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CISCO FISCAL FUNDING ADDENDUM z I Lessee/Obligor (full legal name) 0 s DBA (if any) u? Lease/bstallment Payment Agreement/Contract No. z Master Lease Agreement/Master Installment Agreement No./Master Rental Agreement (if any) ("customer") Lessor/Payee/Seller Cisco Systems Capital Corporation (°Company') (the "Agreement') This Fiscal Funding Addendum ("Addendum"), dated as of , 20 , is made part of and amends the above -referenced Agreement by and between Company and the above -referenced Customer. Unless otherwise defined herein, capitalized terms shall have the definition set forth in the Agreement. Customer warrants that it has funds available to pay all rents or installment payments, as applicable ("Payments") payable under the Agreement until the end of Customer's current appropriation period. If Customer's legislative body or other funding authority does not appropriate funds for Payments for any sub- sequent appropriation period and Customer does not otherwise have funds available to lawfully pay the Payments (a "Non -Appropriation Event"), Customer may, subject to the conditions herein and upon prior written notice to Company (a "Non -Appropriation Notice'), effective sixty (60) days after the later of Company's receipt of same orthe end of the Customer's current appropriation period (the "Non -Appropriation Date"), terminate the Agreement and be released of its obligation to make all Payments coming due after the Non -Appropriation Date. As a condition to exercising its rights under this Addendum, Customer shall (i) provide in the Non -Appropriation Notice a certification of a responsible official that a Non -Appropriation Event has occurred, (ii) deliver to Company an opinion of Customer's counsel (addressed to Company) verifying that the Non -Appropriation Event as set forth in the Non -Appropriation Notice has occurred, (iii) an or before the Non -Appropriation Date return the Equipment to Company at a location designated by Company, in the condition required by, and in accordance with the return provisions of the Agreement and, (iv) at Customer's expense, pay Company all sums payable to Company under the Agreement up to the Non -Appropriation Date. In the event of any Non -Appropriation Event, Company shall retain all sums paid hereunder or under the Agreement by Customer, including the security deposit (if any) specified in the Agreement. Customer further represents, warrants and covenants for the benefit of Company that: (a) Customer is a municipal corporation and political subdivision duty organized and existing under the constitution and laws of the State in which it is organized. (b) Customer is authorized under the constitution and laws of such State, and has been duly authorized to enter into this Agreement and the transaction contemplated hereby and to perform all of its obligations hereunder. (c) This Agreement constitutes the legal, valid and binding obligation of Customer enforceable in accordance with its terms, except to the extent limited by applicable bankruptcy, insolvency, reorganization or other laws affecting creditors' rights generally. (d) Customer has complied with such public bidding requirements as may be applicable to this Agreement. (a) The Equipment, together with the software, support and services, if any, subject to the Agreement, are essential to the function of Customer or to the services Customer provides to its citizens, and Customer has an immediate need for, and expects to make immediate use of, substantially all the Equipment (and such software, support and services, if any), which need is not temporary or expected to diminish in the foreseeable future. (f) Customer has neverfailed to appropriate or otherwise make available funds sufficientto pay amounts coming due underany lease, lease purchase, rental, installment sale or other similar agreement. This Addendum is not intended to permit Customer to terminate the Agreement at will or for convenience. Except as expressly modified by this Addendum, the Agreement remains in full force and effect. In the event of any conflict, inconsistency or incongruity between the provisions of this Addendum and any of the provisions of the Agreement, the provisions of this Addendum shall in all respects govern and con- trol. A facsimile copy of this document with facsimile signatures may be treated as an original and will be admissible as evidence in a court of law. Customer authorizes Company to correct or insert missing information (including but not limited to the Agreement number and description) in this Addendum. Intending to be legally bound, each of the parties has caused this Addendum to be executed by its duly authorized representative. Signature X w S (MUST BE SIGNED BY AUTHORIZED REPRESENTATIVE OR OFFICER OF LESSEE) ozPrint Name �H Title Date Customer y FName my Date UV a Name of Corporation or Partnership Cisco Svatems Capital Corporation 02016 All Bights Reserved. Printed in the U.S.A. 16CSC270 67I6