Agenda 04/27/1999 - Laserfiche WebLink

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Inspection, Acceptance and Written Notice of Defects. Immediately upon receipt and installation of the Equipment, the Lessee shall inspect the Equipment. Unless the Lessee gives the Lessor written notice of each defect or other proper objection to the Equipment before the execution of the Acceptance Certificate, it shall be conclusively presumetl upon execution of an Acceptance Certificate, as between the Lessor and the Lessee, that Lessee has fully inspected and acknowledged that the Equipment described in the Acceptance Certificate is in good condition and repair, has been properly installed and is performing satisfactorily, and that the Lessee is satisfied with and has accepted such Equipment in such good condition and repair. 8. WARRANTIES AND REPRESENTATIONS OF THE LESSEE The Lessee warrants and represents to the Lessor as follows, which representations and warranties shall be continuing. The Lessee is a political subdivision within the meaning of Section 103(c) of the Intemal Revenue Code of 1986, as amended, (the "Code") and will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as such. The Lessee is authorized under the Constitution and laws of the Commonwealth of Virginia to enter into this Agreement and the transactions contemplated hereby and to perform all of its obligations hereunder. The execution and delivery of this Agreement by or on behalf of the Lessee has been duly authorized by all necessary action of the governing body of the Lessee, and the Lessee has obtained such other approvals and consents as are necessary to consummate this Agreement. The Lessee further represents and warrants that all requirements have been met and procedures have been followed in order to ensure the enforceability of this Agreement. The Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the acquisition of the Equipment hereunder, including .without limitation, the provisions of the Virginia Public Procurement Act. The Lessee shall cause to be executed and delivered to the Lessor an opinion of Bond Counsel and an incumbency certificate in form and substance reasonably satisfactory to the Lessor. The Lessee has an immediate need for, and expects to make immediate use of all of the Equipment which need is not temporary or expected to diminish during the term of this Agreement. The execution, delivery and performance of this Agreement and transactions contemplated' herein will not violate any judgment, order, law or regulation applicable to