Addendum - Konica - 2010-09-08 a
e
I<ONICA MINOLTA
NON-APPROPRIATION ADDENDUM
ADDENDUM TO Agreement No. 931711 between Konica Minolta Premier Finance, Lessor
And Costa Mesa Sanitary District Lessee
(Full Legal Name of Lessee)
Dated: 9/8/2010
FOR MUNICIPALITIES ONLY
A. CUSTOMER COVENANTS. You covenant and warrant that (1) it has, in accordance with the requirements of law, fully budgeted and
appropriated sufficient funds for the current budget year to make the payments scheduled to come due and to meet its other obligations under
the Agreement and such funds have not been expended for other purposes;and
(2) that there is no action,suit,proceeding or investigation pending,or threatened in any court or other tribunal or competent junsdiction,state or
federal or before any public board or body, which in any way would (a) restrain or enjoin the delivery of the Agreement or the ability of you to
make its Base Payments(as set out above);(b)contest or affect the authority for the execution or delivery of,or the validity of,the Agreement;or
(c)contest the existence and powers of you;nor is there any basis for any such action,suet,proceeding or investigation;and
(3) That the equipment will be operated and controlled by you and will be used for essential government purposes and will to be essential for the
term of the Agreement.
(4) You have not previously terminated a rental for non-appropnation, except as specifically described in a letter appended hereto.
B. SIGNATURES. Each signor (two if monthly payment exceeds $1,200) warrants that he/she is fully conversant with the governing relevant
legal and regulatory provisions and has full power and authorization to bind you. Signor(s) for you further warrant(s) its goveming body has
taken the necessary steps; including any legal bid requirements, under applicable law to arrange for acquisition of the Equipment;the approval
and execution has been in accordance with all applicable open meeting laws; and that a resolution of the goveming body of you authorizing
execution of the Agreement has been duly adopted and remains in full force and effect.
C. NON APPROPRIATION: In the event you are in default under the Agreement because'
1. Funds are not appropriated for a fiscal period subsequent to the one in which the Agreement was entered into which are sufficient to satisfy all
of your obligations under the Agreement during said fiscal period;
2. Such non-appropnation did not result from any act or failure to act of you;
3. You have exhausted all funds legally available for all payment due under the Agreement;and
4. There is no other legal procedure by which payment can be made to Lessor.
Then,provided that(a)you have given Lessor written notice of the occurrence of paragraph C 1 above thirty(30)days prior to such occurrence;
(b) Lessor has received a written opinion from your counsel verifying the same within ten (10) days thereafter, and (c) you do not directly or
indirectly purchase, rent or in any way acquire any services or Equipment supplied or provided for hereunder; upon receipt of the equipment
delivered to a location designated by Lessor, at your expense, Lessors remedies for such default shall be to terminate the Agreement at the end
of the fiscal period during which notice is given; retain the advance payments, if any' and/or sell, dispose of, hold, use or rent the equipment as
Lessor in its sole discretion may desire,without any duty to account to you.
Approved and agreed to as an Addendum to and part of the Agreement,this 8 day of September.
LESSOR ACCEPTANCE
Konica Minolta Premier Finance
DATED LESSOR SIGNATURE TITLE
CUSTOMER ACCEPTANCE
9/8/2010 Costa Mesa Sanitary District X� ' General Manager
DATED FULL LEGAL NAME OF CUSTOMER l/-SIGNATURE TITLE
95-6003939 yJ Cow ccN"-
FEDERAL TAX I D Y PRINT NAME
24884 02/05/2009