j. Info Serv lease on AS400 - Laserfiche WebLink

GOVERNMENTAL LEASE - PURCHASE MASTER AGREEMENT Name and Address of Lessee: Cass County 211 9th Street South P. O. Box 2806 Fargo, North Dakota 58103 Wells Fargo Brokerage Services, LLC Northstar East Building, 9th Floor MAC: N9303-095 608 Second Avenue South Minneapolis, MN 55479 I. LEASE. Lessor hareby agrees to lease to Lessee, slid Lessee hereby agrees to lease fi~om Lessor, the personal proper~ described ia a Supplement or Supplements to this Master Lease fxom time to time signed by Lessor mad Lessee upon the terms and conditions set forth in the related Supplement (such proper[y together with ali repiacemeats, repairs and additions mcmporated therein or affixed thereto being referxed to herein as "Equipraent" ). The lease of the items described in a pariicular Supplement shall be considered a separate lease pursuant te die terms of the Master Lease and the Supplement the same as ff a single lease agreement con~aththg such terms had been executed covering such itcms. 'l~e execution by Lessee of each Supplement shall evidence a determination by the Lessee that the Equipment covered ffiereby is essential to its proper, efficient and economic operation and desires to enter into that Supplement for the acquisition of that Equipment under the terms hereof, that the Equipment is necessary for the governmental fancfions of Lessee, m~d tlmt Lessor is neither the manufactarer nor a dealer or merchant of said Equipment, but has agreed to provide the funding for and on behalf of Lessee for the acquisition of said Equipment under the temas hereof at the specific request of Lessee. 2. DELIVERY AND ACCEPTANCE. Lessee will evidence its acceptance of the Equipment by executing and delivering to Lessor a Delivery and Acceptance Cer~Sficate (herein so called) in the form to be provided by Lessor. 3~ TERM. The renu of tlda Lease ~vlth respect to each item of Eqmpment shall begin on the date it is accepted by Lessee and shall continue from the rent commencement date slxown th the related Supplement u~less earlier tenamatod as provided herein. The rent commencement date is the Acceptance Dat~ as recorded on the Acceptance Cerdiicate. 4. RENE. Lessee shall pay as basic rent for the tull ~crm of this Lease th~ amotmt shown in the related Supplement as Total Rent, and a portion of each rent payment is paid as, aud represents the payment of interest, and Exlfiblt "A" attached to the related Supplement sets forth the interest component of each rent payment during the term_ The Total Rent shall be payable in installments each in the amount of tho basic rental payment set fordi in the related Supplement plus any applicable sales and use tax thereon. Lessee shall pay r~t in thstallmeths as shown in thc Related Supplement. Except as specifically provided in Sectth~ 5 hareof} the rental payments %v/Il be absolute and uuconditinnal in al1 events and Mil not be subject to any set-off~ defense, counter claim or recoupment for any reason Lessee reasonably believes that funds can be obtained sufficient to make ali rent payments during the term of the Lease and hereby covenants that it w/il do all things lawffilly within its power to obtath, mathtsiu and properly request and pursue fimds from which die rent payments may be made. The chief executive officer of the trait shall request the required appropriation fi'om the governing board m~d exl~aust all available adppnis~ralive reviews and appeals in the event such portion of the budget is not approved. 5. NON-APPROPRIATION OF FUNDS. If Lessee periodically requests from its legislative body or fimdiug authohBt funds to be paid to Lessor under tl~s Lease and, xtotwithstanding the nmking hx good faith of such request in accordance with appropriate procedures and with the exercise of rea~onable care and diligence, such legislative body or fimding authori~ does not epgrove iliads to