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Section 3.03. Nonappropriation. Lessee is obligated only to pay such Rental Payments as <br />may lawfully be made during Lessee’s then current fiscal year from funds budgeted and <br />appropriated for that purpose. Should Lessee fail to budget, appropriate or otherwise make <br />available funds to pay Rental Payments following the then current Original Term or Renewal <br />Term, this Agreement shall be deemed terminated at the end of the then current Original Term or <br />Renewal Term. Lessee agrees to deliver notice to Lessor of such termination promptly after any <br />decision to non-appropriate is made, but failure to give such notice shall not extend the <br />Scheduled Term beyond such Original Term or Renewal Term. If this Agreement is terminated <br />in accordance with this Section, Lessee agrees to cease use of the Equipment and peaceably <br />remove and deliver at Lessee’s sole expense the Equipment to Lessor at the location(s) to be <br />specified by Lessor; provided, that Lessee shall pay month-to-month rent at the Contract Rate (or <br />the Taxable Rate if then in effect) for each month or part thereof that Lessee fails to return the <br />Equipment pursuant to this Section 3.03. <br /> Section 3.04. Conditions to Lessor’s Performance. (a) As a prerequisite to the <br />performance by Lessor of any of its obligations under this Agreement, Lessee shall deliver to <br />Lessor the following: <br /> (i) An Escrow Agreement in the form set forth in Exhibit I hereto, <br />satisfactory to Lessor and executed by Lessee and the Escrow Agent; <br /> (ii) A certified copy of a resolution, ordinance or other official action of <br />Lessee’s governing body, substantially in the form attached hereto as Exhibit C-1, <br />authorizing the execution and delivery of this Agreement and the Escrow Agreement and <br />performance by Lessee of its obligations under this Agreement and the Escrow <br />Agreement; <br /> (iii) A Certificate executed by the Clerk or Secretary or other comparable <br />officer of Lessee, in substantially the form attached hereto as Exhibit C-2, completed to <br />the satisfaction of Lessor; <br /> (iv) Opinions of counsel to Lessee in substantially the form attached hereto as Exhibit D and otherwise satisfactory to Lessor and addressed to Lessor or delivered with <br />a reliance letter addressed to Lessor; <br /> (v) Evidence of insurance as required by Section 7.02 hereof; <br /> (vi) All documents, including financing statements, affidavits, notices and <br />similar instruments, in form satisfactory to Lessor, which Lessor deems necessary or <br />appropriate at that time pursuant to Section 6.02; <br /> (vii) A waiver or waivers of interest in the Equipment, satisfactory to Lessor, <br />from any mortgagee or any other party having an interest in the real estate on which the <br />Equipment will be located and/or landlord of the real estate on which the Equipment will <br />be located; <br />163