Laserfiche WebLink
6. Representations and Warranties of Lessee. Lessee represents, warrants and <br /> covenants to Lessor that: <br /> (a) The Lessee is a fully constituted political subdivision or agency of the State <br /> where the Equipment is located as set forth herein and is authorized by the Constitution and laws <br /> of the State. <br /> (b) Lessee has been duly authorized by all necessary action on the part of the <br /> Lessee, its governing body or other appropriate governing bodies and officials to execute, <br /> deliver, and perform the terms of this Agreement and further represents that all requirements and <br /> procedures have occurred that are necessary to ensure the enforceability of this Agreement, <br /> including Lessee's compliance with any applicable public bidding requirements. <br /> (c) This Agreement constitutes a legal, valid and binding obligation of Lessee, <br /> enforceable in accordance with its terms and does not contravene any lease, indenture, credit <br /> agreement or other agreement to which Lessee is a party or by which it is bound. <br /> (d) There are no pending or threatened actions or proceedings before any court, <br /> administrative agency or other body which may materially affect Lessee's financial condition or <br /> operations or which could have any effect whatsoever upon the validity, performance, or <br /> enforceability of the terms of this Agreement. <br /> (e) No consent, approval, or authorization of, registration with, or declaration to <br /> any agency or authority is required in connection with the execution and delivery of this <br /> Agreement. <br /> (f) Lessee is not in default(nor has any event occurred which, with notice or lapse <br /> of time, or both, would constitute a default) under any agreement or instrument to which Lessee <br /> is a party or under which Lessee or any of its assets is bound which could have any effect <br /> whatsoever upon the validity,performance, or enforceability of the terms of this Agreement. <br /> (g) There are no outstanding or unpaid judgments against Lessee. <br /> (h) Lessee has furnished to Lessor a copy of current financial statements and <br /> except for transactions directly related to, or specifically contemplated by, this Agreement and <br /> transactions heretofore disclosed in writing to Lessor, since the dates of such financial <br /> statements, there have been no changes in the financial condition and operations of Lessee from <br /> that shown in such financial statements through the date hereof which would have any effect <br /> whatsoever upon the validity, performance, or enforceability of the terms of this Agreement and <br /> there is no significant material fact or condition relating to the financial condition or business <br /> operations of Lessee which has not been related, in writing, to Lessor. Lessee shall furnish to <br /> Lessor within 90 days of the close of its fiscal year during the term of this Agreement audited <br /> financial statements and such other financial statements as the Lessor may request from time to <br /> time during the terms of this Agreement. Any financial statements furnished or to be furnished to <br /> Lessor by Lessee (whether audited or unaudited) shall be prepared in accordance with generally <br /> accepted accounting principles consistently applied and fairly present the financial condition and <br /> results of operations of Lessee at the dates and for the periods indicated therein. <br /> 4 <br />