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(b) Lessee's governing body has duly authorized the <br />execution and delivery of this Lease and further represents and <br />warrants that all requirements have been met and procedures followed <br />to ensure its enforceability. <br />(c) The execution, delivery and performance of this Lease do <br />not and will not result in any breach of or constitute a default under <br />any indenture, mortgage, contract, agreement or instrument to which <br />Lessee is a party by which it or its property is bound. <br />(d) There is no pending or, to the knowledge of Lessee, <br />threatened action or proceeding before any court or administrative <br />agency which will materially adversely affect the ability of Lessee to <br />perform its obligations under this Lease. <br />(e) The Property being leased is essential to Lessee in the <br />performance of its governmental functions and its estimated useful life <br />to the Lessee exceeds the term of this Lease. <br />SECTION 3B. Covenants of Lessee. Lessee covenants to <br />Corporation that: <br />(a) Throughout the term of this Lease, the Property shall be <br />used for performing one or more governmental functions consistent with <br />the permissible scope of Lessee's authority and shall not be used in a <br />trade or business of any person or entity that may be construed as a <br />"private business use" under the Internal Revenue Code. <br />(b) Lessee shall take necessary steps to comply with any and <br />all federal laws and regulations relative to preserving the tax-exempt <br />status of this Lease. <br />(c) Lessee covenants to take such action as may be necessary <br />to include all rental payments in its annual budget, and annually to <br />appropriate an amount necessary to make such rental payments. During <br />the term of this Lease, Lessee will furnish to Corporation. if so <br />requested, copies of each proposed budget of Lessee within thirty (30) <br />days after it is filed and of each final budget of the Lessee within <br />thirty (30) days after it is printed. The covenants on the part of <br />Lessee shall be deemed and construed to be duties imposed by law and it <br />shall be the duty of each and every public official of Lessee to take <br />such action and do such things as are required by law in the <br />performance of the official duty of such officials to enable Lessee to <br />carry out and perform the covenants and agreements in this Lease agreed <br />to be carried out and performed by Lessee. <br />SECTION 4. Representations and Warranties of Car oration. Corporation represents and warrants to Lessee that: <br />(a) Corporation is duly organized, validly existing and in <br />good standing under the laws of the State of California, with full <br />corporate power and authority to lease and own real and personal <br />property. <br />ig <br />