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Xerox-2007-15GTC-2 W7-l5 Lease Agreement customer: GRAND TERRACE CITY HALL BillTo: CITY OF GRAND TERRACE Finance Dept 22795 Barton Rd Grand Terrace. CA 92313-5295 Install: CITY OF GRAND TERRACE 22795 Barton Rd Grand Terrace, CA 92313-5295 State or Local Government Negotiated Contract : 071396905 -Solution Pholo for Display Only I ' I Product Description 1 Agreement Information 1 Trade Information Requested Item i Install Date 1. CC265H (CC265/COPIER/HCF/DAD) -Office Finisher -Customer Ed "---= Monthly Pricing Total $270.66 ~ Authorized Signature Lease Term: Purchase Option: 60 months FMV Minimum Payments (Excluding Applicable Taxes) -Xerox DC460DC S/N NE4038005 Trade-In as of Payment 60 -Consumable Supplies Included for all prints -Pricing Fixed for Term Customer acknowleges receipt of the terms of this agreement which consists of 2 pages including this face page. Thank You for your business! This Agreement is proudly presented by Xerox and Signer: Tracey Martinez WS F971 14 07/27/2007 11:42:57 Phone: (909)430-2212 Date: D7/z1 /rn Phillipa Riley (909)484-7289 For information on your Xerox Account. go to www.xerox.com/AccountManagement Confidential -Copyrighte> 2007 XEROX CORPORATION. All rights reserved. 7/27/2007 Page 1of2 Lease Agreement Terms and Condrt1ons INTRODUCTION: 1. NEGOTIATED CONTRACT. The Products are subject solely to the terms contained in the Negotiated Contract identified on the lace or this Agreement, and, ii applicable, the then current standard Xerox terms and conditions for the selected option or options. to the extent the subject matter or any such selected option is not addressed in the Negotiated Contract. GOVERNMENT TERMS: 2. REPRESENTATIONS & WARRANTIES. You hereby represent and warrant, as of the date or this Agreement, that: (1) you are a State or a fully constituted political subdivision or agency or the State in which you are located and are authorized to enter into, and carry out, your obligations under this Agreement and any other documents required to be delivered in connection with the Agreement (collectively. the "Documents"); (2) the Documents have been duly authorized, executed and delivered by you in accordance with all applicable laws. rules, ordinances and regulations (including. but not limited to, all applicable laws governing open meetings. public bidding and appropriations required in connection with this Agreement and the acquisition or the Products) and are valid, legal, binding agreements. enforceable in accordance with their terms and the person(s) signing the Documents have the authority to do so, are acting with the lull authorization or your governing body and hold the offices indicated below their signatures. each or which are genuine; are acting with the full authorization or your governing body and hold the offices indicated below their signatures, each or which are genuine; (3) the Products are essential to the immediate performance or a governmental or proprietary function by you within the scope or your authority and shall be used during the term hereof only by you and only to perform such function; and, (4) your obligations to remit payments under this Agreement constitute a current expense and not a debt under applicable state law and no provision or this Agreement constitutes a pledge or your tax or general revenues and any provision that is so construed by a court or competent jurisdiction is void from the inception or this Agreement. 3. FUNDING. You represent and warrant that all payments due and to become due during your current fiscal year are within the fiscal budget or such year and are included within an unrestricted and unencumbered appropriation currently available for the purchase/maintenance or the Products, and that it is your intent to use the Products for the entire term and to make all payments required under this Agreement. In the event that (1) through no action initiated by you. your legislative body does not appropriate funds for the continuation or this Agreement for any fiscal year after the first fiscal year and has no funds to do so from other sources, and (2) you have made a reasonable but unsuccessful effort to find a creditworthy assignee acceptable to Xerox in its sole discretion within your general organization who can continue this Agreement, this Agreement may be terminated. To effect this termination. you shall, thirty (30) days prior to the beginning or the fiscal year for which your legislative body does not appropriate funds for such upcoming fiscal year, send Xerox written notice stating that your legislative body failed to appropriate funds and that you have made the required effort to find an assignee. Your notice must be accompanied by payment or all sums then owed through the current year to Xerox under this Agreement and must certify that the canceled Equipment is not being replaced by equipment performing similar functions during the ensuing fiscal year. In addition, you agree at your expense to return the Equipment in good condition to a location designated by Xerox and that. when returned, the Equipment will be free or all liens and encumbrances. You will then be released from your obligations to make any further payments to Xerox beyond those due for the current fiscal year (with Xerox retaining all sums paid to date). PRICING PLAN/OFFERING SELECTED: 4. PRICING FIXED FOR TERM: If Pricing Fixed for Term is identified in the Maintenance Plan Features, the amount you pay Xerox to maintain the Equipment shall not increase during the initial term of this Agreement GENERAL TERMS & CONDITIONS: 5. REMOTE DATA COLLECTION. Xerox may automatically collect from the Equipment, via electronic transmission to a secure off-site location, certain data used by Xerox or a designated servicer to support and service the Equipment, or for Xerox billing. supplies replenishment or product improvement purposes. Automatically transmitted data may include, but is not limited to. product registration, meter read. supply level, Equipment configuration and settings. software version, and problem/fault code data. All such data shall be transmitted in a secure manner specified by Xerox. WS F97114 07/27/200711:42:57 Confidential -Copyrighte> 2007 XEROX CORPORATION . All rights reserved. Page 2 of 2