14-101.00 HP Financial Services hp financial services
invent
May 15 2014
Dear Customer:
Thank you for choosing HP Financial Services as your leasing source.We are glad we could be of assistance in helping you get the technology solutions you
need for your business.To expedite the shipment of your equipment,it is very important for you to review the enclosed lease documents and to follow these
step-by-step instructions for completing your lease transaction.Please remember that your equipment can't be shipped until you complete and return these
documents.
1. Please carefully review the enclosed lease documents for the equipment you ordered from Hewlett Packard Public Sector Sales. IF ANY
CHANGES NEED TO BE MADE TO THESE DOCUMENTS,PLEASE CALL 888-277-5944 and ask for the documentation specialist
assigned to your geographic location.
2. Please have an individual authorized to sign legal documents sign,date and initial the documents where indicated.
3. PLEASE FAX THE EXECUTED LEASE,INCLUDING THE SCHEDULES AND EXHIBITS ATTACHED THERETO TO 1-888-277-
5945. We will start to process the transaction immediately upon receipt of these documents.
4. Per the terms of the lease agreement,you agree that you shall be deemed to have irrevocably accepted the equipment under any lease 10 business
days after shipment of the equipment to you unless we receive your written rejection prior to the end of the 10-day period. However,you agree to
execute and deliver to us a delivery and acceptance certificate upon our request. If a delivery and acceptance certificate is sent to you,when you
receive the equipment,please sign such delivery and acceptance certificate and the Schedule A to the lease agreement and return both to us by fax
at 1-888-277-5945."Acceptance Date"means the first business day following the expiration of such 10-day period or such other date set forth in
any delivery and acceptance certificate requested by us. The term of the lease shall begin on the Acceptance Date.
5. Your lease agreement requires that you provide proof of all risk replacement cost insurance coverage for the leased equipment,including all rents
and other amounts due and owing with respect to such equipment as of the date of payment.
6. Please request your Insurance Agent to provide us with a Certificate of Insurance naming"Hewlett-Packard Financial Services Company and
its assignees"as"Loss Payee(s)"under your business"All Risk"Property Insurance. The insurance certificate should also include:a)your
company name;b)your company address and equipment location;c)the insurance policy period;d)property and liability coverage amounts;and
e)your lease agreement number.After faxing the lease agreement to us,please contact your insurance agent to request coverage listing Hewlett-
Packard Financial Services Company and its assignees as"loss payee(s)" on your"All Risk"Property Insurance as soon as possible. YOUR
AGENT SHOULD PRINT OR TYPE YOUR LEASE AGREEMENT NUMBER(FROM THE UPPER RIGHT HAND CORNER OF
YOUR LEASE)ON THE INSURANCE CERTIFICATE AND FAX THE CERTIFICATE TO US AT(908)898-4177 OR MAIL IT TO
HEWLETT-PACKARD FINANCIAL SERVICES COMPANY AT 200 CONNELL DR, SUITE 5000, BERKELEY HEIGHTS, N.J.
07922.
7. You must also always maintain adequate commercial liability insurance coverage on your leased equipment. You must have"Hewlett-Packard
Financial Services Company and its assignees"named as an"additional insured(s)"under such liability coverage and upon our request,fumish us
with an insurance certificate showing that you have such coverage. The insurance certificate should also include:a)your company name;b)your
company address and equipment location;c)the insurance policy period;d)liability coverage amounts;and e)your lease number.
Again,thank you for choosing HP Financial Services as your leasing source. If you have any questions or concerns,please don't hesitate to call
us at 888-277-5944.
Sincerely,
Kyle Perazzone
Contract Administration Services
888-277-5944
Rev 12/4/12
(Ar] hp financial services
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200 CONNELL DRIVE,SUITE 5000
BERKELEY HEIGHTS, N.J. 07922
Business Lease Agreement
Lessee(Complete Legal Name):SPOKANE VALLEY,CITY OF Lease Agreement Number: 572E3651
This lease(including the attached Schedules A and B,this"Lease")refers throughout to Lessee as You agree to sign such other documents and take such other actions as we may require to accomplish
"you"or"your"and to Lessor as"we","us"or"our".In consideration of our purchase of the equipment the intent and purpose of this Lease.All of your representations,warranties and obligations hereunder
described on Schedule A(the"Equipment"),you hereby lease the Equipment from us for your business shall survive the termination of this Lease.All notices,demands and other communications required to
purposes only(and not for personal,family or household purposes),subject to all terms and conditions be given under this Lease shall be in writing and shall be deemed to have been given if delivered
of this Lease.You acknowledge that you selected the vendor as identified in Schedule A(the"Vendor") personally or mailed via certified mail or a nationally recognized ovemight courier service. TIME IS OF
and all such Equipment without our assistance.You agree that this Lease is a net lease so you will THE ESSENCE.THIS LEASE SHALL BE DEEMED FULLY EXECUTED AND PERFORMED IN THE
pay,by Lease payment increase or upon our demand,all costs,fees,taxes(e.g.property,sales STATE OF NEW JERSEY AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
and use taxes)or other charges connected with this Lease and the Equipment,as well as all WITH THE LAWS THEREOF.TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW,THE I
costs for insurance,repairs,maintenance,shipping,and filing fees.You authorize us to adjust PARTIES HERETO EXPRESSLY WAIVE ALL RIGHTS TO A TRIAL BY JURY IN ANY i
your Lease payment by up to twenty percent(20%)if the actual total cost of the Equipment at JURISDICTION. YOU WAIVE ANY STATUTORY PROVISIONS WHICH CONFLICT WITH THE
acceptance varies from the original estimate. Lease payments shall commence on the Acceptance TERMS OF THIS LEASE,INCLUDING BUT NOT LIMITED TO UCC ARTICLE 2A SECTION 303 AND
Date,as defined below,and are due in advance on the same date each month.You agree to pay a SECTIONS 608 THROUGH 622.You acknowledge that neither any Vendor nor any Equipment
one-time documentation fee in the amount specified in Schedule A with the first Lease payment to salesperson is an agent of ours nor are they authorized to waive or alter the terms of this Lease.
cover account-setup costs.If you do not elect to either purchase the Equipment,renew the Lease or Their representations in no way affect any of our rights and obligations as herein set forth.You
return the Equipment by the end of the Lease term in accordance with the terms of Schedule A hereto, agree that an executed copy of this Lease bearing our original manual signature and your signature
or you fail to comply with your obligations arising from the election,you will continue to pay the original (either an original manual signature or such signature reproduced by means of a reliable electronic
Lease payments for any full or partial month that you keep the Equipment. If you have selected either a form,such as a photocopy,facsimile or,if you have executed this Lease electronically as specified
FMV or a 10%End of Term Purchase Option(as indicated on Schedule A),then we and you intend this below,a printout of this Lease from our systems bearing your electronic signature),shall be marked
Lease to be a"Finance Lease"as defined in Article 2A of the Uniform Commercial Code(as enacted "Original"by us and shall constitute the only original document for all effective purposes;all other
and in effect in any applicable jurisdiction,the"UCC")and you authorize us to file a UCC financing copies shall be duplicates.To the extent this Lease constitutes chattel paper(as defined in the UCC),
statement to give public notice of our ownership of the Equipment. If you have selected a$1.00 End of no security interest in this Lease may be created except by possession or transfer of the executed copy
Term Purchase Option or if this Lease is otherwise deemed to be a-lease intended for security",then to marked"Original"by us.
secure payment and performance of your obligations under this Lease,you hereby grant us a purchase By signing and initialing a copy of this Lease where required below(either on paper or
money security interest in the Equipment and in all attachments,accessories,additions,products, electronically)and providing the deposit account information required by Schedule B,you are
replacements,and proceeds(induding insurance proceeds)to and of the Equipment,and a security agreeing to all of the terms and conditions of this Lease,including the terms and conditions
interest in any other equipment we have leased to or financed for you,and you authorize us to file a contained In Schedules A and B,each of which is hereby incorporated by reference into this
UCC financing statement to perfect such security interest. You hereby appoint us as your attorney-in- Business Lease Agreement. This Lease shall become effective upon our acceptance hereof but
fact to sign any UCC financing statements in your name and to modify Schedule A to reflect any Lease we will have no obligation to purchase the Equipment until you have accepted ft as set forth
payment adjustment provided for above and to complete or modify any Equipment description in below. To execute this Lease electronically,do the following: (1)type your name(if you are an
Schedule A or any related document to accurately describe the Equipment actually accepted by you. individual)or the name of the authorized person signing on your behalf on the signature line below;(2)
EXCEPT AS TO QUIET ENJOYMENT,WE MAKE ABSOLUTELY NO REPRESENTATIONS OR type the signer's name and title where indicated immediately below the signature line; (3)type the
WARRANTIES,EXPRESSED OR IMPLIED,INCLUDING NO WARRANTY OF MERCHANTABILITY signer's initials and today's date where indicated below,(4)type the signer's initials and dick"I Accept"
OR OF FITNESS FOR A PARTICULAR PURPOSE.You can only make any claim relating to the with your mouse where indicated at the bottom of each of Schedules A and B (in the case of Schedule
Equipment against the Vendor or manufacturer,and you waive any such claim against us.We hereby B,after typing in the required deposit account information);and(5)dick"Submit"with your mouse
assign any Equipment warranties during the Lease term for your exercise at your expense.WE WILL where indicated(collectively,your'ELECTRONIC SIGNATURE"). BY SO EXECUTING THIS LEASE
NOT BE LIABLE FOR INCIDENTAL,SPECIAL,INDIRECT,OR CONSEQUENTIAL DAMAGES.YOU ELECTRONICALLY,YOU AGREE TO CONDUCT THIS TRANSACTION IN ELECTRONIC FORM,
AGREE TO MAKE PAYMENTS TO US WHEN DUE,UNCONDITIONALLY,WITHOUT ABATEMENT AND UNDERSTAND AND AGREE THAT YOU ARE SIGNING AND AUTHENTICATING THIS LEASE
OR OFFSET FOR ANY CAUSE AND REGARDLESS OF ANY PROBLEMS WITH THE EQUIPMENT, AND AGREEING TO BE LEGALLY BOUND BY ITS TERMS. YOU ALSO UNDERSTAND THAT A
VENDOR,OR US AND YOU WAIVE ANY CLAIM OR DEFENSE TO ANY LEASE PAYMENT. RECORD OF THIS LEASE AND YOUR ELECTRONIC SIGNATURE WILL BE STORED IN
You agree to indemnity us against third party claims or other loss or damages,including attomeys'fees, ELECTRONIC FORM BY , YOU INTEND BOTH YOUR ELECTRONIC SIGNATURE AND THE
arising directly or indirectly out of Equipment defects,use,or operation,and whether arising out of 0 ECOR• •F I TO BE YOUR LEGAL SIGNATURE TO THIS LEASE.
breach of contract,tort,or strict or product liability.You agree not to move the Equipment or to transfer, ELECt / �E SI NATURE HERE AND BELOW
sell,sublease,or encumber either the Equipment or any rights under this Lease without our prior written ��C �',, ,��//
consent.We may a freely assign grrights and interests under this Lease notice to you oryourBYX f�/w �a•G�'E s /-ka«-4�i'
consent.You agree that our assignee will have the same rights and remedies as we do and that our //Pie assignee's rights will not be subject to any daims or defenses you may have against us. You and any Print Name and Title of Sign-pry: �•
guarantor hereby authorize us to sham information about you and any guarantor(induding personally ,/ READ CAREFULLY BEFORE SIGNING
identifiable information)with our assignees,potential assignees,the Vendor and other third parties
providing services to us. THIS LEASE IS NON-CANCELLABLE AND IS OUR FULL AND FINAL AGREEMENT,MERGING ALL PRIOR
We own the Equipment and,unless you have selected a$1.00 End of Term Purchase Option,we retain UNDERSTANDINGS,AND CANNOT BE MODIFIED OR TERMINATED EXCEPT BY A WRITTEN
MI benefits of ownership and you agree not to take any position inconsistent with our ownership. We AGREEMENT SIGNED BY YOU AND BY A CORPORATE OFFICER OF OUR COMPANY.YOU WARRANT
TO US T YOU HAVE RECEIVED, E
may inspect the Equipment and attach Equipment ownership labels.You are solely responsible for the CONTRACTCOVERING THE EQUIPMENTTTERM OF SALE AND WARRANTIES.YOU HEREBY
ONSUPPLY
installation,operation,and maintenance of the Equipment,will keep it in good condition,will use it in AUTHORIZE US TO PURCHASE THE EQUIPMENT IN RELIANCE SOLELY UPON YOUR STATEMENTS
compliance with applicable law,and will not attach it to building fixtures.You hereby agree that:(i) HEREIN.BY YOUR INITIALS BELOW,YOU SHALL BE DEEMED TO HAVE IRREVOCABLY ACCEPTED
you bear all risk of loss or damage to or from the Equipment arising prior to its return to us,(II) THE EQUIPMENT 10 BUSINESS DAYS AFTER SHIPMENT OF THE EQUIPMENT TO YOU UNLESS WE
you will provide to us a certificate showing that you have all risk replacement cost coverage for RECEIVE YOUR WRITTEN REJECTION PRIOR TO THE END OF THE 10-DAY PERIOD. HOWEVER,YOU
the Equipment,naming us and our assignees as loss payee(s);(iii)upon the occurrence of any AGREE TO EXECUTE AND DELIVER TO US•DELIVERY AND ACCEPTANCE CERTIFICATE UPON OUR
loss or damage to the Equipment,if you fail to timely repair or replace the Equipment(with REQUEST."ACCEPTANCE DATE"ME. .THE FIRST BUSINESS DAY FOLLOWING THE EXPIRATION
equipment satisfactory to us),you agree to Immediately pay us the replacement cost of the OF SUCH 10-DAY PERIOD••SUCH O' ER DATE SET FORTH IN ANY DELIVERY AND ACCEPTANCE
Equipment plus all lease payments and other amounts due and owing with respect to such CERTIFICATE REQUESTS'B US. •'E TERM OF THIS LEASE SHALL BE IN ON THE ACCEPTANCE
Equipment,and(iv)YOU AGREE TO MAINTAIN ADEQUATE LIABILITY INSURANCE COVERAGE DATE (INITIAL):X DATE: LS � �'�
FOR THE EQUIPMENT,NAMING US AND OUR ASSIGNEES AS ADDITIONAL INSURED(S)AND, •
UPON OUR REQUEST,TO FURNISH TO US A CERTIFICATE SHOWING THAT YOU HAVE SUCH ACCEPTED:Y:Ha LETT-P�' •-D FINANCIAL SERVICES COM N'
COVERAGE. 14 11
You do not and will not 1)export,re-export,or transfer any Equipment,software,source code or any BY / / "- '
DATE:
direct product thereof to a prohibited destination, or to nationals of proscribed countries wherever /
located,without prior authorization from the United States and other applicable governments;and 2) GUARANTY
use any Equipment,software or technology,technical data,or technical assistance related thereto or
the products thereof in the design, development, or production of nuclear, missile, chemical, or - - - - -- - - - -- - - --- ----- -- --
... ....... .
biological weapons or transfer the same to a prohibited destination, or to nationals of proscribedcountries,without prior authorization from the United States and other applicable governments.You are •• - -•-• +- ••�' - ••• -•+-• -••- '' --• - - --' -- -
not an entity or person designated by the United States govemment or any other applicable - - -'• `°'_ - _ - - -
government with which transacting business without the prior consent of such govemment is prohibited. • "- -- --- - -If you do not pay or perform any obligation under this Lease within 10 days of when such payment or -
performance is due,or you or any guarantor die,become insolvent or unable to pay debts when due; - -• - .. - _•-
stop doing business as a going concern;merge,consolidate,transfer all or substantially all of your ... _ ... •-_ __ .. •• .-. __ - _ - _ _ _ _ .-
assets;make an assignment for the benefit of creditors,file bankruptcy,appoint a trustee or receiver or
undergo a material adverse change in your financial or operating condition,we can do any or all of the
following (1) accelerate without notice all payments provided for in this Lease, (2) immediately .: _ _ - - ••- _
repossess the Equipment, (3)collect all costs of collection,including any bad check charges and •• .- _ -- '
reasonable attorneys'fees,(4)collect lost tax benefits and all unpaid amounts due hereunder,(5)sell • - -• • - •• - - -' - - - - "-
or relet the Equipment,and(6)exercise all other remedies at law or equity.If we do not receive any - -• - - - - - - •. - - -payment when due,you will pay a one-time late charge on any overdue payment equal to the greater of - -
$.10 per dollar for each late payment,or$15(to compensate for the cost and expense of collecting and
processing the late payment),plus a charge of 1-1/2%of the late payment for every month after the first
month in which the payment is late(for damages including our inability to reinvest the late amount),but BY:X Soc.Sec 8:
in any case,never to exceed more than the maximum charge allowed by law. In addition,if you are
delinquent in payment, you agree to pay the actual out-of-pocket expenses incurred by us in our
collection efforts(including,but not limited to,any bad check charges).Your payments may be applied,
as we elect,first to the oldest amount due.Our action or failure to act on any one remedy shall not
constitute an election of such as our sole remedy. Any provision of this Lease is severable if
unenforceable.Any action or claim by you against us shall be commenced within one year after the cause of action arises or be forever barred. Authorized to do easiness in the name of Hewlett-Packard Financial Company Inc.in Alabama and New York.
Rev 12/4/12
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Schedule A to Business Lease Agreement
Lease Agreement Number:572E3651
Lessee(full legal name): SPOKANE VALLEY,CITY OF
Billing Address:: 11707 E Sprague Ave Tax ID Number:
City:SPOKANE VALLEY County:SPOKANE State:: WA Zip: 99206
Telephone Number(including area code):5097205050 Fax Number(including area code):
Equipment Description: See Attached Annex 1 To The Schedule
Equipment Location:(if different from Billing Address)
Street Address: 11707 E SPRAGUE AVE STE 106
City EgaltaliffileitelEBVrxb o-e V4t-LZ'f County: SPOKANE State:WA Zip:99206
Area Code/Phone No Area Code/Fax No.:
Vendor Information(name): Hewlett Packard Public Sector Sales
Monthly Lease Payment:
Term:36 months End-of-Term Option:FMV $763.50
Advance Lease Payment: $0_00 Documentation Fee:$0_00
(The payment of any Advanced Lease Payment reflected herein shall be a condition to Lessor's Total First Payment:
agreement to this Lease and may include one or more of the following:(a)applicable taxes,(b)"Monthly $0_00
Lease Payment(s)in Advance"(defined herein below),and/or(c)any other"Up-front Payment"(defined (The Total First Payment shall include any
herein below)."Monthly Lease Payment(s)in Advance"shall mean such lease payments required upon Advance Lease Payment and Documentation
the execution of this Lease and shall held as a non-refundable and non-interest bearing deposit which Fee.)
will be co-mingled with other funds,credited first against the first lease payment due with any excess to
be credited against the last Lease payment(s)due."Up-front Payment"shall mean such amount
determined by Lessor required upon the execution of this Lease and shall be credited against the
original cost of the Equipment leased under this Lease.
LESSEE'S END OF TERM OPTIONS:
If you have on a timely basis fully complied with all the terms and conditions of this Lease,you may choose to exercise one of the following options upon the natural
expiration of the term or any extension or renewal term,provided however,you must give us written notice not less than ninety(90)days before expiration of the relevant
term:
1. PURCHASE OPTIONS: You may purchase the Equipment for the Purchase Price(as defined below)on an"all or none" and"as-is,where-is"basis,without any
representations or warranties,including no warranties of merchantability or fitness for a particular purpose. "Purchase Price"means(a)if you have selected a FMV End of
Term Purchase Option(as indicated above),the then"Fair Market Value"(as defined below)of the Equipment(plus all applicable taxes),or(b)if you have selected a 10%
End of Term Purchase Option(as indicated above),an amount equal to ten percent(10%)of the original Equipment cost(plus all applicable taxes),or(c)if you have
selected a$1.00 End of Term Purchase Option(as indicated above),an amount equal to one dollar($1.00)(plus all applicable taxes). "Fair Market Value"means the price
that a willing buyer(who is neither a lessee in possession nor a used equipment dealer)would pay for the Equipment in an arm's-length transaction to a willing seller under
no compulsion to sell;provided however,that in such determination:(i)the Equipment will be assumed to be in the condition in which it is required to be maintained and
returned under this Lease,(ii)in the case of any installed Equipment,that Equipment shall be valued on an installed basis, and(iii)costs of removal from the current
location shall not be a deduction from such valuation.If you and we are unable to agree on the Fair Market Value of the Equipment at least thirty(30)days before Lease
expiration, we will appoint an independent appraiser(reasonably acceptable to you and at your expense) to determine the Fair Market Value and such appraiser's
determination will be final,binding and conclusive.
2. RENEWAL OPTION:You may renew the Lease at the then Fair Market Rental Value."Fair Market Rental Value"means the amount of periodic rent that would be
payable for the Equipment in an arm's length transaction between an informed and willing lessee and an informed and willing lessor,neither under compulsion to lease.
Such amount will not be reduced by the costs of removing any Equipment from its current location or moving it to a new location. In the event of such an election,Lessee
shall enter into a mutually agreeable renewal agreement with Lessor on or before the last day of the then applicable term confirming the period for which the Lease is to be
renewed(the"Renewal Term"),and the amount of Rent and the times at which such Rent is to be payable during the Renewal Term.
3. EQUIPMENT RETURN OPTION,PACK AND SHIP: You may retum all the Equipment in a single shipment by(a)removing any of your labels,tags or other
identifying marks on the Equipment and wiping clean or permanently deleting all data contained on the Equipment,including without limitation,any data contained on
internal or extemal drives,discs or accompanying media,(b)carefully de-installing the Equipment in accordance with the manufacturer's specifications and guidelines,
specifically including removal of any ink cartridges from printer Equipment,and(c)delivering the Equipment to us,for pick-up by our designated carrier at a loading
dock at your facilities located at 11707 E Sprague Ave Ste 106,Spokane Valley,WA,99206,which must be accessible to a full size tractor trailer and not require the use
of union labor(the"Designated Pick-up Location"). In the case of any operating system software to be retumed to us,you shall also deliver to us the original certificate
of authenticity issued by the licensor of such software,if any,the end user license agreement,any CD-ROM,diskettes or other media relating to such software and any
other materials originally delivered to you with such software. Tender of Equipment for return to us shall be made at a mutually agreeable time during normal business
hours and you shall provide us with not less than five(5)business days advance notice for any requested pick up.We shall cause our authorized carrier to pack the
Equipment,pick up the Equipment at the Designated Pick-up Location,and to ship the Equipment,insured,to our designated return facility. So long as no Default has
occurred,and you tender all of the Equipment for a single shipment at the Designated Pick Up Location,all actual charges from the Designated Pick-up Location to
Lessor's return facility shall be borne by us;provided,however,that you shall pay all actual costs of any Equipment packing,transportation,in-transit insurance and
shipping if:(a)you tender less than all of the Equipment or require multiple shipments for the return of the Equipment;(b)you tender the Equipment at a location other
than the Designated Pick-up Location;or(c)you are in default of your obligations under this Agreement.All Equipment shall be retumed to us in the same condition and
working order as when delivered to you,reasonable wear and tear excepted,and,except in the case of PC Equipment and Software,shall qualify for maintenance service
by the Supplier at its then standard rates for Equipment of that age,if available. You shall be responsible for,and shall reimburse us promptly on demand for,the cost of
returning the Equipment to good working condition or,in the case of Equipment other than PC Equipment and Software,qualifying the Equipment for the Supplier's
maintenance service,if available. The return of the Equipment shall constitute a full release by you of any leasehold rights or possessory interest in the Equipment.
4.AUTOMATIC EXTENSION.IF THE LEASE DOES NOT CONTAIN A$1.00 END-OF-TERM PURCHASE OPTION,AND YOU FAIL TO DELIVER TO
US THE END-OF-TERM NOTICE NOT LESS THAN NINETY(90)DAYS BEFORE THE EXPIRATION OF THE RELEVANT TERM,THEN,WITHOUT
ANY ADDITIONAL NOTICE OR DOCUMENTATION,THE THEN RELEVANT TERM SHALL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE
CALENDAR MONTHS WITH RESPECT TO ALL ITEMS OF EQUIPMENT SUBJECT TO THIS LEASE THROUGH THE END OF THE CALENDAR
MONTH FALLING AT LEAST 90 DAYS AFTER THE DATE YOU SHALL HAVE DELIVERED TO US AN END-OF-TERM NOTICE WITH RESPECT TO
THIS LEASE AND ALL OTHER PROVISIONS OF THE LEASE SHALL CONTINUE TO APPLY. IF YOU DELIVER SUCH END-OF-TERM NOTICE,
Rev 12/4112
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BUT SHALL HAVE SUBSEQUENTLY FAILED TO COMPLY WITH ITS OBLIGATIONS ARISING FROM THE ELECTIONS SPECIFIED THEREIN;
THEN THE THEN APPLICABLE TERM OF THIS LEASE SHALL, WITHOUT ANY ADDITIONAL NOTICE OR DOCUMENTATION, BE
AUTOMATICALLY EXTENDED. FOR EACH CALENDAR MONTH THAT THE THEN APPLICABLE TERM OF THIS LEASE IS SO EXTENDED,YOU
SHALL PAY TO US LEASE P, NTS IN AN AMOUNT EQUAL TO THE MONTHLY LEASE PAYMENT IN EFFECT IMMEDIATELY PRIOR TO
SUCH EXTENSION AND AL OTHER PROVISIONS OF THE LEASE SHALL CONTINUE TO APPLY.
LESSEE(INITIAL):X,j I
Rev 12/4/12
•
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Quote Number 9494568-4
Annex 1 To The Schedule
Equipment Schedule Number 572E3651 Forming Part of Lease#572E3651 between Lessor and SPOKANE VALLEY,CITY OF Lessee
Equipment Description:
r.
ORODIICT QUANTITY TYfI?E �' t1(+IIT T TOTAL.AMOUNT
DESCRIPTION
JWil gizv,
HP ProDesk 600 8 HARDWARE $914.88 $7,319.04
GI Tower Desktop
HP ProDesk 600 31 HARDWARE $697.88 $21,634.28
GI Tower Desktop
Total $28,953.32
The described items constitute all the equipment covered by the above
referenced lease.
LESSEE(INITIAL):X
Rev 1214/12
STATE AND LOCAL GOVERNMENT ADDENDUM (" D ENDUM")TO BUSINESS
LEASE AGREEMENT NO. 572E3651 DATED , 2014, BETWEEN
HEWLETT-PACKARD FINANCIAL SERVICES COMPAN AND POKANE VALLEY, CITY OF
AND ANY AND ALL SCHEDULES AND EXHIBITS THERETO (TOGETHER, THE"LEASE")
The parties to the above-captioned Lease hereby agree that the following provisions shall be incorporated into the Lease
and made a part thereof. Capitalized or other terms defined in the Lease and used in this Addendum shall have the
meanings ascribed to them in the Lease unless otherwise expressly defined herein.
NONAPPROPRIATION. Notwithstanding anything contained in this Lease to the contrary, in the event that sufficient funds
are not appropriated and budgeted by your governing body or are not otherwise available from other legally available
sources in any fiscal period as noted below ("Fiscal Period") for the Lease payments and other amounts due under the
Lease, the Lease shall terminate on the last day of your Fiscal Period for which appropriations were received or other
amounts are available to pay amounts due under the Lease without penalty or expense to you of any kind whatsoever,
except as to the portions of payments due under the Lease or other amounts herein agreed upon for which funds shall
have been appropriated or are otherwise available. You will immediately notify us or our assignee of the occurrence of
nonappropriation. In the event of such termination, you shall, at your sole expense and risk, immediately return the
Equipment to us. Upon return, the Equipment must be in the same condition as when you first received it(excepting only
reasonable wear and tear)and include all original parts, attachments and accessories. If requested, you agree to execute
and deliver to us all documents we reasonably request to evidence the transfer of legal and beneficial title to such
Equipment to us, if applicable, and to evidence the termination of your interest in such Equipment. We will have all legal
and equitable rights and remedies to take possession of the Equipment. At our request, you shall promptly provide
supplemental documentation as to such nonappropriation satisfactory to us. Our exercise of rights pursuant to this
Addendum shall not affect the survival of any indemnity and other provisions (other than the obligation to make the
payments due under the Lease through the end of the then current Fiscal Period), which survive the termination of the
Lease.
LESSEE WARRANTIES. You represent,warrant and covenant to us with respect to the Lease that: (a)you are an agency
or department of, or a political subdivision of the state in which you are located; (b)you have the power and authority to
enter into the Lease; (c)since the date of your most recent annual financial statement,there has been no material adverse
change in your financial condition, or the level of assessment or collection of taxes by you; (d)the Equipment is essential to
your immediate performance of a governmental or proprietary function within the scope of your authority and will be used
during the Initial Term only by you and only to perform such function; (e)you intend to use the Equipment for the entire
Initial Term of the Lease; (f)you have complied fully with all applicable law governing open meetings, public bidding and
appropriations required in connection with the Lease and the acquisition of the Equipment;(g)there has been no material
change in the budget for your current Fiscal Period since its adoption and such budget was prepared in accordance with
generally accepted accounting principles in the United States in effect at that time; (h)your obligations to make the
scheduled Lease payments and any other amounts due under the Lease constitute your current expense and not debt
under applicable state law; and(i)no provision of the Lease constitutes a pledge of your taxes or general revenues.
CHOICE OF LAW. THIS LEASE SHALL BE GOVERNED BY THE INTERNAL LAWS(AS OPPOSED TO CONFLICTS OF
LAW PROVISIONS)OF THE STATE OF THE EQUIPMENT LOCATION.
SELF-INSURANCE. Upon our prior written consent, in lieu of maintaining insurance obtained by third party insurance
carriers,you may self-insure with respect to the risks described in the Lease, provided that our interests are protected to
the same extent as if the insurance had been obtained by third party insurance carriers and provided further that such self-
insurance program is consistent with prudent business practices with respect to such insurance risk.
INDEMNITY. The various indemnifications granted by you in the Lease shall be limited to the extent required by your
applicable state law.
GUARANTY. All terms and conditions in the Lease relating to a guarantor or to a guaranty shall not apply to you or to your
Lease.
COLLATERAL INSURANCE PROGRAM. None of the terms and conditions in the Lease relating to the Collateral
Insurance Program shall apply to you or to your Lease.
PAYMENT IN ARREARS. All regularly scheduled Lease payments due by you under the Lease shall be payable in
arrears.
DEPOSIT ACCOUNT INFORMATION. You shall not be required to provide to us your deposit account information;we
shall not initiate debit entries to your checking account as described in the Lease.
NON-ASSIGNABILITY BY US. Notwithstanding any other terms or conditions set forth in the Lease to the contrary,we
hereby agree that we shall not and will not sell, discount,factor, hypothecate or otherwise dispose of our interest in the
Equipment or the Lease. (
Your Fiscal Period is a twelve month period ending on /A 3 I (.
Except as specifically modified herein, all provisions of the Lease shall remain unchanged and in full force and effect. In
the event of a conflict between the terms of the Lease and the terms of this Addendum,the terms of this Addendum shall
control.
IN WITNESS WHEREOF,the parties have caused this Addendum to be executed by their respective duly authorized
representatives as of the date first set forth above.
LESS E: SPS.. •NE VALLEY, CITY OF HEWLETT-PACKARD FINANCIAL SERVICES COMPANY
ny: 4
By: 711,6,1rne----
Name: A >/, A-t_tr9)i Name: K. 'C'i_ ?e( -2iZ0►ne-
Title: CI-A; /116.-7t /�,2 aiceTitle: Cb 5