AMENDMENT NO.1 DATED March 19, 2009
TO THE MASTER LEASE AGREEMENT DATED March 19, 2009
BETWEEN CITY OF REDONDO BEACH, CALlFORNIA
AND DELL FINANCIAL SERVICES L. C.L:
This Amendment is made part of and modifies the Master Lease Ageement and any subsequent amendments thereto (heeinafter refened to as the "AgreemenY') belween City of Redondo Beach, Califomia ("Lessee") and Dell Financial Services L. C. (" LLessor"). Terms not defned otherwise herein shali have the meaning ascribed to them in the Agreement. To the extent of any conflict or inconsistency between this Amendment and the terms and conditibns of . the Agreement, this Amendment will prevail.
The Agreement is hereby modified as follows:
Section 11, "Representations and Warranties of Lessee".
In subsection (b) and (c), insert at the end of the last sentence of'each subsection the following: °(except as limited by bankruptcy or other laws or general application affecting the enforcement of creditors' rights)"..
In the first sentence of subsectiort (g), following "actions, suits," insert "or"; following proceedings" delete "inquiries or investigations,°; following °body, pending or" insert ", to Lessee'sknowledge;'.
2. " 16, "Indemnification".
In the first, sentence of this . Section, following "incurred in connection with" insert Lessee'sperformance of'.
In the third sentence of this.Section, foltowing "any loss caused" delete "solely". " At the end of the fourth sentence, insert "(such approval not to be unreasonably withheld or delayed)".
Except as amended hereby, the Agreement is restated and shall remain in futl force and effect.
IN WITNESS WHEREOF, this Amendment has been duly executed by each party as of the day and year first above written.
LESS012: LESSEE:
DELL FtNANCIA VICES L. C. CITY OF NDOB CALI IA
By: By:
Title:
Gre ry DeKocic Title: / IGVd
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Ifl6 D S TO F AA:
ASSI G ORN
BRIAN HI KEY
ATTEST: .
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AMENDMENT NO. 2
DATED , 2011
TO THE MASTER LEASE AGREEMENT DATED MARCH 19, 2009
BETWEEN REDONDO BEACH, CA
AND DELL FINANCIAL SERVICES L. C.L
This Amendment is made part of and modifies the Master Lease Agreement and any subsequent amendments thereto (hereinafter referred to as the "Agreement") between Redondo Beach, CA ("Lessee") and Dell Financial Services L. C. (" LLesso'). Terms not defined otherwise herein shall have the meaning ascribed to them in the Agreement. To the extent of any conflict or inconsistency between this Amendment and the terms and conditions of the Agreement, this Amendment will prevail.
The Agreement is hereby modified as follows:
7. SECTION 9: RISK OF LOSS; MAINTENANCE; INSURANCE.
Delete the second sentence of subsection (a) in its entirety and replace it with the following:
During the Lease Term, Lessee at its sole discretion has the option to purchase a maintenance agreement from the provider of its choice (including, if it so chooses, to self-maintain the Products) or to forgo such maintenance agreement altogether; regardless of Lessee's choice, Lessee will continue to be responsible for its obligations as stated in the first sentence of this Section.° Except as amended hereby, the Agreement is restated and shall remain in full force and effect.
IN WITNESS WHEREOF, this Amendment has been duly executed by each party as of the day and year first above written.
LESSOR: LESSEE:
DELL FINANCIA RVICES L. C. L REDOND CH,
BY By:
Title: Gre
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ryDeKock
r Anaratinw
Title: '"`KL'- in 1Y1/O
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ATTEST:
ELEAN R N ANO, C LERK
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