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-10- <br />(G) Compliance with Tax Documents. Lessee will comply with the <br />provisions of the tax certificate and use of proceeds certificate with respect to the <br />Agreement, which are incorporated herein as if fully set forth herein. <br />The representations, warranties and covenants of this subsection (v) will survive <br />payment in full of the Agreement. <br />ARTICLE III <br />Section 3.01. Lease of Equipment. Subject to the terms and conditions of this Agreement, <br />Lessor agrees to provide the Acquisition Amount to acquire and install the Equipment. Lessor <br />hereby demises, leases and transfers to Lessee, and Lessee hereby acquires, rents and leases from <br />Lessor, the Equipment. The Lease Term may be continued, solely at the option of Lessee, at the <br />end of the Original Term or any Renewal Term for the next succeeding Renewal Term up to the <br />maximum Scheduled Term as set forth in the Payment Schedule. At the end of the Original <br />Term and at the end of each Renewal Term until the maximum Scheduled Term has been <br />completed, Lessee shall be deemed to have exercised its option to continue this Agreement for <br />the next Renewal Term unless Lessee shall have terminated this Agreement pursuant to <br />Section 3.03 or Section 10.01 of this Agreement. The terms and conditions during any Renewal <br />Term shall be the same as the terms and conditions during the Original Term, except that the <br />Rental Payments shall be as provided in the Payment Schedule. <br />Section 3.02. Continuation of Lease Term. Lessee intends, subject to Section 3.03 hereof, <br />to continue the Lease Term through the Original Term and all Renewal Terms and to pay the <br />Rental Payments due hereunder. Lessee affirms that sufficient funds are legally available to pay <br />all Rental Payments when due during the current fiscal year, and Lessee reasonably believes that <br />an amount sufficient to make all Rental Payments during the entire Scheduled Term can be <br />obtained from legally available funds of Lessee. Lessee further intends to do all things lawfully <br />within its power to obtain and maintain funds sufficient and available to discharge its obligation <br />to make Rental Payments due hereunder, including making provision for such payments to the <br />extent necessary in each budget or appropriation request submitted and adopted in accordance <br />with applicable provisions of law. Notwithstanding the foregoing, the decision whether or not to <br />budget and appropriate funds or to extend the Lease Term for any Renewal Term is within the <br />sole discretion of the governing body of Lessee. <br />Section 3.03. Non-appropriation. Lessee is obligated only to pay such Rental Payments <br />as 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 term <br />beyond such Original Term or Renewal Term. If this Agreement is terminated in accordance <br />with this Section 3.03, Lessee agrees to cease use of the Equipment and peaceably remove and <br />289