Agmt 2005 Banc of America Leasing & Capital LLC

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4Lease Proceeds" means, with respect to each Lease, the total amount of money to be paid by Lessor to the Escrow Agent for deposit and application in accordance with such Lease and the Escrow Agreement. °Lease Term" for each Lease means the Original Term and all Renewal Terms therein provided and for this Agreement means the period from the date hereof until this Agreement is terminated. °Lessee" means the entity referred to as Lessee in the first paragraph of this Agreement. "Lessor" means (a) the entity referred to as Lessor in the first paragraph of this Agreement or (b) any assignee or transferee of any right, title or interest of Lessor in and to the Equipment under a Lease or any Lease (including Rental Payments thereunder) pursuant to Section 11.01, but does not include any entity solely by reason of that entity retaining or assuming any obligation of Lessor to perform under a Lease. °Maximum Equipment Cost" means the amount set forth in each Schedule. Original Term" means the period from the Commencement Date for each Lease until the end of the fiscal year of Lessee in effect at such Commencement Date. Purchase Price" means, with respect to the Equipment listed on a Lease, the amount that Lessee may pay to Lessor to purchase such Equipment as provided in such Lease. Renewal Terms" means the renewal terms of each Lease, each having a duration of one year and a term coextensive with Lessee's fiscal year, as specified in the Schedule applicable thereto. °Rental Payments" means the basic rental payments payable by Lessee under each Lease pursuant to Section 4.01, in each case consisting of a principal component and an interest component. Schedule" means each separately numbered Schedule of Property substantially in the form of Exhibit &1 hereto together with a Rental Payment Schedule attached thereto substantially in the form of Exhibit &2 hereto. °State" means the State of California. °Utilization Period" means the date, with respect to each Lease not funded under an Escrow Agreement, by which Lessee must deliver an Acceptance Certificate for the Equipment under such Lease as indicated in Section 3.04{b). uVendor" means the manufacturer or supplier of the Equipment or any other person as well as the agents or dealers of the manufacturer or supplier with whom Lessor arranged Lessee's acquisition and financing of the Equipment pursuant to the applicable Lease. #219845v12A (Gov't Entity Master Lease) 3