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19. NON -APPROPRIATION: Lessee's funding of this Agreement shall be on a Fiscal Year basis and is subject to annual appropriations. Lessor acknowledges that Lessee is a municipal corporation, is precluded by the County or State Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this Agreement shall constitute an obligation of future legislative bodies of the County or State to appropriate funds for purposes of this Agreement. Accordingly, the parties agree that the lease terms within this Agreement or any Schedules relating hereto are contingent upon appropriation of funds. The parties further agree that should the County or State fail to appropriate such funds, the Lessor shall be paid all rentals due and owing hereunder up until the actual day of termination. In addition, Lessor reserves the right to be paid for any reasonable damages. These reasonable damages will be limited to the losses incurred by the Lessor for having to sell the vehicles on the open used car market prior to the end of the scheduled term (as determined in Section 3 and Section 14 of this Agreement). IN WITNESS WHEREOF, Lessor and Lessee have duty executed this Master Walkaway Lease Agreement as of the day and year first above written. LESSOR: Enterprise FM Trust LESSEE: Signature: City of Santa Ana A� �lI� I_^ �C �fTa CY�Q Si�nor�ttrt P By: Signature: Enterprise Fleet Management, Inc. its attorney in fact 000vsieeee nr: FF By: By II,YY6V(�1YLB9Upp4LURA�. �tI�oUIIVIIe�hele Title: Title: Regional Sales Manager Address: 60 Civic Center Plaza Address: 1400 N. Kellogg Dr. Suite G PO Box 1981 Anaheim, CA 92807 Santa Ana, CA 92701 January 10, 2024 Date Signed: Date Signed: , UL Initials: EFCustomer