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-7- <br />Issue”), Lessee will take all steps necessary to promptly quiet, resolve and/or eliminate <br />such Real Property Issue to the satisfaction of Lessor and ensure that Lessee and Lessor <br />have adequate access to and use of (including beneficial use and enjoyment of) the Real <br />Property for all purposes of the Equipment contemplated herein and Lessee shall ensure <br />that its fee interest in the Real Property and Lessor’s right, title or interest in the <br />Equipment and rights or remedies under this Agreement with respect to the Equipment <br />remain free and clear of Real Property Issues. <br />(l) No lease, rental agreement, lease-purchase agreement, payment agreement <br />or contract for purchase to which Lessee has been a party at any time has been terminated <br />by Lessee as a result of insufficient funds being appropriated in any fiscal year. No event <br />has occurred which would constitute an event of default under any debt, revenue bond or <br />obligation which Lessee has issued during the past ten (10) years. <br />(m) Lessee represents to Lessor that that it has adopted a debt policy in <br />compliance with SB 1029 and Section 8855 of the Government Code of California et seq. <br />and covenants that it shall comply with Section 8855 of the Government Code of <br />California et seq. as amended (the “CDIAC Act”) throughout the Lease Term, including <br />(i) preparing, submitting and filing the report of the proposed debt issuance relating to <br />this Agreement by the method required by the California Debt and Investment Advisory <br />Commission (“CDIAC”), (ii) preparing, submitting and filing the report of final sale (and <br />accompanying documents) relating to this Agreement by the method required by CDIAC, <br />(iii) submitting an annual report relating to the report of final sale for this Agreement by <br />the method required by CDIAC, and (iv) paying all fees charged by CDIAC or the <br />CDIAC Act relating to this Agreement, including, but not limited to the fee in an amount <br />equal to one-fortieth of one percent of the Acquisition Amount or as otherwise <br />prescribed by the CDIAC Act. <br />(n) As of the date of execution and delivery of this Agreement, Lessee has not <br />granted any Lien on the Collateral that would be senior in priority to, or pari passu with, <br />the first priority Lien on the Collateral granted to Lessor under Section 6.02 of this <br />Agreement. <br />(o) The street addresses and legal descriptions affixed to the UCC-1 financing <br />statements and fixture filings filed and recorded pursuant to Section 3.04(vi), <br />Section 6.01 and/or Section 6.02 hereof are true, accurate and complete street addresses <br />and legal descriptions of all the properties on which the Equipment is located or to be <br />installed. In the event any street address, legal description, other information, UCC-1 <br />financing statement or fixture filing (or continuations or amendments thereof) filed or <br />recorded with respect to the Lessor’s interests in the Equipment or any of the real <br />property on which the Equipment is located or to be installed reflects any incorrect or <br />incomplete real property legal description, equipment description or other information, <br />Lessee shall take all steps necessary (with the Lessor’s prior written approval) to <br />promptly correct any errors or deficiencies with respect to such legal descriptions, street <br />address, other information, UCC-1 financing statements and/or fixture filings and to <br />protect Lessor’s interests in the Equipment. <br />286