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De Lage Landen Public Finance LLC
<br />1111 Old Eagle School Road
<br />Wayne, PA 19087
<br />Full Legal Name
<br />CITY OF SOUTH BEND, INDIANA
<br />,.,__—
<br />.........
<br />08A Wine fir any)
<br />Bilbao Address City
<br />227 W JEFFERSON BLVD 12TH FL SOUTH BEND
<br />Model No. l Serial Number
<br />Location fir not same as above) City
<br />Number of Lease Payments I Lease Payments:
<br />See Lease Payment Schedule Attached as Attachment 1
<br />II Lease Term (in Months) Payment Frequency
<br />❑ Monthly
<br />36 ❑ Ouarlerly
<br />❑ Semiannually
<br />Annually
<br />❑ Other.. .,_.., ,........ ..
<br />End of Lease Option: $1
<br />State and Local Government Lease -Purchase Agreement
<br />PHONE: (800) 736-0220
<br />FACSIMILE: (800) 700-4643
<br />3......_._ .... ._
<br />Phone Number )
<br />Purrgeso Order Requisition Number
<br />Send Invoice to Attention of:
<br />46601
<br />SEE ATTACHED NETWORK SOLUTIONS QUOTE # 072819 V5
<br />By checking [he box below, YOU hereby designate [his Lease as a "qualified lax -exempt obligalian" as defined in
<br />Section 265(h)(3)(B) of the Internal Revenue Cade and represent that the aggregate face amount of all lax -exempt
<br />obligations (excluding private activity bands other than qualified 501 (c)(3) bands) issued or to he issued by YOU
<br />and YOUR subordinate enlilies during the calendar year in which WE fund this Lease is not reasonably expected
<br />[o exceed $10,000,000,
<br />❑ Bank Oualilicalion Elected
<br />TERMS AND CONDITIONS
<br />Please read YOUR copy of this State and Local Government Lease•Purcl;aase Agreement ("Lease") carefully and feel free to ask US any questions YOU may have about it. Words "YOU" and "YOUR" refer to
<br />the "Lessee" and the words 'WE," US" and "OUR" refer to De Lage Landen Public Finance LLC, its successors and assigns, as the "Lessor" of the Equipment.
<br />1. LEASE. WE agree to lease to YOU and YOU agree to lease from US, the equipment listed above (and on any attached schedule) including all replacement parts, repairs, additions and accessories
<br />("Equipment") on the terms and conditions of this Lease and on any attached schedule.
<br />2. TERM. This Lease is effective on the date when the term of this Lease and YOUR obligation to pay rent commence, which date shall be the date that funds are advanced by US to YOU, the vendor of the
<br />Equipment of ain escrow agent liar Itoe purpose of lfayinl)i or leiirlevI;,tng a ff of a portion all' the cost of Pic Equmiarnent (Ihe Cofnnuouldc uolelut Date) and cofrfinfin thereafterfat, an orlgural feam ("Orh;tfnal Term")
<br />ending at The rood of YOUR bullgal year In effect on the Commencenuenl Date, .and may be conlin�uoirl Igo YOU for addkhonat on yeast tememil terms (° Reftewhel'TOVS") coinciding with YOUR budget year up Io fliv
<br />total number of mouths indicated abow as the Full Lease Tm% provided, howevet, Mal at the, end of the 00ginat Tprm and at the end of each Renewat Term until the Full Lease Term has been compleled" YOU shall
<br />be derramed'lo have continued thls Lease for the next Renewal Term unless YOU Shall have, terminated fhb Leas,e pursuam to Secgon 5 or SeWon 17, Lease Payments vIII he due as set tofltl on Attachment 1 until
<br />the bdlruucp of the Lease leamyp'fuu s avid airyaddlhahal t..ease Payments or expenses chargeable to YOU under thus Lease are paid in full. As set forth in the Lease Payment Schedule, a portion of each Lease Payment
<br />is f qd as and represents paymment of, mnemesL YOUR oMfgation'to pay the Lease Payinantsand YOUR other Lease robligabons are absolute and unconditional and are not subject to cancellation, reduction, setoff
<br />or counterclaim except as provided in Section 5. THIS LEASE IS NON -CANCELABLE EXCEPT AS PROVIDED IN SECTION 5,
<br />3. LATE CHARGES. If a Lease Payment is not made on the date when due, YOU will pay US a late charge at the rate of 16 % per annum or the maximum amount permitted bylaw, whichever is less,
<br />from such date.
<br />4. CONTINUATION OF LEASE TERM. YOU currently intend, subject to Section 5, to continue this lease through flue Fuil Lease Tefhn ahtt to pay the Lease Payrrralads hereunder„ YOU reasomfirly believe that
<br />legally available funds in an amount sufficient to make all Lease Payments during the Full Lease Term can be obtained. YOUR respoWblo ftnainctat officer shelf doall things lavOull,y will his or her p6mr to obtain
<br />and maintain funds from which the Lease Payments may be made, including making provision for the Lease Payments to the extent necessary In eadi: pf'oposed ann-i,tat budget subrinited for appu'oval in accor-
<br />dance with YOUR applicable procedures and to exhaust all available reviews and appeals if that portion of the budget is not approved. Notwithstanding the foregoing, the decision whether to budget or appropriate
<br />funds and to extend this Lease for any Renewal Term is solely within the discretion of YOUR governing body.
<br />5. NONAPPROPRIATION. YOU are obligated only to pay such Lease Payments under this Lease as may lawfully be made from funds budgeted and appropriated for that purpose during YOUR then current
<br />budget year. If YOU fail to appropriate or otherwise make available funds to pay the Lease i'ayneents required to be padd to The next occurring Rcnevval Tailn, this Lease shall be deemed terminated at the end of the
<br />then current Original Term or Renewal Term. YOU agree to deliver written notice to US of such temmination at least 90 days. pu9or'to the end of the then current Original Term or Renewal Term, but faflnf'e In give
<br />such notice shall not extend the term of this Lease beyond the then current Original Term or Renewal Term. If lifts tease is termirialed in accordance with this Section, YOU agree, at YOUR cost and expense, to
<br />peaceably deliver the Equipment to US at the location or locations specified by US.
<br />6. WARRANTIES. WE are leasing the Equipment to YOU "AS -IS" and WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PAR-
<br />TICULAR PURPOSE, WE transfer to YOU, without recourse, for the term of this Lease all warranties, if any, made by the manufacturer. YOU ALSO ACKNOWLEDGE THAT NO ONE IS AUTHORIZED TO WAIVE OR
<br />CHANGE ANY TERM, PROVISION OR CONDITION OF THIS LEASE AND, EXCEPT FOR THE MANUFACTURER WARRANTIES, MAKE ANY REPRESENTATION OR WARRANTY ABOUT THIS LEASE OR THE EQUIP-
<br />MENT WE SHALL NOT BE LIABLE FOR SPECIAL, RESULTING OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT OCCASIONED BY ANY BREACH OF WARRANTY OR REPRESENTATION OR RESULTING FROM
<br />THE USE OR PERFORMANCE OF THE EQUIPMENT. YOUR OBLIGATION TO PAY IN FULL ANY AMOUNT DUE UNDER THE LEASE WILL NOT BE AFFECTED BY ANY DISPUTE, CLAIM, COUNTERCLAIM, DEFENSE
<br />OR OTHER RIGHT WHICH YOU MAY HAVE OR ASSERT AGAINST THE SUPPLIER OR THE EQUIPMENT MANUFACTURER.
<br />7. DELIVERY AND ACCEPTANCE. YOU ARE RESPONSIBLE, AT YOUR OWN COST, TO ARRANGE FOR THE DELIVERY AND INSTALLATION OF THE EQUIPMENT (UNLESS THOSE COSTS ARE INCLUDED IN THE
<br />COSTS OF THE EQUIPMENT TO US), IF REQUESTED, YOU WILL SIGN A SEPARATE EQUIPMENT DELIVERY AND ACCEPTANCE CERTIFICATE. WE MAY AT OUR DISCRETION CONFIRM BY TELEPHONE THAT YOU HAVE
<br />ACCEPTED THE EQUIPMENT AND THAT TELEPHONE VERIFICATION OF YOUR ACCEPTANCE OF THE EQUIPMENT SHALL HAVE THE SAME EFFECT AS A SIGNED DELIVERY AND ACCEPTANCE CERTIFICATE.
<br />(Terms and Conditions continued on the reverse side of this Lease.)
<br />"I'll
<br />ayaisr to all ur Ulu l'orrms and Conditions contained in both sides of [his Lease, and in any attachments to same (all
<br />rat xh" are indwhod 4y refs✓once) and become part of [his Lease. YOU acknowledge to have read and agreed to all [he
<br />flcam dM Conditions.
<br />The Equipment is: NEW ❑ USED
<br />Signature -
<br />6 ,... .,�,..._..c....... orL4...
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<br />Print Na'me.
<br />,
<br />Legal Name of Corporation
<br />CITY OF SOUTH BEN
<br />(LEASE MUST
<br />+'' �„ Page 1 at 2
<br />Lessor Signature
<br />Print Name
<br />................ �......
<br />Tree
<br />For.....,
<br />DE LAGE LANDEN PUBLIC FINANCE LLC
<br />Lease Number
<br />PUB 18157
<br />Lease Date
<br />NOVEMBER 26 , 2018
<br />Vendor I O, Number
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