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Agenda 04/27/1999
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Agenda 04/27/1999
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7/24/2000 10:00:29 PM
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5/12/1999 1:45:22 PM
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City Council
Meeting Date
4/27/1999
City Council - Category
Agendas
City Council - Type
General
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request for supplemental appropriation in an amount sufficient to pay when due the rental <br />payments and other mounts due under this Lease, the Lessee may terminate this <br />Agreement as of the end of the last fiscal year for which such funds were appropriated <br />and shall not be obligated to pay any rental payments or other amounts following the .end <br />of such fiscal year. <br />Termination of this Agreement pursuant to this Section 14 as a result of non- <br />appropriation shall not be deemed to be an Event of Default, but such termination shall <br />entitle the Lessor to re-enter and take possession of the Equipment and. terminate this <br />Agreement. <br /> <br />Notice of Appropriation. The Lessee shall give notice to the Lessor by no later than June <br />30 of each year of the amount budgeted by the Lessee and appropriated by the City <br />Council for all payments required to be. made by the Lessee under the Agreement in the <br />Fiscal Year commencing on the immediately succeeding July 1 and whether such amount <br />is sufficient to meet all such required payments during such period. <br /> <br />15. ASSIGNMENT <br /> <br />Assignment By Lessee. The Lessee agrees not to sell, assign, lease, sublease, pledge or <br />otherwise encumber or suffer a lien or encumbrance upon or against any interest in this <br />Agreement or the Equipment (except for the lien and security interest of the Lessor <br />therein) or to remove the Equipment from its place of installation without the Lessor's <br />prior written consent which shall not be unreasonably withheld. The Lessee's interest <br />herein may not be assigned or transferred by operation of law. <br /> <br />Assignment By The Lessor. The Lessor may, at any time and from time to time, assign <br />all or any part of its interest in the Equipment or this Agreement, including without <br />limitation, the Lessor's rights to receive the rental payments and any additional payments <br />due and to become due hereunder. The Lessee agrees that this Agreement may become <br />part of a pool of agreement obligations at the Lessor's or its assignee's option. The Lessor <br />or its assignees may assign or reassign either the entire pool or any partial interest herein. <br />Notwithstanding the foregoing, no assignment or reassignrnent in the Equipment or this <br />Agreement shall be effective unless and until the Lessee shall receive a duplicate original <br />counterpart of the document by which such assignment or reassignment is made <br />disclosing the name and address of each-such assignee. The Lessee agrees to execute any <br />document reasonably required by the Lessor in connection with any such assignment. <br /> <br /> After the giving of notice described above to the Lessee, the Lessee shall therefore <br />make all payments in accordance with the notice to the assignee named therein and shall, <br />if so requested, acknowledge such assignment in writing, but such acknowledgement <br />shall in no way be deemed necessary to make the assignrnent effective. <br /> <br />Escrow Assigm'nent by the Lessor. The Escrow Agent may assign all or any part of its <br />interest in the Escrow Fund established pursuant to Section 5 hereof to a successor <br />escrow agent reasonably acceptable to both the Lessor and the Lessee. <br /> <br />t5 <br /> <br /> <br />
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