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FEB-23-St3 15.30 FROM=MARK PRESSMAN ASSOC 10:4154210755 PAGE 11/15 SECTION 4.2 Termination by Lessee. In the sole event of Non -appropriation, Lessee shall have the right to terminate this Lease, in whole but not in part, at the end of any Fiscal Year of Lessee, in the manner and subject to the terms specified in this Section and Sections 4.4 and 4.5. Lessee may effect such termination by giving Lessor a written notice of termination and by paying to Lessor any Rental Payments and other amounts which are due and have not been paid at or before the end of its then current Fiscal Year. Lessee shall endeavor to give notice of such termination not less than sixty (60) days prior to the end of such Fiscal Year, and shall notify Lessor of any anticipated termination. In the event of termination of this Lease as provided in this Section. Lessee will deliver possession of such Equipment to Lessor in accordance with Section 12.3, and shall convey to Lessor or release its interest in the Equipment within ten (10) days after the termination of this Lease. SECTION 4.3 Intent to Continue Lease Term: AD I-rQgrI tions. Lessee presently intends to continue this Lease for its entire Term and to pay all Rental Payments specified in Exhibit B. Lessee's County Executive will include in the budget request for each Fiscal Year the Rental Payments to become due in such Fiscal Year and will use all reasonable and lawful means available to secure the appropriation of money for such Fiscal Year sufficient to pay the Rental Payments coming due therein. Lessee's County Executive reasonably believes that moneys in an amount sufficient to make all such Rental Payments can and will lawfully be appropriated and made available for this purpose. SECTION 4.4 Effect of 'f ermination. Upon termination of this Lease as provided in Section 4.2. Lessee shall not be responsible for the payment of any additional Rental Payments coming due with respect to succeeding Fiscal Years, but if Lessee has not delivered possession of the Equipment to Lessor in accordance with Section 12.3 and conveyed to Lessor or released its interest in the Equipment within ten (I0) days after the temrunation of this Lease the termination shall nevertheless be effective, but Lessee shall be responsible for the payment of damages in an amount equal to the amount of the Rental Payments thereafter coming due under Exhibit B which are attributable to the number of days after such ten (10) days period during which Lessee fails to take such actions and for any other loss suffered by Lessor as a result of Lessee's failure to take such actions as required. SECTION 4.5 bion-stlhstit_ tion. If this Lease is terminated by Lessee in accordance with Section 4.2, Lessee agrees not to purchase. lease or rent personal property to perform the same functions as, or functions taking the place of, those performed by such Equipment Group, and agrees not to permit such functions to be performed by its own employees or by any agency or entity affiliated with or hired by Lessee, for a period of three hundred sixty (360) days: provided, however, that these restrictions shall not be applicable in the event the Equipment shall be sold by Lessor and the amount received from such sale, less all costs of such sale, is sufficient to pay the then applicable Purchase Option Price as se: forth in Exhibit B; or if or to the extent that the application of these restrictions would affect the validity of this Lease. SECTION 4.6 Termin-lion of Lease—Term, The Term of this Lease will terminate upon the occurrence of the first of the following events: (a) the tennination thereof by Lessee in accordance with Section 4.2; (b) the exercise by Lessee of its option to purchase Lessor's interest in all Equipment Groups pursuant to ?article X; (c) a default by Lessee and Lessor's election to terminate this Lease with pursuant to Article XII; or (d) the payment by Lessee; of all Rental Payments and ail other arm mts authorized or required to be paid by Lesse.- hereunder.