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notice shall, be deemed to have been received five days subsequent to mailing.
<br />27. SECTION HEADINGS. All section headings contained herein are for the convenience of reference only and are not intended
<br />to define or limit the scope of any provisions of this Lease.
<br />28. DELIVERY OF DOCUMENTS; BUDGETS; FINANCIAL STATEMENTS. Lessee will execute or provide, as requested by
<br />Lessor, such other documents and information as are reasonably necessary with respect to the transaction contemplated by this Lease.
<br />In addition, during the term of this Lease at Lessor's request, Lessee shall provide Lessor: (i) no later than ten days prior to the 'end
<br />of each Fiscal Period (commencing with the Lessee's current Fiscal Period) with current budgets or other proof of appropriation for
<br />the succeeding Renewal Term and such other information relating to Lessee's ability to continue the term of this Lease for the next
<br />succeeding Renewal Term, as may be reasonably requested by Lessor; (ii) at Lessee's expense as soon as available and in any event
<br />not later than 120 days after the close of each Fiscal Period, the audited financial statements of Lessee as at the close of and for such
<br />Fiscal Period, all in reasonable detail, audited by and with the report of Lessee's auditor.
<br />29. COUNTERPARTS. This Lease maXy be executed simultaneously in one or more counterparts, each of which shall be deemed
<br />an original, but all of which together she'll constitute and are all the same instrument.
<br />30. NO OFFSET; UNCONDITIONAL OBLIGATION: This Lease is "triple net" and Lessee's obligation to pay all Rental Payments
<br />and Additional Payments hereunder shall be absolute and unconditional under any and all circumstances subject to the terms and
<br />conditions of this Lease. 'Without limiting the generality of the foregoing, Lessee shall not be entitled to any abatement of rent or
<br />reduction thereof or set off against rent, including, but not limited to, abatements, reductions or set offs due to any present or future
<br />claims of Lessee against Lessor hereunder or otherwise; nor, except as otherwise expressly provided herein, shall this Lease terminate,
<br />or the respective obligations of Lessor or Lessee be otherwise affected, by reason of any defect in or damage to or loss or destruction
<br />of all or any of the Equipment from whatsoever cause, the taking or requisitioning of the Equipment by condemnation or otherwise,
<br />the lawful prohibition of Lessee's use of the Equipment, the interference with such use by any private person or corporation, the
<br />invalidity or unenforceability or lack of due authorization or other infirmity of this Lease, or lack of right, power or authority of
<br />Lessor to enter into this Lease or any insolvency, bankruptcy, reorganization or similar proceedings by or against Lessor or Lessee
<br />or for any other cause whether similar or dissimilar to the foregoing, any present or future law to the contrary notwithstanding, it being
<br />the intention of the parties hereto that the Rental Payments and Additional Payments payable by Lessee hereunder shall continue to
<br />be payable in all events unless the obligation to pay the same shall expire or be terminated pursuant hereto (including upon the
<br />occurrence of an Event of Nonappropriation) or until the Equipment has been returned to the possession of Lessor as herein provided
<br />(for all purposes of this Lease any item of Equipment shall not be deemed to have been returned to Lessor's possession until all of
<br />Lessee's obligations with respect to the return, transportation and storage thereof have been performed). To the extent permitted by
<br />applicable law, Lessee hereby waives any and all rights that it may now have or that at any time hereafter may be conferred upon
<br />it, by statute or otherwise, to terminate, cancel, quit or surrender this Lease or any of the items of Equipment except in accordance
<br />with the express terms hereof.
<br />31. ENTIRE AGREEMENT; WAIVER This Lease, all Exhibits hereto, together with the Delivery and Acceptance Certificate an
<br />other attachments hereto, and other documents or instruments executed by Lessee and Lessor in connection herewith, constitute the
<br />entire agreement between the parties with respect to the lease of the Equipment, and this lease shall not be modified, amended, altered,
<br />or changed except with the written consent of Lessee and Lessor.
<br />32. SEVERABILITY. Any Provision of this Lease found to be prohibited by law shall be ineffective to the extent of such prohibition
<br />without invalidating the remainder of the Lease. The waiver by Lessor of any term, covenant or condition hereof shall not operate
<br />as a waiver of any subsequent breach thereof.
<br />IN WITNESS WHEROEOF, the parties have executed this Lease as of this
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<br />LESSOR: AEL LEASING CO., INC. T/A AMERICAN EQUIPMENT LEASING
<br />BY:—
<br />TITLE: Y:TITLE:
<br />LESSEE: CITY OF COLTON
<br />TITLE:
<br />day of
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