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canon <br />CANON SOLUTIONS AMERICA <br />Canon Solutions America, Inc. ("GSA") <br />One Canon Park, Melville, NY 11747 <br />(800) 613-2228 —No <br />GOVERNMENTAL ENTITY <br />MUNICIPAL FISCAL FUNDING ADDENDUM <br />Unified Lease Agreement # S0864861 <br />CFS'Appli:cation Number: <br />CFS'Agreement Number: <br />Agreement Date: <br />W11% M1 <br />Complete Legal Name: South Bend Indiana, City of ("Customer") <br />THIS MUNICIPAL FISCAL FUNDING ADDENDUM ("ADDENDUM") WILL BE OF NO FORCE OR EFFECT IF THE <br />CUSTOMER IS NOT A STATE OR A POLITICAL SUBDIVISION OF A STATE WITHIN THE MEANING OF SECTION <br />1013(C) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED. <br />Customer warrants that it has funds available to pay Payments payable pursuant to the Unified Lease Agreement (the <br />"Agreement") between Customer and CSA until the end of its current appropriation, period and warrants that it presently <br />intends, to make Payments in each appropriation period from, now until the end of this Agreement. The officer of Customer <br />responsible for preparation of Customer's annual budget shall request from its legislative body or funding authority funds <br />to be pa"id to the Lessor under this Agreement If notwithstanding the making in good faith, of such request in accordance <br />with appropriate procedures and with the exercise of reasonable care and diligence, such legislative body or funding <br />authority does not appropriate funds to be paid to the Lessor for the (Equipment, Customer may, upon prior written notice <br />to CSA and the Lessor, effective upon the exhaustion of the funding authorized for the then current appropriation period, <br />return the Equipment to the Lessor, at Customer's expense and in accordance with this Agreement, and thereupon, <br />Customer shall be released of its obligation to make Payments to the Lessor due thereafter, provided: (1) the Equipment <br />is returned to the Lessor as provided for in the Agreement; (2) the above described notice states the failure of the <br />legislative body or funding authority to appropriate the necessary funds as the reason for cancellation; and (3) such notice <br />is accompanied by payment of all amounts then due to the Lessor under this Agreement. In the event Customer returns <br />the Equipment pursuant to the terms of this Agreement, the Lessor shall retain all sums paid by Customer. Customer's <br />Payment obligations under this Agreement in any fiscal year shall constitute, a current expense of Customer for such fiscal <br />year, and shall not constitute indebtedness or a multiple fiscal year obligation of Customer under Customer's state <br />constitution, state law or home rule charter. Nothing in this Agreement shall constitute a pledge Iby Customer of any taxes <br />or other monies, other than, as appropriated for a specific fiscal year for this Agreement and the Equipment. <br />The undersigned represents and warrants to CSA andl the Lessor that all action required to authorize the execution and <br />delivery of this Addendum on behalf of the above referenced Customer by the following signatory has been dully taken <br />and remains in full force and effect. Customer agrees that CSA and the Lessor may accept a facsimile or other <br />electronic transmission of this Addendum as an original, and that facsimile or electronically transmitted copies of <br />Customer's signature will be treated as an o6ginal for all purposes. <br />Canon Solutions America, Inc. <br />ACCEPTED <br />Customer <br />By: <br />By: <br />Title: <br />Name: <br />Date: <br />Title: <br />CFS-1220 (08/16) <br />