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• SECTION 15. NON -APPROPRIATION 15.1 Nature of Obligations of the Lessee. (a) Except as otherwise provided in this Section, the obligation of the Lessee to make rental payments and all other payments provided for in this Agreement and to perform its obligations under this Agreement will be absolute and unconditional, and such rental payments and other amounts will be payable without any rights of set-off, recoupment or counterclaim that the Lessee might have against the Lessor or any other person and whether or not the Equipment is used by the Lessee or available for use by the Lessee. (b) While recognizing that it is not empowered to.make any binding commitment beyond the current fiscal year of the Lessee, it is the current intention of the Lessee to make sufficient annual appropriations during the Lease Term to pay all rental payments and other amounts required to be paid by the Lessee`under this Agreement. Notwithstanding anything in this Agreement to the contrary, the Lessee's obligation to pay the cost and expense of performing its obligations under this Agreement including without limitation its obligations to pay all rental payments and all other amounts required to be paid by the Lessee under this Agreement, are subject to and dependent upon appropriations being made from time to time by •the City Council of the City of Charlottesville, Virginia and the Lessee for such purpose. The Lessee directs the Finance Director or other officer charged with the responsibility of preparing the Lessee's budget to include in the budget for eachfiscal year of the Lessee during the Lease Term a request that the City Council appropriate in the fiscal year the amount of rental payments and other payments due under this Agreement during such fiscal year. The Lessee shall notify the Lessor in writing each year during the Lease Term that such budget request has been made as soon as practicable following the submission of the Lessee's annual budget to the City Council. If at any time during any fiscal year of the Lessee, the amount appropriated in the budget of the Lessee for the fiscal year is insufficient to pay when due the rental payments and other amounts due under this Lease, the Lessee directs the Finance Director (or other officer charged with responsibility for preparing the Lessee's budget) to submit to the City Council, at the next scheduled meeting of the City Council, or as promptly as practicable, but in any event within 45 days, a request for a supplemental appropriation sufficient to cover the deficit. (c) Termination of this Agreement pursuant to this Section 15.1 as a result of non -appropriation shall not be deemed to be an Event of Default, but such termination shall entitle the Lessor to exercise any one or more of the remedies set forth in Sections 14.2 (c), (d) or (e). 15.2 Notice of Appropriation. The Lessee shall give notice to the Lessor by no later than June 30 of each year of the amount budgeted and appropriated by the City Council for all • payments required to be made by the Lessee under the Agreement in the Fiscal Year commencing 12