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019 <br />NON APPROPRIATION RIDER <br />This Non - Appropriation Rider to the Master Equipment Lease No. TSM03438NE -QL dated as of November 18, 2011 <br />(the "Lease "), is by and between DDI Leasing, Inc. (Lessor) and Lee, County Of (Inc) (Lessee). Capitalized terms <br />used herein without definition shall be defined as provided in the Lease. <br />Notwithstanding anything contained in the Lease to the contrary, <br />1. Lessee presently intends to continue the Lease for its entire term and to pay all rentals or other payments relating <br />thereto and shall do all things lawfully within its power to obtain and maintain funds from which the rentals and all other <br />payments owing thereunder may be made. To the extent permitted by law, the person or entity in charge of preparing <br />Lessee's budget will include in the budget request for each fiscal year during the term of the Lease the rentals to <br />become due in such fiscal year, and will use all reasonable and lawful means available to secure the appropriation of <br />money for such fiscal year sufficient to pay all rentals coming due therein. The parties acknowledge that appropriation <br />for rentals is a governmental function which Lessee cannot contractually commit itself in advance to perform and the <br />Lease does not constitute such a commitment. However, Lessee reasonably believes that moneys in an amount <br />sufficient to make all rentals can and will lawfully be appropriated and made available to permit Lessee's continued <br />utilization of the Equipment in the performance of its essential functions during the term of the Lease. <br />2. If Lessee's goveming body fails to appropriate sufficient moneys in any fiscal year for rentals or other payments due <br />under the Lease and if other funds are not available for such payments, then a "Non- Appropriation" shall be deemed to <br />have occurred. If a Non - Appropriation occurs, then: (i) Lessee shall give Lessor immediate notice of such Non - <br />Appropriation and provide written evidence of such failure by Lessee's governing body at least sixty (60) days prior to <br />the end of the then current fiscal year or if Non - Appropriation has not occurred by that date, immediately upon such <br />Non - Appropriation; (ii) no later than the last day of the fiscal year for which appropriations were made for the rentals due <br />under the Lease (the "Return Date'), Lessee shall return to Lessor all, but not less than all, of the Equipment covered by <br />the Lease, at Lessee's sole expense, in accordance with the terms hereof; and (iii) the Lease shall terminate on the <br />Return Date without penalty or expense to Lessee and Lessee shall not be obligated to pay the rentals beyond such <br />fiscal year, provided, that Lessee shall pay all rentals and other payments due under the Lease for which moneys shall <br />have been appropriated or are otherwise available, provided further, that Lessee shall pay month -to -month rent at the <br />rate set forth in the Lease for each month or part thereof that Lessee fails to return the Equipment as required herein. <br />3. The Lease shall be deemed executory only to the extent of monies appropriated and available for the purpose of <br />the Lease, and no liability on account thereof shall be incurred by the Lessee beyond the amount of such monies. <br />The Lease is not a general obligation of the Lessee. Neither the full faith and credit nor the taxing power of the <br />Lessee are pledged to the payment of any amount due or to become due under the Lease. It is understood that <br />neither the Lease nor any representation by any public employee or officer creates any legal or moral obligation to <br />appropriate or make monies available for the purpose of the Lease. <br />4. The Lessee and Lessor agree that they intend the Lease to be an operating lease and that by the execution <br />thereof, Lessee acquires no ownership interest in the Equipment whether vested or contingent. The Lessee's <br />interest in the Equipment is limited to that of a lessee and Lessor retains all the rights of owner therein. Any <br />provisions indicating to the contrary in this Rider are for precautionary purposes only. <br />IN WITNESS WHEREOF, each of the parties hereto has caused this Rider to be executed as of the day of <br />,20 <br />DDI Leasing, Inc. Lee, County Of (Inc) <br />(Lessor) (Lessee) <br />Z <br />(Date) <br />(Date) <br />Name/Title NamerTitle <br />