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<br />e <br /> <br />e <br /> <br />"Fully Date Capable" means the ability to correctly process date data (including, but not <br />limited to, reading, producing, calculating, comparing, and sequencing date data) from, into, <br />and between the twentieth and twenty-first centuries) without material degradation in <br />performance and without unusual intervention, including correct and continuous processing <br />during the transition between 1999 and 2000, and correct processing if leap years. <br /> <br />"Funding Date" means September 24, 2001. <br />"Funding Amount" means $2,000,000.00. <br /> <br />"Interest" means the portion of a Rental Payment designated as and comprising interest <br />as provided in the Payment Schedule. <br /> <br />"Lease Term" means the period during which this Agreement is in effect as specified in <br />Section 3.1. <br /> <br />"Net Proceeds" means any insurance proceeds or condemnation awards paid with <br />respect to any Equipment remaining after payment therefrom of all expenses incurred in the <br />collection thereof. <br /> <br />"Non-Appropriation" means. the failure of Lessee, Lessee's governing body, or, if <br />applicable, the governmental entity from which Lessee obtains its operating and/or capital <br />funds to appropriate money for any Fiscal Year sufficient for the continued performance by <br />Lessee of all of Lessee's obligations under this Agreement, as evidenced by the passage of an <br />ordinance or resolution specifically prohibiting Lessee from performing its obligations under <br />this Agreement with respect to any Equipment, and from using any moneys to pay any Rental <br />Payments due under this Agreement for a designated Fiscal Year and all subsequent Fiscal <br />Years. <br /> <br />"Payment Date" means each date upon which a Rental Payment is due and payable as <br />provided in the Payment Schedule. <br /> <br />"Payment Schedule" means the schedule of Rental Payments attached hereto as Exhibit <br /> <br />B. <br /> <br />"Principal" means the portion of any Rental Payment designated as and comprising <br />principal as provided in the Payment Schedule. <br /> <br />"Prepayment Price" means the amount so designated and set forth opposite a Payment <br />Date in the Payment Schedule indicating the amount for which Lessee may purchase the <br />Equipment as of such Payment Date after making the Rental Payment due on such Payment <br />Date. <br /> <br />"Proceeds Account" means that certain account to be established by Lessee in the Local <br />Agency Investment Fund of the State into which the Funding Amount shall be deposited on the <br />Funding Date. <br /> <br />"Rental Payment" means each payment due from Lessee to Lessor on a Payment Date. <br /> <br />"Specifications" means the bid specifications and/or purchase order pursuant to which <br />Lessee has ordered any Equipment from a Vendor. <br /> <br />"State" means the state of California. <br /> <br />-2- <br />