> WHEREAS, the Equipment has been, or will be, ordered from the manufacturers <br />or suppliers, but there is expected to be a delay in payment of the purchase price by the <br />Lessor and delivery of the Equipment to the Lessee, and in order to secure the obligations <br />of the Lessor hereunder, the Lessee has requested the Lessor to set aside in escrow with <br />the Escrow Agent, pursuant to the terms hereof, the purchase price of the Equipment; <br /> <br /> NOW, THEREFORE, for and in consideration of the premises and of the <br />covenants hereinaRer contained, and other good and valuable considerations, the mutual <br />parties hereto agree as follows: <br /> <br />1. DEFINITIONS <br /> <br /> For purposes of this Agreement and any related documents, the following <br />definitions will apply: <br /> <br />Bond Counsel. The law firm of Sands, Anderson, Marks & Miller, a Professional <br />Corporation, or such other nationally recognized bond counsel as may be selected by the <br />Lessee and reasonably acceptable to the Lessor. <br /> <br />Acceptance Date. Unless otherwise agreed to by the prior written consent of the Lessor, <br />the Equipment installation date. <br /> <br />Acceptance Certificate. A certificate in the form attached hereto as Exhibit A by which <br />the Lessee accepts delivery of all or a portion of the Equipment. <br /> <br />Commencement Date. The date a sum equal to the Costs of the Equipment is deposited <br />in the Escrow Fund by the Lessor. <br /> <br /> <br />