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<br />Non-Appropriation of Funds Addendum <br />This is an addendum ("Addendum") to and part of that certain agreement between <br />("Obligee") <br />and <br />("Obligor"), which agreement is identified in Obligee's records as agreement number <br />("Agreement"). All capitalized terms used in this Addendum <br />which are not defined herein shall have the meanings given to such terms in the Agreement. <br />You hereby represent and warrant to Us that as of the date of the Agreement, and throughout <br />the Agreement Term: (a) the individual who executed the Agreement had at the time of execution of <br />the Agreement full power and authority to execute the Agreement; and that all required procedures <br />necessary to make the Agreement a legal and binding obligation of the Obligor have been followed; (b) <br />the Equipment is essential to the immediate performance of an authorized governmental or proprietary <br />function and shall be used during the Agreement Term only by You and only to perform such function; <br />(c) that all payments due and payable for the current fiscal year are within the current budget and are <br />within an available, unexhausted and unencumbered appropriation. <br />In the event You are not granted funds in future fiscal years for the Equipment subject to the <br />Agreement or for equipment which is functionally similar to the Equipment and operating funds are not <br />otherwise available to You to pay the rent and other payments due under the Agreement, and there is <br />no other legal procedure or available funds by or with which payments can be made to Us, and the <br />appropriation did not result from an act or omission by You, You shall have the right to return the <br />Equipment in accordance with the terms of the Agreement and terminate the Agreement on the last day <br />of the fiscal period for which appropriations were received. At least thirty (30) days prior to the end of <br />Your fiscal year, Your legal counsel shall certify in writing that (a) funds have not been appropriated for <br />the next fiscal year; (b) such non-appropriation did not result from any act or failure to act by You; and <br />(c) You have exhausted all funds legally available for payment of rent. <br />X <br />Obligor <br />Obligee <br />Obligee Signature <br />Print Name & Title <br />Date Accepted: Date <br />Obligor Signature <br />Print Name & Title <br />07NA_0807