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24-086Dell2024LeaseReplacement LEASE NO: 001 - 8922117- 024 Dell Financial ORIGINAL Assigned To Dell Equipment Funding L.P. Services Your Dell Customer Number is: 29765206 Company No: 84 THIS LEASE AGREEMENT("LEASE")SETS FORTH YOUR RESPONSIBILITIES AND OBLIGATIONS WITH REGARD TO YOUR LEASE OF THE PRODUCTS. IF YOU WISH TO ENTER INTO THIS LEASE ELECTRONICALLY, PLEASE FOLLOW THE INSTRUCTIONS PROVIDED. YOUR ELECTRONIC SIGNATURE WILL CONSTITUTE YOUR AGREEMENT TO DO BUSINESS AND RECEIVE ALL RELATED RECORDS ELECTRONICALLY. SAVE AND DOWNLOAD OR PRINT A COPY OF THE LEASE AND ACCOMPANYING E-MAILS AND RETAIN THEM FOR YOUR RECORDS. THIS LEASE HAS BEEN WRITTEN IN "PLAIN ENGLISH". WHEN WE USE YOU AND YOUR IN THIS LEASE WE MEAN YOU, THE CUSTOMER WHO IS THE LESSEE INDICATED BELOW. WHEN WE USE WE, US AND OUR WE MEAN THE LESSOR,DELL FINANCIAL SERVICES L,L.C. FULL LEGAL NAME OF LESSEE LEASE TERM MONTHLY RENT MONTHLY COMMENCEMENT (MONTHS) PAYMENT" PERSONAL DATE CITY OF SPOKANE VALLEY 36 PROPERTY MGMT FEE" 17 $2,266.79 $0,00 "Subject to Applicable Tax "Subject to Applicable Tax DBA NAME(IF ANY) TYPE OF BUSINESS FINANCING TERMS Municipality Product Cost= $90,671.58 (MONTHLY RENT PAYMENTS ARE DUE AND PAYABLE IN ARREARS) BILLING ADDRESS:STREET,CITY,STATE, ;'Shipping Charges are not included in the Monthly Rental ZIP CODE Payment, and will appear as a one time charge on your first invoice. 10210 E SPRAGUE AVE SPOKANE VALLEY,WA 99206 PRODUCT LOCATION GENERAL PRODUCT DESCRIPTION/SUPPLIER SEE ATTACHMENT A SEE ATTACHMENT A GUARANTOR(IF ANY) END OF LEASE PURCHASE OPTION Fair Market Value --. 710914170 FEDERAL EMPLOYER IDE TIFICATION # Step 1. If your FEI number is not pre-printed,you MUST provide it in the box above. TERMS AND CONDITIONS OF LEASE 1. NO WARRANTIES: WE ARE LEASING THE PRODUCTS TO YOU"AS-IS". YOU ACKNOWLEDGE THAT WE DO NOT MANUFACTURE OR SUPPLY THE PRODUCTS,WE DO NOT REPRESENT THE MANUFACTURER OR SUPPLIER AND YOU HAVE SELECTED THE PRODUCTS AND THE SUPPLIER BASED ON YOUR OWN JUDGMENT. WE MAKE NO WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED,INCLUDING THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE PRODUCT OR ANY SERVICES. PROVIDED NO EVENT OF DEFAULT HAS OCCURRED AND IS CONTINUING,WE HEREBY ASSIGN TO YOU FOR THE TERM OF THE LEASE ALL WARRANTIES MADE TO US BY SUPPLIER, MANUFACTURER, AND ANY SERVICE PROVIDER TO YOU, AND YOU AGREE THAT YOU WILL MAKE ALL CLAIMS OF ANY KIND RELATING TO THE PRODUCTS OR SERVICES AGAINST SUCH SUPPLIER, MANUFACTURER,AND/OR SERVICE PROVIDER. 2. ACCEPTANCE; ENTIRE AGREEMENT; DELIVERY; ELECTRONIC SIGNATURES AND RECORDS: BY SIGNING THIS LEASE: (a) YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED, READ, UNDERSTAND AND AGREE TO ALL OF THE TERMS AND CONDITIONS (SECTIONS NUMBERED 1-19, PAGES 1-5) AND ATTACHMENT A OF THIS LEASE; (b)YOU AGREE THAT THIS LEASE IS A NET LEASE AND YOU CANNOT TERMINATE OR CANCEL AND UPON ACCEPTANCE OF THE PRODUCTS YOU HAVE AN UNCONDITIONAL OBLIGATION TO MAKE ALL PAYMENTS UNDER THIS LEASE AND YOU CANNOT WITHHOLD, SETOFF OR REDUCE SUCH PAYMENTS FOR ANY REASON; (c) YOU AGREE THAT THE PRODUCTS WILL BE USED FOR BUSINESS PURPOSES ONLY AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES; (d) YOU CONFIRM THAT THE PERSON SIGNING THIS LEASE FOR YOU HAS THE AUTHORITY TO DO SO; (a)YOU AGREE THAT THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND TO THE EXTENT APPLICABLE,THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT AND YOU CONSENT TO THE JURISDICTION OF ANY COURT LOCATED WITHIN THAT STATE AND YOU EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY; (f) YOU ACKNOWLEDGE AND AGREE THAT THIS LEASE IS SUBJECT TO THE ARBITRATION PROVISIONS SET FORTH IN SECTION 16 AND YOU UNDERSTAND AND AGREE THAT IN ARBITRATION: YOU GIVE UP RIGHTS TO SEEK REMEDIES IN COURT, INCLUDING THE BSD Page 1 of 5 Sep2018.42st1ease LEASE NO: 001 -8922117-024 RIGHT TO A JURY TRIAL; YOUR ABILITY TO COMPEL OTHER PARTIES TO PRODUCE DOCUMENTS OR BE EXAMINED IS MORE LIMITED THAN IN A LAWSUIT;AND,YOUR RIGHTS TO APPEAL OR CHANGE ANY ARBITRATION AWARD IN ANY COURT ARE STRICTLY LIMITED;AND(g)YOU CONFIRM THAT THE INFORMATION IN ANY CREDIT APPLICATION, STATEMENT,TRADE REFERENCE OR FINANCIAL REPORT SUBMITTED TO US IS TRUE AND CORRECT AND YOU UNDERSTAND THAT ANY MATERIAL MISREPRESENTATION SHALL CONSTITUTE A DEFAULT UNDER THE LEASE. YOU AGREE TO BE BOUND BY THIS LEASE BY SIGNING IT. SIGNING AND RETURNING THIS LEASE AGREEMENT CONSTITUTES AN OFFER BY YOU TO LEASE THE PRODUCTS DESCRIBED IN ATTACHMENT A. THE LEASE AGREEMENT iS SUBJECT TO ACCEPTANCE BY DELL FINANCIAL SERVICES. DELL FINANCIAL SERVICES MAY ACCEPT THIS LEASE AGREEMENT BY PAYING THE SUPPLIER THE COST OF THE PRODUCTS OR BY AUTHENTICATING THE LEASE AGREEMENT. IF YOU WISH TO ENTER INTO THIS LEASE ELECTRONICALLY,YOUR ELECTRONIC SIGNATURE WILL CONSTITUTE YOUR AGREEMENT TO DO BUSINESS AND RECEIVE ALL RELATED RECORDS ELECTRONICALLY. OTHERWISE, YOU MUST SIGN THIS LEASE BY COMPLETING THE SIGNATURE BOX ON A PRINTED COPY OF THE LEASE AND RETURN IT TO US EITHER BY FACSIMILE TRANSMISSION OR BY U.S. MAIL. IF YOU DELIVER THIS SIGNED LEASE TO US, AND WE DO NOT RECEIVE ALL OF THE PAGES TO THE LEASE, YOU AGREE THAT, EXCEPT FOR ANY PAGES WHICH REQUIRE YOUR SIGNATURE, WE MAY SUPPLY THE MISSING PAGES TO THE LEASE FROM OUR DATABASE WHICH CONFORMS TO THE VERSION NUMBER AT THE BOTTOM OF THE PAGE. YOU ACKNOWLEDGE THAT WE ARE RELYING ON YOUR REPRESENTATION THAT THiS LEASE HAS NOT BEEN ALTERED, YOU FURTHER AGREE THAT, NOTWITHSTANDING ANY RULE OF EVIDENCE TO THE CONTRARY, IN ANY HEARING, TRIAL OR PROCEEDING OF ANY KIND WITH RESPECT TO THIS LEASE, WE MAY PRODUCE A TANGIBLE COPY OF THE LEASE ELECTRONICALLY SIGNED OR TRANSMITTED BY YOU TO US,AND SUCH SIGNED COPY SHALL BE DEEMED TO BE THE ORIGINAL OF THIS LEASE. TO THE EXTENT(IF ANY)THAT THIS LEASE CONSTITUTES CHATTEL PAPER UNDER THE UNIFORM COMMERCIAL CODE("UCC"),THE AUTHORITATIVE COPY OF THE LEASE SHALL BE THE COPY DESIGNATED BY US OR OUR ASSIGNEE, FROM TIME TO TIME,AS THE COPY AVAILABLE FOR ACCESS AND REVIEW BY YOU AND US OR OUR ASSIGNEE. ALL OTHER COPIES ARE DEEMED IDENTIFIED AS COPIES OF THE AUTHORITATIVE COPY. IN THE EVENT OF INADVERTENT DESTRUCTION OF THE AUTHORITATIVE COPY,OR CORRUPTION OF THE AUTHORITATIVE COPY FOR ANY REASON OR AS THE RESULT OF ANY CAUSE,THE AUTHORITATIVE COPY MAY BE RESTORED FROM A BACKUP OR ARCHIVE COPY,AND THE RESTORED COPY SHALL BECOME THE AUTHORITATIVE COPY. AT OUR OPTION,THIS ELECTRONIC RECORD MAY BE CONVERTED INTO PAPER FORM.AT SUCH TIME,SUCH PAPER COPY WILL BE DESIGNATED OR MARKED AS THE AUTHORITATIVE COPY OF THE LEASE. NOTICE: (i)DO NOT SIGN THIS LEASE IF IT CONTAINS BLANK SPACES. (ii)YOU ARE ENTITLED TO AN EXACT, COMPLETELY FILLED-IN COPY OF THE LEASE WHEN YOU SIGN IT. (iii)UNDER THE LAW,YOU MAY HAVE THE FOLLOWING RIGHTS,AMONG OTHERS: (A)TO PAY OFF iN ADVANCE THE FULL AMOUNT DUE AND OBTAIN A PARTIAL REFUND OF ANY UNEARNED FINANCE CHARGE; (B)TO REDEEM THE PRODUCTS IF REPOSSESSED FOR A DEFAULT; AND (C)TO REQUIRE UNDER CERTAIN CONDITIONS,A RESALE OF THE PRODUCTS IF REPOSSESSED. Dell Financial Services' California Finance Lender License number is 6037884. YOU/LESSEE: US/LESSOR: (For DFS use only) CITY OF SPOKANE VALLEY Dell Financial Services L.L.C. Phone(800)955-3355 AUTHORIZED SIGNATURE use only)ZP NAME AND TITLE Wendy K ' ,Sr.operations Manager ;use t REVIEWED M.V.4 ere_ere_ DATE Cr—/-Zy By Denise Hight.werat71:53am,Apr19,2024 �✓ C i r y r��c,x� -Step 2. Please sign and Date the YOU/LESSEE section and print your name and Title. 3. Lease; Acceptance and Commencement;Term; Rent: We agree to lease to you the personal property, and finance for you fees for services (including but not limited to installation and delivery)(the"Services")and software,all as described in Attachment A to this Lease(collectively,the "Products") on the terms and conditions shown in this Lease. With respect to Services, we will only finance one-time charges hereunder. The Products will be deemed irrevocably accepted for purposes of this Lease five (5) days after shipment from the Supplier(the "Acceptance Date"). This Lease will begin on the Commencement Date specified on the first page of this Lease,or if no date is specified,the 1st of the month following the Acceptance Date(the"Commencement Date").When you receive the Products,you agree to inspect them promptly and advise us if they are not in good working order. If any of the Products are accepted for return by the Supplier pursuant to the relevant Supply Contract (defined below in Section 4) (the "Supplier's Return Policy"), in the time, condition and manner required under the Supplier's Return Policy, we wilt apply any payment we receive from Supplier as a credit against the amounts owed under this Lease, however,you agree that you shall continue to owe all unpaid amounts. You are responsible for freight charges to deliver and return the Products under the Supplier's Return Policy. Contact Supplier for complete details regarding the Supplier's Return Policy. Dell Inc.'s return policies are available at www.dell.com. If payments are due in arrears, the first Rent payment is due thirty(30)days after the Commencement Date. if payments are due in advance,the first Rent payment is due on the Commencement Date.Added to the first payment of Rent shalt be a prorated portion of Rent calculated based on a 30-day month or 90-day quarter (as appropriate)for the period from the Acceptance Date to the Commencement Date. Subsequent payments of Rent are due on the same day each month of the Lease Term (or the following day of the subsequent month if there is no such day). You agree to pay us the Rent for the number of months of the Lease Term stated above. You wilt make all payments required under this Lease to us at the address we specify in writing. You authorize us to adjust the Rent amount (increase or decrease) listed above based on changes in the actual Product Cost(which is all amounts we have paid or wilt pay in connection with the purchase, delivery, and installation of the Products, including any trade-up and buyout amounts) provided that any increase in Rent amount will not result in more than a 15%increase to the Rent payment listed above. You agree to allow us to adjust the Rent amount above if the actual Product Cost varies from the Product cost shown above.If any payment of Rent or other amount payable to us is not paid within ten(10)days after the due date,you will pay us a late charge equal to the greater of(i)1.50%of the late payment amount or(ii)$10,00 for each late payment(or if less,the highest amount permitted by applicable law). 4. Selection and Ordering of Products: You select the type and quantity of the Products subject to this Lease. if you have entered into a purchase or supply contract ("Supply Contract")with any Supplier,you assign your rights but not your obligations (other than the obligation to pay for the Products accepted by you under this Lease)effective prior to the passage of title by the Supplier to you. 5. Location;Use;Alterations;Inspection: You will use the Products solely at the Product Location specified above,or if none is specified,at your billing address. Except for temporary relocation of laptop personal computers and other handheld mobile Products,you may not move the Products without our prior written consent,which shall not be unreasonably withheld. At your own expense,you will maintain the Products in good repair, condition and functional order(except for ordinary wear and tear)and will use them in compliance with all applicable laws. At your sole discretion, you may purchase a maintenance agreement for the Products from the provider of your choice, self-maintain the Products, or forgo such Page 2 of 5 Sep2018.42stlease LEASE NO: 001 - 8922117 - 024 maintenance agreement altogether;regardless of your choice,you will continue to be responsible for the obligations described in this Section. You • will use all software in accordance with the end user license terms of the applicable software license agreement ("License"). You may make additions or improvements to the Products unless the addition or improvement would violate any License,decrease the value of Products,or impair their utility. You may remove any such addition or improvement at the end of the Lease if(I)you repair any damage to Products resulting from the removal; (ii)you restore the Products to their original and functional condition(excluding ordinary wear and tear); and, (iii) the removal does not violate any License or render the Products incapable of use or operation.All additions or improvements not removed will become our property at no cost to us. You agree that, we, our assignees, and agents, may inspect the Products at the premises where the Products are located at any reasonable time with prior notice. 6. Title;Quiet Enjoyment;Personal Property; Filing: Except for software that is subject to a separate License and Services,we are the owner of and will hold title to the Products. You will keep the Products free from any and all liens, encumbrances and claims. So long as you are not in Default under the Lease,we will not interfere with your quiet use and enjoyment of the Products during the Lease Term or any renewal term. Unless the Purchase Option is $1, you agree that this transaction is intended to be a true lease under UCC Article 2A. However, if this transaction is deemed to be a lease intended for security under UCC Article 9,you grant us a purchase money security interest in all of your rights and interest in and to the Products(including your rights to obtain Services or use any software to the extent not prohibited by your License)and any replacements, substitutions, additions, attachments, and all proceeds thereof. You authorize us to file any financing statements or related filings as we may reasonably deem necessary or appropriate. You agree to pay a one-time Transaction Processing Fee to cover our costs for such filing and other documentation costs. 7. Loss or Damage: From the time the Products are delivered to a carrier for shipment to you until their return to us,you are responsible for any loss, theft, damage to or destruction of the Products ("Loss") from any cause at all, whether or not the Loss is covered by insurance. You are required to make all payments under the Lease even if there is a Loss.You must notify us immediately if there is any Loss. Then at our option,you will either(a)repair the Products so they are in good condition and working order to our satisfaction;or(b)replace the Products with like products in good condition and repair and of the same manufacture and equal or greater capacity and capability,with clear title thereto in us;or(c)pay us the "Stipulated Loss Value"which is the sum of: (i) all Rent payments for all the Products and other amounts past due (plus interest thereon)or currently owed to us under the Lease,including unpaid taxes; (ii)all future Rent payments that would accrue over the remaining Lease Term plus our estimated value of our residual interest of all of the Products at the end of the Lease Term, such sum to be discounted to present value at a discount rate equal to the Two-Year U.S. Treasury Constant Yield Maturity Rate ("Discount Rate")in effect on the date you provide notice of the Loss and (iii)any costs and expenses incurred as a result of this event. Present value may be determined in certain states by the actuarial or Rule of 78's method. When you pay the amount of (c) above to us, we will transfer to you our interest in the Products, "AS-IS-WHERE-IS", without any warranty,express or implied,including warranty of merchantability or fitness for any particular purpose;and the Lease will terminate. 8. Insurance: For the Lease Term set forth above,you will provide and maintain, at your expense, {a)property insurance against the loss or theft of or damage to the Products, for their full replacement value naming us as loss payee and (b) public liability and third party property damage insurance naming us as an additional insured. Alt insurance shall be In a form and amount and with companies satisfactory to us and will provide that we will be given thirty(30)days written notice before cancellation or material change of the policy. At our request,you will deliver the policies or certificates of insurance to us. If you do not give us evidence of insurance acceptable to us we have the right,but not the obligation,to obtain such insurance covering our interest in the Products for the Lease Term.The cost for such insurance wilt be an additional amount due from you under the Lease. 9. Taxes: You will pay when due, either directly or to us on demand, all taxes (local, state and federal), fines or penalties which may now or hereafter be imposed or levied upon the Lease and the Products,excluding taxes on our net income. We do not have to contest any taxes,fines or penalties.You agree to pay a personal property tax management fee calculated by us and based on the cost of the annual property tax assessed on the Products during the Lease Term. This fee shall be payable with each installment of Rent. 10. Return: Unless the Lease is renewed or you purchase the Products in accordance with the terms of the Lease,you will immediately deliver some or all of the Products (including but not limited to cables,power cords,keys,etc.)in good repair, operable condition and able to qualify for the manufacturer's warranty service(ordinary wear and tear excepted)to any place in the continental United States that we direct.You will remove all proprietary data from the Products prior to return. Upon your return of the Products,you agree that your license with respect to the operating system software terminates and you certify that you will either(i)return all copies of the manuals,printed material,certificates of authenticity and media (the "Operating System Software Kit") or(ii) destroy all copies of the Operating System Software Kit, leaving the original operating system installed and functional. You will pay all expenses for deinstalling, packing and shipping and you will insure the Products for the full replacement value during shipping. You will immediately pay us on demand the costs and expenses of all missing or damaged Products. If you choose to return less than all of the Products,Products returned to us must be complete functional units. 11. Purchase Option;Automatic Renewal; If no Default exists under the Lease,you wilt have the option at the end of the Lease Term to purchase some or all of the Products for the amount of the Purchase Option price shown above which, if it is the then Fair Market Value of the Products ("FMV"),will be as determined by us in our reasonable judgment,plus any applicable taxes. If you do not agree with our determination,the FMV will be determined for you at your expense by an independent appraiser selected by us and reasonably approved by you. Unless the Purchase Option price is$1,you must give us written notice at least ninety(90)days before the end of the Lease Term that you will purchase the Products or that you will return the Products to us. Unless you timely provide such written notice of intent and purchase Products or return Products to us on the last day of the Lease Term,this Lease for such Products will automatically renew on a continuing month-to-month basis until you give us thirty(30)days notice of return and deliver the Products to us. During such renewal terms,the Rent for such Products will remain the same. Upon payment in full of the Purchase Option price and any amounts which may be due hereunder,we will transfer to you our interest in the Products purchased, "AS-IS- WHERE-IS",without any warranty,express or implied,including warranty of merchantability or fitness for any particular purpose;and the Lease will terminate. 12. Assignment: YOU MAY NOT ASSIGN,SELL,TRANSFER, OR SUBLEASE THE PRODUCTS OR YOUR INTEREST IN THIS LEASE. We may,without notifying you,sell,assign or transfer the Lease and our rights in the Products. You agree that the transferee will have the same rights and benefits that we have now under this Lease,but not our obligations. The rights of the transferee will not be subject to any claim,defense,or setoff that you may have against us. 13. Default: Each of the following is a default("Default")under the Lease: (a)you fail to pay any Rent or any other payment within 10 days of its due date; (b)you do not perform any of your obligations under the Lease or in any other agreement with us or with any of our affiliates and this failure continues for 10 days after notice from us; (c)you become insolvent,you dissolve or are dissolved,you assign your assets for the benefit of your creditors or enter voluntarily or involuntarily any bankruptcy or other reorganization proceeding; (d)you or any Guarantor provide us incorrect or untrue information regarding any material matter in connection with your application for credit or entering into this Lease; or(e)if this Lease has been guaranteed by someone other than you, any guarantor of the Lease dies, does not perform its obligations under the Guaranty or becomes subject to one of the events listed in clause(c). 14. Remedies: If a Default occurs,we may do one or more of the following: (a)we may cancel or terminate the Lease or any agreements that we have entered into with you or withdraw any offer of credit; (b)we may require you to pay us, as compensation for loss of our bargain and not as a Page g 3 of 5 Sep2018.42stlease LEASE NO: 001 - 8922117-024 penalty,a sum equal to(i)the Stipulated Loss Value calculated under Section 7 plus(ii)any costs and expenses(including breakage fees)incurred as a result of the Default; (c)we may require you to deliver the Products to us as set forth in Section 10; (d)we or our agent may peacefully repossess the Products without court order and you will not make any claims against us for trespass,damages or any other reason and (e)we may exercise any other right at law or in equity. Further,with respect to software and Services,if a Default occurs,you agree upon notice from us to(a)immediately cease using the software and Services, (b)deinstall and delete all copies of the software from any computer systems you own or control or that are used for your benefit, and (c) provide us with a certificate signed by your authorized representative attesting to such cessation of use and maintenance,deinstallation, deletion and destruction. You agree to pay all of our costs of enforcing our rights against you, including reasonable attorney's fees. If we take possession of the Products we may sell or otherwise dispose of the Products,with or without notice,at public or private sale and apply the net proceeds (after we have deducted our costs related to the sale and disposition)to the amounts that you owe us.You agree that if notice of a sate is required by law to be given, 10 days notice will constitute reasonable notice. You will remain responsible for any amounts that are due after we have applied such net proceeds. 15, Indemnity: You are responsible for losses, damages, penalties, claims, costs (including attorneys' fees and expenses), actions, suits and proceedings of every kind, (collectively"Claims")whether based on a theory of strict liability or otherwise caused by or related to this Lease or the Products(including any defects in the Products).You will reimburse us for,and if we request defend us against,any Claims. 16, Arbitration: Either party to this Lease may choose to have any dispute, claim, or controversy arising from or relating to this Lease, any prior agreement or lease between the parties,any application or advertisement related to this Lease or the validity of this arbitration clause or the entire Lease, resolved by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association. If such rules conflict with this arbitration agreement,however,then the terms of this arbitration agreement shall control. This arbitration agreement is made pursuant to a transaction involving interstate commerce,and shall be governed by the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. Judgment upon the award rendered may be entered in any court having jurisdiction. Any arbitration award in excess of$100,000 made pursuant to this arbitration agreement may be appealed by the party against which the award is made. Such appeal will be a de novo arbitration proceeding before three arbitrators. The parties agree and understand that they may choose arbitration instead of litigation to resolve disputes. The parties understand that they have a right or opportunity to litigate disputes in court, but may elect to resolve their disputes through arbitration as provided herein. The parties agree and understand that all disputes arising under case law, statutory law,and all other laws including, but not limited to, all contract, tort,and property disputes, may be subject to binding arbitration in accord with this Lease. No class action or request for relief may be brought under this arbitration agreement. You agree that you shall not have the right to participate in arbitration or in court proceedings as a representative or a member of any class of claimants pertaining to any claim arising from or relating to this Lease. The parties agree and understand that the arbitrator shall have all powers provided by law and this Lease, except for powers limited or prohibited by this Lease. Notwithstanding anything herein to the contrary,we retain an option to use judicial or non-judicial relief to recover the Products or to enforce our security interest in the Products,to enforce the monetary obligation secured by the Products or to foreclose on the Products. Such judicial relief would take the form of a lawsuit. The institution and maintenance of any action for judicial relief in a court to foreclose upon any Products, to obtain a monetary judgment or to enforce this Lease, shall not constitute a waiver of the right of any party to compel arbitration regarding any other dispute or remedy subject to arbitration in this Lease,including the filing of a counterclaim in a suit brought by us pursuant to this provision. YOU UNDERSTAND AND AGREE THAT iN ARBITRATION:YOU GiVE UP RIGHTS TO SEEK REMEDIES IN COURT,INCLUDING THE RIGHT TO A JURY TRIAL;YOUR ABILITY TO COMPEL OTHER PARTIES TO PRODUCE DOCUMENTS OR BE EXAMINED IS MORE LIMITED THAN IN A LAWSUIT; AND,YOUR RIGHTS TO APPEAL OR CHANGE ANY ARBITRATION AWARD IN ANY COURT ARE STRICTLY LIMITED. 17. Finance Lease: You agree that if UCC Article 2A applies to this Lease,this Lease will be considered a"finance lease". By signing this Lease you acknowledge that either (1)you have received, reviewed and approved the Supply Contract with the Supplier or(2)we have informed you of the identity of the Supplier, that you may have rights and warranties under the Supply Contract(s)for the Products and you may contact the Supplier of the Products for a description of those rights and warranties. TO THE EXTENT PERMITTED BY APPLICABLE LAW,YOU HEREBY WAIVE ANY AND ALL RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY ARTICLE 2A OR ANY OTHER APPLICABLE LAW WITH RESPECT TO A DEFAULT BY LESSOR UNDER THIS LEASE. 18. Miscellaneous: You agree that the terms and conditions of this Lease make up the entire agreement between you and us regarding the lease of the Products. Any change in the terms and conditions of the Lease must be in writing and signed by us. You agree, however, that we are authorized,without notice to you,to(i)supply missing information and correct obvious errors in this Lease,and (ii)add or correct serial numbers(or similar identifying Information)for the Products in this Lease, on Attachment A and in any related filing or documentation. All of our rights and remedies wilt survive termination of this Lease. All notices under this Lease will be given in writing and will be considered given when deposited in the U.S.mail,postage prepaid or transmitted electronically,addressed to the respective address specified in writing. Any failure of ours to require strict performance by you or any waiver by us of any provision in this Lease will not be construed as a consent or waiver of any other breach of the same or any provision. If any portion of this Lease is deemed invalid,it will not affect the balance of this Lease. It is the express intent of both of us not to violate any usury laws, or to exceed the maximum amount of time price differential, or interest as applicable permitted to be charged, or collected under applicable law. Any such excess payment will be applied to payments under the Lease in inverse order of maturity; any remaining payments will be refunded to you. 19. Products Consisting Solely of Software or Services: This Section 19 applies if the Products described on Attachment A consist exclusively of software,Services,or a combination of both. You agree that this Lease is a financing arrangement providing for your repayment to us of the cost of acquiring the Products from the Supplier (including any provider or seller of Services, licensor or seller of software), plus all other amounts that become due and owing under the terms of this Lease. For the purposes of this Lease and your obligations hereunder, the Products are deemed satisfactorily delivered and accepted by you upon the earlier of delivery from such Supplier or our payment to such Supplier for the cost of acquiring the Products. As security for your obligations under this Lease,you grant us a first-priority security interest in all of your rights and interest in and to the Products (including your rights to use software and obtain Services)and all proceeds thereof(including without limitation any refunds with respect to the software or Services financed hereunder ("Refund") that you receive or have a right to receive), free and clear of all security interests, liens or encumbrances. If you are entitled to a Refund from the Supplier(including any provider or seller of Services,licensor or seller of software),you authorize us to deliver a copy of this Lease to the Supplier as evidence of your consent to our collection and receipt of the Refund directly. Nothing in this Lease shalt obligate us to pursue your Refund rights (If any)or modify, excuse or limit your obligations under this Lease, which you acknowledge and agree are absolute and unconditional.We shall apply any such Refund actually received by us against the next scheduled Rent payment(s)and all other amounts owed under this Lease. You agree that you shall owe any unpaid amounts remaining under this Lease after application of the Refund. Upon our written instructions following a Default,you agree to(a)immediately cease using the software and Services, (b) deinstall, delete and destroy all copies of the software from any computer systems owned or controlled by you or used for your benefit, and (c) provide us with a certificate signed by your authorized representative attesting to such cessation of use, maintenance, deinstallation,deletion and destruction. Notwithstanding anything in this Lease to the contrary and only if this Section 19 applies,the Stipulated Loss Value you may be required to pay upon a Default shall equal the sum of (i) all Rent payments for all the Products and other amounts past due (plus interest thereon) or currently owed to us under the Lease,including unpaid taxes; (ii) all future Rent payments that would accrue over the remaining Lease Term, discounted to present value at the Discount Rate and (iii) any costs and expenses incurred as a result of the Default, As the Products financed BSD Page 4 of 5 Sep201B.42stlease LEASE NO: 001 - 8922117-024 hereunder are solely software or Services,you agree that(1)any language herein pertaining to our ownership of the Products and (ii)the following provisions of this Lease shalt not apply: Section 5(in so far as it purports to vest in us ownership of improvements or additions to Products); Section 10 (Return); Section 11 (Purchase Option; Automatic Renewal); Section 14 (in so far as it purports to provide us with a right to sell, lease, or otherwise dispose of the Products consisting of Licenses or Services that would violate the underlying License or Services agreement). You acknowledge that all remaining terms and conditions of this Lease shall apply. Unless an uncured Default exists, this Lease and our interest and rights in the Products shall terminate at the expiration of the Lease Term;provided,however,that such termination shall not affect your obligations accruing prior to the termination. • • { BSD Page 5 of 5 Sep2018.42stlease LEASE NO: 001 - 8922117-024 Dell Financial Services Attachment A Company No: 84 Attached hereto and made a part hereof Lease No: 001 - 8922117-024 between DELL FINANCIAL SERVICES L.L.C. as Lessor and CITY OF SPOKANE VALLEY as Lessee Technologies Your quote is ready for purchase. Complete the purchase of your personalized quote through our secure online checkout before the quote expires on Apr. 28, 2024. You can download a copy of this quote during checkout. Place your order Quote Name: 2024 Lease Refresh- Sales Rep Charles Anglin Final Phone (800)466-3355,6180469 Quote No. 3000174164318.1 Email Charles_Anglin@Deli.com Total $98,576.08 Billing To ACCOUNTS PAYABLE Customer# 29765206 CITY OF SPOKANE VALLEY Quoted On Mar.29,2024 10210 E SPRAGUE AVE Expires by Apr.28,2024 SPOKANE VALLEY,WA 99206-3682 Dell NASPO Computer Contract Name Equipment PA- Washington Contract Code C000001119005 Customer Agreement# 23026/05820 Deal ID 27378146 Message from your Sales Rep Please use the Order button to securely place the order with your preferred payment method online.You may contact your Dell sales team if you have any questions.Thank you for shopping with Dell. Sep2018.42st1ease LEASE NO: 001 - 8922117 - 024 Regards, Charles Anglin Shipping Group Shipping To Shipping Method CHAD KNODEL Standard Delivery CITY OF SPOKANE VALLEY 10210E SPRAGUE AVE SPOKANE VALLEY,WA 99206-3682 (509)720-5055 Product Unit Price Quantity Subtotal Precision 5860 Tower $2,389.50 10 $23,895.00 Dell Latitude 5440 $1,431.91 20 $28,638.20 OptiPlex Micro(7010) $677.67 50 $33,883.50 Dell Latitude 9440 $2,127.44 2 $4,254.88 Page 1 Dell Marketing LP.U.S.only. Dell Marketing LP.is located at One Dell Way,Mail Stop 8129,Round Rock,TX 78682 Subtotal: $90,671.58 Shipping: $0.00 Environmental Fee: $0.00 Non-Taxable Amount: $1,857.00 Taxable Amount: $88,814.58 Estimated Tax: $7,904.50 Total: $98,576.08 License Subtotal for Commitment Term:$0.00 *Excludes Taxes •�"° Accelerate the power mil` . a J 3< of Al for your data -' • Take the first step in achieving • � ��� Generative Al success 5 Learn More Shipping Group Details Shipping To Shipping Method CHAD KNODEL Standard Delivery CITY OF SPOKANE VALLEY 10210E SPRAGUE AVE SPOKANE VALLEY,WA 99206-3682 (509)720-5055 LEASE NO: 001 - 8922117 - 024 1 j Unit Price Quantity Subtotal 1 Precision 5860 Tower $2,389-50 10 $23,895,00 Estimated delivery if purchased today: Apr. 15,2024 Contract#C000001119005 I' Customer Agreement#23026/05820 . Description SKU Unit Price Quantity Subtotal Precision 5860 Tower XCTO Base 210-BFNP - 10 - I Intel Xeon W3-2423(15 MB cache,6 cores,12 threads,2.1 GHz to 338-CKZS - 10 - 4.2 GHz Turbo,120 W) Il Windows 11 Pro for Workstations(6 cores),English,French,Spanish, 6 19-ARSO - -10 i Brazilian Portuguese I No Microsoft Office License Included-30 day Trial Offer Only 658-BCSB - 10 - AMD Radeon Pro W7500,8 GB GDDR6,4 DP - 490-BKDR 10 32GB,1x32GB,DDR5,4900MHz,RDIMM ECC Memory 370-AHHX - 10 - No Hard Drive 400-AKZR - 10 - Dell KB216 Wired Keyboard English 580-ADJC - 10 No Out-of-Sand Systems Management 631-BBHM - 10 Resource DVD not Included 430-XXYU - 10 - ENERGY STAR Qualified 387-BBLW - 10 i; if. EPEAT 2018 Registered(Gold) 379-BDZB - 10 - System Power Cord C13(US 125V, 15A) 450-AHDU - 10 - Dell Optical Mouse-MS116(Black) 570-ABLE - 10 - Shipping Material(5860,7865) 340-DCJU - 10 - y, I I Shipping Material(DAO) 340-CBUU - 10 - Dell Additional Software 658-BFPP - 10 - Quick Start Guide placemat,5860 Tower 340-DJVF - 10 - Premier Color 6,1 640-BBSS - 10 - Integrated Storage Controller 403-BCVC - 10 - No Additional Network Card Selected(Integrated NIC Included) 555-BBJO - 10 - No Optical Drive 429-ABMS - 10 - Precision 5860 Tower 750W Chassis(DAO 2SATA Flexbay L5.5) 321-BHYU - 10 - Healsink for 165W or lower CPU(5860) 412-BBDR - 10 - Virtual Raid on CPU software driver 409-BCXD - 10 - Dell Precision TPM 340-ACBY - 10 - No External ODD 429-ABGY - 10 - CMS Software not included 632-BBBJ - 10 - Page 3 Dell Marketing LP.U.S.only.Dell tvlarkeling LP.is located at One Dell Way,Mail Stop 8129, Round Rock,TX 78682 LEASE NO: 001 - 8922117- 024 No Hard Drive 400-AKZR - 10 - 5860T 750W Regulatory Label(DAO) 389-FDBD - 10 - No SATA RAID 780-BBCJ - 10 - No Hard Drive 400-AKZR - 10 - No Hard Drive 400-AKZR - 10 - 512GB,M.2,PCIe NVMe,SSD,Class 40 400-BOGY - 10 - No Hard Drive 400-AKZR 10 - No M.2 NVME RAID(C1,C2,C6) 780-BCVL - 10 - SATA Upper/Lower Flexbay Assembly included with chassis 340-DCMT - 10 - Thank you choosing Dell ProSupport.For tech support,visit 989-3449 10 - //support.dell.com/ProSupport Dell Limited Hardware Warranty Plus Service 882-0661 - 10 - ProSupport Next Business Day Onslte 3 Years 882-0679 - 10 - ProSupport 7x24 Technical Support 3 Years 882.0587 - 10 - i Asset Recovery Services Lease Return Transportation 835-5034 - 10 - Unit Price Quantity Subtotal Deli Latitude 5440 $1,431.91 20 $28,638.20 Estimated delivery if purchased today: Apr.12,2024 Contract#C000001119005 Customer Agreement#23026/05820 Description SKU Unit Price Quantity Subtotal Dell Latitude 5440 XCTO Base 210-BFZY - 20 - 13th Gen Intel Core i5-1345U vPro(12 MB cache,10 cores, 12 379-BFBR 20 - threads,up to 4.7 GHz Turbo) Windows 11 Pro,English,Brazilian Portuguese PT-BR,French, 619-ARSB - 20 - Spanish No Microsoft Office License Included-30 day Trial Offer Only 658-BCSB - 20 - Intel 13th Generation Core 15-1345U vPro,Intel Integrated 338-CHFP 20 - Graphics,TBT4 lntel(R)Rapid Storage Technology Driver 409-BCWR - 20 - Single Pointing,No Palmrest Security Options 346-BINY - 20 - Intel vPro Enterprise Technology Enabled 631-AOPZ - 20 - 16 GB,2 x 8 GB,DDR4,3200 MT/s,dual-channel,Non-ECC 370-AFVQ - 20 - 256 GB,M.2 2230,PCIe NVMe,SSD,Class 35 400-BOLL - 20 - 14.0"FHD(1920x1080)Touch,AG,IPS,300 nits,FHD IR Cam, 391-BHDW - 20 - WLANIWWAN(4G) English US backlit keyboard,79-key 583-BHCH - 20 - Wireless Inter AX211 WLAN Driver 555-BJFN - 20 - Intel(R)WI-FI 6E(6 if SE unavailable)AX211,2x2,802.11ax, 5555-BHHU 20 - Biuetooth Wireless Card Verizlon SIM Card 556-BDKY - 20 - 4G CAT16-Intel XMM 7560R+(DW5823e),eSIM 556-BDLS - 20 - 3-cell,54Wh Battery,Express Charge Capable 451-BDBL - 20 - 100WAC adapter,USB Type-C,EPEAT,TCO Gen9 compliant 492-BDIO - 20 - E5 Power Cord 1M for US 537-BBDK - 20 - LEASE NO: 001 - 8922117- 024 Page 4 Dell Marketing LP.U.S.only.Dell Marketing LP,is located at One Dell Way,Mail Stop 8129, Round Rock,TX 78682 Latitude 5440 Quick Start Guide 340-DDHM - 20 - ENERGY STAR Qualified 387-BBPC - 20 - Custom Configuration 817-BBBB - 20 - Deli Additional Software 658-BFQB - 20 - Mix Model 15W CPU+UMA+10DW ADPT 340-DKVF - 20 - Intel Core i5 vPro Enterprise Label 340-CYNW - 20 - Latitude 5440 Bottom Door(Big Door),Intel 13th Gen U-Series CPU 321-BJTH - 20 - EPEAT 2018 Registered(Gold) 379-BDZB - 20 - FHD/IR Camera,Temporal Noise Reduction,Camera Shutter,Mc 319-BRIE - 20 - Dell Limited Hardware Warranty Extended Year(s) 975-3461 - 20 - Dell Limited Hardware Warranty 997-8317 - 20 - ProSupport:Next Business Day Onsite,1 Year 997-8349 - 20 - ProSupport:Next Business Day Onsite,2 Year Extended 997-8354 - 20 - ProSupport:7x24 Technical Support,3 Years 997-8344 - 20 - Thank you choosing Dell ProSupport.For tech support,visit - 989,3449 20 //supporldell.com/ProSupport Asset Recovery Services Lease Return Transportation 835-5034 - 20 - Unit Price Quantity Subtotal OptiNex Micro(7010) $677.67 50 $33,883.50 Estimated delivery if purchased today: Apr.10,2024 Contract#C000001119005 Customer Agreement#23026/05820 Description SKU Unit Price Quantity Subtotal OptiPlex Micro(7010) 210-BFXP - 50 - 13th Gen Intel Core i5.13500T(6+8 Cores124MB/20T/1.6GHz to 338-CHBX 50 - 4,6GHz/35W) Windows 11 Pro,English,Brazilian Portuguese PT-BR,French, 619-ARSB - 50 - Spanish No Microsoft Office License Included-30 day Trial Offer Only 658-BCSB - 50 - 16GB(1x16GB)DDR4 Non-ECG Memory 370-AFWB - 50 - M.2 2230 256GB PCIe NVMe Class 35 Solid State Drive 400-BOQJ - 50 - Thermal Pad for Micro 412-AAZO - 50 - M2X3.5 Screw for SSD/DDPE 773-BBBC - 50 - Micro with$5W CPU L5.5 FSJ local build 329-BHPX - 50 - 1 US Power Cord 450-AAZN - 50 - Intel(R)AX211 Wi-Fi 6E 2x2 and Bluetooth 555-BHDU - 50 - Internal Antenna 555-BHDV - 50 - Wireless Driver,Intel(R)WiFi 6e AX2112x2(Gig+)+Bluetooth 555-13II0 - 50 - i LEASE NO: 001 - 8922117 - 024 No Additional Video Ports 492-BCKH - 50 - Dell KB216 Wired Keyboard English 580-ADJC - 50 - Dell Optical Mouse-MS116(Black) 570-AB1E - 50 - No Cover Selected 325-BCZQ - 50 - Dell Additional Software 656-BFPY - 50 - Page 5 Deli Marketing LP.U.S,only.Dell Marketing LP,is located at One Dell Way, Mail Stop 8129,Round Rock,TX 78682 ENERGY STAR Qualified 387-BBLW - 50 - Dell Watchdog Timer 379-REZG - 50 - Quick Start Guide,OptiPlex Micro 340-DDHG - 50 - Print on Demand Label 389-BDQH - 50 - Trusted Platform Module(Discrete TPM Enabled) 329-BBJL - 50 - Shipping Material 340-CQYN - 50 - Shipping Label 389-BBUU - 50 - FSJ Reg label 90W adaptor 389-FBSN - 50 - Intel Rapid Storage Technology Driver MFF 658-BFQK - 50 - Intel Core i5 vPro Enterprise Processor Label 389-EDDQ - 50 - Desktop BTS/BTP Shipment 800-BBIP - 50 - 90 Watt A/C Adapter 450-ALFO - 50 - Fixed Hardware Configuration 998-FZXD - 50 - Internal Speaker 520-AAVE - 50 - No Option Included 340-ACQQ - 50 - EPEAT 2018 Registered(Gold) 379-BDZB - 50 - lntel vPro Enterprise 631-BBKP - 50 - Dell Limited Hardware Warranty Plus Service 803-8583 - 50 - ProSupport:Next Business Day Onsite,3 Years 803-8646 - 50 ProSupport:7x24 Technical Support,3 Years 803-8702 - 50 - Thank you choosing Dell ProSupport.For tech support,visit 989.3449 50 - ll//support.riell.com/ProSupport No Accidental Damage Selected 981-4619 - 50 - Asset Recovery Services Lease Return Transportation 835-5034 - 50 - Unit Price Quantity Subtotal bell Latitude 9440 $2,127.44 2 $4,254.88 Estimated delivery If purchased today: Apr.08,2024 Contract#C000001119005 Customer Agreement ft 23026/05820 LEASE NO: 001 - 8922117- 024 Description SKU Unit Price Quantity Subtotal Dell Latitude 9440 BTX Base 210-BGKG - 2 - 13th Generation Intel((R)Core(TM)i7-1365U vPro(12 MB cache,10 336-CKYP - 2 cores,up to 5.2 GHz) Windows 11 Pro,English,Brazilian Portuguese PT-BR,French, 619-ARSB 2 - Spanish No Microsoft Office License Included-30 day Trial Offer Only 658-BCSB - 2 - Intel Iris Xe graphics,17.1365U vPro processor with 32 GB memory 338-CHYW - 2 - and WLAN AX211 Intel Rapid Storage Technology 409-BCXC - 2 - Intel vPro Advanced Management Enabled 631-BBBR - 2 - 32GB,6000MT/s,LPDDR5,integrated,Non-ECC 370-BBDQ - 2 - 512GB M.2 PCIe NVMe Solid State Drive,Class 35 400-BOTC - 2 - 21n1-14"QHD+(2560x1600),IPS Touch,Anti-Smudge,Anti- 391-BHMK 2 - Reflective,FHD IR Cam,ComfortView+,Pen Support Page 6 Dell Marketing LP.U.S.only.Dell Marketing LP.is located at One Dell Way,Mall Stop 8129,Round Rock,TX 78682 English US Battery-Saving Mlni LED Backlit Single-Pointing Zero- 583 BJQC - 2 - Lattice Keyboard,79-key Intel Wi-Fi 6E(6 where 6E unavailable),AX211,2x2,802.11ax,MU- 555 BJCQ - 2 - MIMO,Bluetooth 5.3 Intel Wi-Fi 6E(6 where 6E unavailable)AX211 +Bluetooth 555-BJNJ - 2 - 3 Cell,60 Wh,ExpressCharge Capable 451-BDDS - 2 - 65W AC adapter,USB Type-C,TOO Gang compliant 492-BDHS - 2 - Fingerprint Reader,WLAN 346-BJHR - 2 - E4 Power Cord 1 M for US 537_BBDO - 2 - Quick Reference Guide 340-DHCT - 2 - 1 ENERGY STAR Qualified 387-BBPW - 2 - Fixed Hardware Configuration 998-GBQX - 2 - Dell Additional Software 658-BFQB - 2 - Mtn Config Packaging,for 65W Adapter 340-DJSR - 2 - Intel Core i7 EVO Vpro Processor Label 389-EDDW - 2 - POD Label 389-EDJB - 2 - WLAN Bottom Door 321-BJFS - 2 - EPEAT 2018 Registered(Gold) 379-BDZB - 2 - FHDIIR Camera with ExpressSign-In+Intelligent privacy,TNR, 319-B11IJ 2 - SafeShutter,Mic Thank you choosing Dell ProSupport.For tech support,visit - - //support.dell.com/ProSupport 989.3449 2 Dell Limited Hardware Warranty Plus Service 835-4917 - 2 - ProSupport Next Business Day Onsite 3 Years 835-4941 - 2 - LEASE NO: 001 - 8922117 - 024 ProSupport 7x24 Technical Support 3 Years 835-4957 - 2 - Asset Recovery Services Lease Return Transportation 835-5034 - 2 - Subtotal: $90,871.58 Shipping: $0.00 Environmental Fee: $0.00 Estimated Tax: $7,004.50 Total: $98,576.08 Page 7 Dell Marketing LP.U.S,only.Dell Marketing LP,le located at One Dell Way,Mail Stop 8129, Round Rack,TX 78682 AU other terms and conditions of the Lease shalt remain unchanged. Dell Financial Services PUBLIC EDUCATION,STATE AND LOCAL GOVERNMENT RIDER • This Rider supplements the provisions of Lease No. 001-8922117-024("Lease") between you and us as identified below. This Rider is an integral part of the Lease. Capitalized terms used in this Rider that are not defined will have the meanings specified in the Lease. If there is any conflict between the Lease and this Rider,then this Rider will control and prevail. 1. Funding Intent: You reasonably believe that sufficient funds can be obtained to make all Rent payments and other payments during the Lease Term. You agree that your Chief Executive or Administrative Officer (or your administrative officer that has the responsibility of preparing the budget submitted to your governing body, as applicable) will provide appropriate funding for such payments in your annual budget request submitted to your governing body. If your governing body chooses not to appropriate funds for such payments, you agree that your governing body will evidence such nonappropriation by omitting funds for such payments due during the applicable fiscal period from the budget that it adopts. We agree that your obligation to make Rent payments under the Lease will be a current expense and will not be interpreted to be a debt in violation of applicable law or constitutional limitations or requirements. Nothing contained in the Lease will be interpreted as a pledge of your general tax revenues,funds or moneys. 2. Nonappropriations of Funds: If(a) sufficient funds are not budgeted or appropriated and budgeted by your governing body in any fiscal period for Rent payments or other payments and (b)you have exhausted all funds legally available for such payments, due under the Lease,then you will give us written notice and the Lease will terminate as of the last day of your fiscal period for which funds for Rent payments are available. Such termination is without any expense or penalty, except for the portions of the Rent payments and those expenses associated with your return of the Products in accordance with paragraph 10 of the Lease for which funds have been budgeted or appropriated or are otherwise legally available. 3. Essential Use: You represent that the use of the Products are essential to your proper, efficient and economic operation and that you shall be the only entity to lease,operate and use the Products. 4. Choice of Law: Regardless of any conflicting provision in the Lease,THE LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE IN WHICH YOU ARE LOCATED. 5.Authority and Authorization: You represent and agree that: (a) you are a state or a political subdivision or agency of a state; (b)the entering into and performance of the Lease is authorized under your state laws and Constitution and does not violate or contradict any judgment, law,order or regulation, or cause any default under any agreement to which you are a party;(c)you have complied with all public bidding requirements and,where necessary,have properly presented the Lease for approval and adoption as a valid obligation on your part; and(d)you have sufficient appropriated funds or other moneys available to pay all amounts due under the Lease for your current fiscal period. Upon our request,you agree to provide us with an opinion of counsel as to clauses(a)through(d)above,an incumbency or municipal certificate,and other documents that we request in a form satisfactory to us. City of Spokane Valley Dell Financial Services L.L.C. "Lessee" "Lessor" By: XZ-017-1— By: Name: Name: Wendy K ,Sr.Operations Manager Title: C r r`-y mot_ Title: REVIEWED Date: Date: By Damao Hightower at 11:54 am,Apr 19,2024 C.f —rr—a�r Reference: Pegs 1 of 2 Government Rider-SNAP • 1 CERTIFICATION I -c�+—�� ������� , a resident of Pc>\c e vP-41 in the State of W , DO (Certifier) (City) (State) • HEREBY CERTIFY that I am the \`-\b ,of the Lessee identified above,which is an educational, (Title) state or political subdivision or agency, duly organized and under the laws of the State of ,that I (State) have custody of the records of the Lessee, and, as of the date set forth below, -)Q `� ��+�^ , is (Name of Above Signature) the C,'=-r• vO` c....a- — of Lessee and is duly authorized to execute and deliver in the name of and on (Title of Above Signature) behalf of Lessee,the Lease(including this Rider)and all related documents. IN WITNESS WHEREOF, I have hereto set my hand and affixed this seal of Lessee this 11 day of Y�v�"�t ,20 e`i (Day) (Month) seal �F ``e,ON F++r,,4/�//i Certifier's Signature: 1oN S r of ' tn' U 191236 r z. / rh+n"\\‘«�` e • • •