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from legally available funds, in lawful money of the United States of <br />America to CORPORATION or, in the event of assignments by CORPORATION, to <br />its ASSIGNEE. The obligation of CITY to pay rent hereunder shall <br />constitute a current expense of CITY and shall not in any way be construed <br />to be a debt of CITY in contravention of any applicable constitutional or <br />statutory limitations or requirements concerning the creation of <br />indebtedness by CITY, nor shall anything contained herein constitute a <br />pledge of the general tax revenues, funds or monies of CITY. <br />7. USE. CITY shall use the Property in a careful and proper manner and <br />shall comply with and conform to all national, state, municipal, police, <br />and other laws, ordinances, and regulations in anyway relating to the <br />possession, use, or. maintenance of the Property. If, at any time during <br />the term hereof, CORPORATION supplies CITY with labels, plates, or other <br />markings stating that the Property is owned by CORPORATION, •CITY shall <br />affix and keep the same upon a prominent place on the Property. <br />8. ACCEPTANCE. CITY shall acknowledge receipt and inspection of the <br />Property by executing a Certificate of Acceptance. <br />9. CORPORATION'S INSPECTION. Upon forty-eight (48) hours prior notice, <br />CORPORATION shall at any and all times during normal business hours have <br />the right to enter into and upon the premises where the Property is <br />located for the purpose of inspecting the same or observing its use. CITY <br />shall give CORPORATION immediate notice of any attachment or other. <br />judicial process affecting any item of Property. <br />10. PROPERTY SELECTION. CITY has or will select the type and quantity of <br />the Property leased hereunder. CITY shall ensure that all Property is <br />properly invoiced to CORPORATION. CORPORATION SHALL NOT BE LIABLE FOR, <br />NOR SHALL THE VALIDITY OF THIS LEASE BE AFFECTED BY, ANY DELAY IN OR <br />FAILURE OF DELIVERY OF SAID ORDERED PROPERTY. CORPORATION shall have no <br />duty to inspect the Property. If the Property is not properly installed, <br />does not operate as represented or warranted by the Supplier, or is <br />unsatisfactory for any reason, CITY shall make any claim on account <br />thereof solely against said Supplier. CITY HEREBY ASSUMES THE RISKS, <br />BURDENS, AND OBLIGATIONS TO ANY SUPPLIER ON ACCOUNT OF NONACCEPTANCE OF <br />THE PROPERTY AND/OR CANCELLATION OF THE LEASE AND UPON THE OCCURRENCE OF <br />ANY SUCH EVENT, CORPORATION WILL ASSIGN TO CITY, WITHOUT RECOURSE OR <br />WARRANTY, ITS RIGHTS AND TITLE to the Property and any documents related <br />thereto. <br />11. DISCLAIMER OF WARRANTY. CORPORATION NOT BEING THE MANUFACTURER OR <br />SUPPLIER OF ANY OF THE PROPERTY NOR A DEALER IN SIMILAR PROPERTY, HAS NOT <br />MADE AND DOES NOT MAKE ANY REPRESENTATION, WARRANTY, OR COVENANT, EXPRESS <br />OR IMPLIED, WITH RESPECT TO THE DESIGN, DURABILITY, FITNESS FOR USE, <br />SUITABILITY, OR MERCHANTABILITY OF THE PROPERTY IN ANY RESPECT, AND AS <br />BETWEEN CORPORATION AND CITY, ALL PROPERTY SHALL BE ACCEPTED AND LEASED BY <br />CITY "WHERE IS, "AS IS," AND "WITH ALL FAULTS," AND CORPORATION SHALL NOT <br />BE RESPONSIBLE FOR ANY PATENT OR LATENT DEFECTS THEREIN. CITY AGREES TO <br />SETTLE DIRECTLY SUCH CLAIMS WITH THE SUPPLIER AND WILL NOT ASSERT ANY SUCH <br />CLAIMS AGAINST CORPORATION. <br />12. ALTERATIONS AND ATTACHMENTS. All additions and improvements that are <br />3 <br />