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NON-APPROPRIATIONS ADDENDUM This is an addendum ("Addendum") to a Affinity Telecom d/b/a C-COM's Service Agreement between (Customer) City of Louisville and C-COM for the services referenced in the Agreement for Service. The purpose of this Addendum is to supplement the underlying Agreement as follows: The City of Louisville intends to continue this Agreement for its entire term and to satisfy its obligations hereunder. For each succeeding fiscal period: A. The City of Louisville agrees tOl include in its budget request appropriations sufficient to cover the City's obligations under this agreement. B. The City of Louisville agrees to use all reasonable and lawful means to secure these appropriations. C. The City of Louisville agrees it will not' use non-appropriations as a means of terminating this Agreement in order to acquire functionally equivalent products or services from a third party. The City of Louisville reasonably believes that sufficient funds to discharge its obligations can and will be appropriated and ma.de available for this purpose. In the event that the City of Louisville appropriates insufficient funds, by appropriation, limitation or grant, to continue payments under this Agreement and has no other funding source lawfully available to it for such purpose (as evidenced by notarized documents provided by the City of Louisville), the City of Louisville may terminate this Agreement by giving C-COM not less than 60 days prior written notice. Upon termination, the City of Louisville will remit all amounts due and all costs reasonably incurred by C-COM through the date of termination and to the extent of lawfully available funds, through the end of the then current fiscal period. Except as modified herein, terms and conditions of the underlying Agreement will remain in full force and effect. The parties hereby execute and authorize this addendum as the latest date shown below: Customer Affinity Telecom d/b/a C-COM . ..- L-;~t~ i 51:5}( Printed Name /?14yc:~ #!JflE Title Title 5/; /O.?- S-h~7 , , , ,. Date Date ,f