HomeMy WebLinkAboutRes 08-11A WA Contract with Apple Inc WESTLAKE ACADEMY A
RESOLUTION NO. 08-11 A
AUTHORIZING THE CEO OF THE ACADEMY TO ENTER INTO THE
CONTRACT ATTACHED HERETO AS EXHIBIT A WITH APPLE EDUCATION
INC.
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE
ACADEMY:
WHEREAS, the Academy enters into a three year contract with Apple Education
Inc.;
WHEREAS, Westlake Academy will upgrade and replace Apple laptops that
were purchased five years ago and have become obsolete;
WHEREAS, Apple Education Inc., will provide warranties and service, parts
and support for all computers purchased through this contract and will at the end of
contract will offer those computers to the school at the cost of$1.00 per computer
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE WESTLAKE ACADEMY:
SECTION 1: That the Board of Directors of Westlake Academy does hereby
authorize the CEO to enter into the contract attached hereto as Exhibit A with Apple
Education Inc..
SECTION 2: That this Resolution shall become effective upon the date of its
passage.
PASSED AND APPROVED ON THIS 9th DAY OF JUNE, 2008.
ATTEST: Laura Wheat, President
Kim putter, Secretary Thomas E. r MV own anger
APPROVED AS TO FORM:
L. Stanton L�' hool,Afiorney
' AppleEducation Proposal
Proposal for Westlake Academy Proposal Number: QUOTE WESTLAKE 050508
Maria Busico-Flight (817)490-5754 Proposal Date: May 5,2008
mbusico-flight @westlakeacademy.org Pricing valid until: June 23,2008
Apple Account#:
Standard EDU $135,102.15 .-
Total Discount -$18,914.29 Apple,Inc.
Final Price $116,187.86 12545 Riata Vista Circle
MS:198-3ED
Austin,Texas 78727
DIR#DIR-SDD-191 Comments:
Price does not include sales tax.
Proposal prepared by Patrick Donahue (800)800-2775 ext.46553
, pdonahue @apple.com Standard shipping is free.
. :ar
Prices,products&specifications are subject to change or discontinuance without notice. Offer not valid with any other sales promotions or offers. All
items quoted must be ordered to achieve discounted pricing. Include any additional items on a separate purchase order.
Description Part Number Qty Disc,Price Ext.Price
MacBook 2.1 GHz Intel Core 2
1 Duo/1 GB/120GB/Combo/i5ight/APX/BT MB402LL/A 95 ,::, $859.14 $81,618.30
MacBook 2.4GHz Intel core 2
2 Duo/2GB/16OGB/Super/iSight/APX/BT MB403LUA 5 $1,031.14 $5,155.70
3 AppleCare Protection Plan for MacBook/iBook-Auto Fnroll S2506Z/A 100 ir.'._ $15738 $15,738.00
4 Apple Mini-DVI to VGA Adapter M932OG/A 2 $14.71 $29,42
5 iWork'08 Site License(Up to 500 students plus 5OTeachers) D4387ZJA 1 $214.14 $214.14
6 iWork'08 Media Set MA795ZM/A 1 $12.90 $12.90
7 Time Capsule-1 TB MB277LL/A 4 $411.94 $1,64776
8 Xserve 2x2.8GHz/2x8OGB/1TB/Dual Power/Square/Super ZOE7 i $3,753.04 $3,753.04
AppleCare Premium Service&Support Plan for Xserve-
9 Auto Enroll S1686LL/A 1 $653.60 $653.60
Apple Training Series:Mac OS X Server Essentials,2nd
10 Edition TQ914Z/A T $51.56 $51.56
iMac 17"1.83GHz Intel Core 2
11 Duo/1GB/16OGB/Combo/iSight/APX ZODV 8 $811.84 $6,494.72
12 AppleCare Protection Plan for iMac/eMac-Auto Enroll S2504Z/A 8 $102.34 $816.72
Shipping $0.00
Extended Total $116,187.86
1
Financial Services ;2.r:�t€�z
Education Finance
Westlake Academy
Attention: Maria Pusico-Flight
AppleEquity
The AppieEquity option allows your school to create fixed casts, Build equity that can
be leveraged for more equipment year after year, and retain the benefits of a $1.00
purchase option lease structure. This is the best option for schools that want to own
their equipment at term's end, errant to build a fleet of systems quickly, anchor seek to
create a long-terra budgetary plan for their systems.
With the AppleEquity option, a school that ovens their equipment at term's end may
seek to trade in that equipment for credit toward new systems or for cash. Apple's
Trade-Ira Program for Education is available to guide your school through responsible
equipment disposal. luny schools have used this program to recover past years'
budget dollars in order to pay for a portion of their next systems deployment,
Amount Financed
AnnualAdvance Payment
PavrnentTerms
Years
JJ
Thank you for the opportunity to present this financing proposal for your review. I
look forward to discussing your unique situation further. Please do not hesitate to call
me at the contact information below with questions or concerns,
Regards,
Jennifer McWs
Inside Financing Manager
Southeast U.S. Region
Apple, Inc.
Apple Financial Services
12545 Riata Vista Circle
Austin,Texas 78727-6524
T: 512-674-2690
F. 512-674--2434
E: ji-nehis@apple.com
Financial Services 5/27/2008
Education Finance
AppleEquity- End of Term Options
Options available upon completion of the base financed term include:
1. Exercise the option to purchase the equipment at end of term for one dollar
2. Return all products to Apple at schedule-holder's expense
3. Exercise purchase option and trade in equipment at then-agreed upon values for
credit toward new purchase or payment
Pricing Notes and Conditions
Payments,rates,terms,and conditions contained in this non-binding proposal are offered for
informational purposes only and are subject to change without notice and shall not be construed as an
offer to extend credit or enter into any lease financing transaction.
Applications for credit or lease financing shall be subject to our independent credit review,and shall be
reviewed and/or approved subject to such terms and conditions as we may require in our sole discretion.
All quotes are exclusive of any applicable taxes.
This proposal is subject to the execution of mutually acceptable documentation between lessor and
lessee,the terms and conditions of which shall be controlling.
Lease Discount Disclosure Statement: Apple Computer,Inc.,as lessor,through the Apple Education
Finance Program,provides an equipment discount("Discount")to certain third party investors. The
proposed lease shall be financed by a particular third party investor and,therefore,the Discount may be
applied to facilitate this Lease Discount Promotion. The actual interest rate you will pay in respect of any
resulting lease shall be reflected in an amortization table provided with such lease.The lease discount
listed above refers to the lease discount for the lessor's assignee.
The lease charge portion of the Payments(described above)can be determined by applying to the Total
Adjusted Cost(described above)the rate which will amortize such Total Adjusted Cost down to the
Purchase Option amount(as described above)by payment of such Payments.The lease charge rate may
be higher than the actual annual interest rate because of the amortization of certain costs,expenses and
fees incurred by us. It is understood that even if our mutual intention is confirmed by you,neither party
shall be legally bound to the other by reason of this proposal,nor shall any rights,liabilities or obligations
arise as a result of this proposal.Rates are subject to verification that the Lessee is a state or political
subdivision as defined in Section 103 of the Internal Revenue Code of 1986.
9
Apple Inc. Lease Agreement
PHONE' (866)355-5767
FACSIMILE:(866)355-5770
Wesfla ek Academy (817)49 M764
WA Plain 01 mo 0rder ftmidon NmbK
"BidingAdtrass 9ind1moimtdM Wmeot,
2600 Ottinger Rd. Westlake TX 76262 r!are
EQull>lm MM Modes No. Seral Now Uerct (Attach Seimrale smsduie 11 Nema
See Attached Equipment Description
EvOnetf Location(1 r,at saeie as ebme) Cp! 5hEa Zip
Number d Lease PaAMRIs tease poxot #PLUS} Sates Pax (Ent1AL8) Telak Lease Pavr.W You no In 0 d mum and UMMM Cdalaho in bm sides 0105'.t»,and h arty Awma u to sane(au d
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Sedtriy[xaosit (rids) First r�FCHW (PLUS} 000 (€4UALS) TlmNm-••H Endladaa lA estlalce a emy
$41,495.50 + _ $41,495.50 Tara rfrdQnNUSE 6E nsim arwTTi�YrA CeeP�ddEOFtVrA.PA9nh4R aAftePAfrpay
TERMS&CfDl+OMONS
Please read YOUR of ibis Lease carefully and tree to ask US any Questions YOU may have about IL Words"YOU"wul"YOUR"Teferto the"Lossse"and the words"WE","US"and'OUR"refer to
Apple Itz.,the"Lessor"�System.
1.L ASe WE agree to toss 10 YOU alai YOU agree to lease(Tort?US,the System listed above(and on any attached schedule)Includim aP replacement pars,repairs,addAons W accessories CSystem"l
on the terms and condtum of kiss Lease and on any attached schedule,In order to maintain OUR rate of realm,YOU auftrize US to adjust the Lease Payments by not more 0un Man percent 116%)If tfce cost
of the System or taxes is more or lass than the suppiier'S esamate or 4 the Lease Is not accepted within thirty(30)days of the dale YOU son the Lease.
Z.TEFM:The Lease goes Into efteot and the term of the Lease begins when R Is signed and aerepted by E(tire"Commencement Date").The first Lease Payment is due on the date WE accept
the Lease or any later date designated by US.If WE designate the Lease Payments to begin later than the Commencement Date,YOU will pay an inWim Lease Payment for use of the System for the
period from the Commencement Date Dnill the first Lease Payment due date,calculated on the amount of the Lease Payments,the number of days in the period,and ayear of 350 days.Subsequent
Lease Payments Y4II be due as InwilCed by US fat micoasslve months unto the balance of the Lease Payments and any addiAonal Lease Paymmts or expenses chargeable to YOU under this Lease
are pad In full,YOUR obligation to pay the Lease Payments and ofher Lease obligations is absolute and tmcondiilonai and is not subject to cancellation,reduction,setoff or counterclaim.THIS
AGREEMENT IS NON-CANCELABLE.
S.LATE CWUE5lDOf t TM PEES:8 a Lease Payment is oaf grade when due,YOU will pay US,wain one moaih,a We charge of 5%of like payment or$14,00,witiolimr is greater,but stay
to the extent permitted by law.YOU agreeto pay LDS a too of$159,00,ides 11111th of one percent(1%)of the wiginaa System coat In excess of$511,000,to roimMnse OUR expenses(or prepar(nq financing
statements,of w documentation casts and all oquirtg admtnistratton sods during the term of this Lasso.
(Terms and Conditl=continued on the reverse side of this Agreement.)
IandurA usrd eater pas la.esaiwrttsi4tud u� the PieWisaaa Bail tl,e LasssYibryrd, umde�{Ye YW Ale
stet[he Sysltarr shmvn abare line boon reletved..t183 b¢en lad!n use,is is prod worausp mdu and is
least iYa m�i ♦o Posed i 4Ae L e m aka§v edtem o9et cemedks hCa ydngaQa p y�yyptp'
a�'mss nedrarssroGdaofouxpfaonudadatlrerrrnsbrd�nndW�rk�dtaerBie .na:,ae Dale
uad�s�eense+ls m an/aims a wo�almn omnrad to iw lessee erc�Um r anq/�cm4wo�n W uy
�aVOro d se Lessce m dhar va6poiA idaashp Yee�trgn�a as OroY .Tpls is a 'aq
s dun siruaaid ae q��rtls waHba asrae+eaofus s� PriNh&Me --
emseraad by epd tRnsltWtad in aceord9nee wAp ea:�elesa Caeosaaowaadh of Peen6Ytiaraa end t wamat to
exCWS1Ye iwiidicimn In aRf irate erraderai rsurl to PeptltJR"aRra arar warue rrlat hYleY•
f rree Tee
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Westlake Academ
HMAddress LaaiwSt wom Luis
Cite Stain Zip Prkel Hama
5ro.Sec,No. Phdta Lille
SNRW)JN Dare For
APPLE INC.
FM Name Lase number
PUB 69' 0
Haire Address Lease Cdnuerammt Dale
July 14,2008
Cke Yaxldr IA.Number
114849
Son Sx.No, i+Mna
Page i o12
a
4. DELIVERY AND ACCEPTANCE:YOU=responsible,at YOUR ooh cast,to arrange for System at the end of the origirrnlly scheduled term or the End of Lease Option Price
the delivery and installation of the System(unless such coats are Included In the cost of the ('Reslduan,with all accelerated Lease Payments and the Residual discounted at the laser of
System b US).YOU agree in accept the System what b Is delivered and to sign the System a)a per annum Interest rate equivalent to that at a U.S.Treasury rorrsfant maturity obligation
Axeptante supplied by US.WE may at OUR discretion Confirm by telephone that YOU have �as reported by Una U.S.Treasury Department)that would have a repayment term equal to the
accapded the System and thla telephone verif€cadon of YOUR acceptance of the System shah ramalnfng Lease term,all as reasonbly determined by US,or(b)3%per annum,but only to
have the same effect as a signed System Acceptance. the eMent permitted by taw;charge YOU Interest on all m ohres due US at the rate of eighteen
5. USE,MAINTENANCE,REPAIR,SUPPUES AND WARRANTIES:WE are leasing the pmrd(18%)per year from the date of default until paid,but in no event more than the max-
System to YOU'AS-IS"and WE MAKE NO WARRANTIES,EXPRESS OR IMPLIED,INCLUO- imam rate permitted by law:cfrarge YOU a return-ohook or norr-sutRelent funds charge("NSF
ING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.WE Charge")of$25.00 for a cheek lhatls returned foravy reason,and require that YOU return the
transfer to YOU for the term of this Leese all warranties,If any.made by the manufacturer. System to it$and in the evert YOU tail to return the System,enter upon the premises pace-
YOU ALSO ACKNOWLEDGE THAT NO ONE IS AUTHORIZED TO WAIVE 09 CHANGE ANY ably with or without legal process where the System Is located and repossess the System.
TERM.PROVISION OR CONDITION OF THIS LEASE AND EXCEPT FOR THE MANUFACTUR- Such return or repossession of the System win no coneftirle a termination of this Lease
ER WARRANTIES,MAKE ANY REPRESENTATION OR WARRANTY ABOUT THIS LEASE OR unless WE expressly notify YOU in writing.to the event the System is returned or repossessed
THE SYSTEM.WE SHALL NOT BE LIABLE FOR SPECIAL,RESULTING OR CONSEQUENTIAL by US arid unless WE have terminated this Lease,WE will sell or re-rant the System to any
DAMAGES OR LOSS OF PROFIT OCCASIONED BY ANY BREACH OF WARRANTY OR REP- persons with any terms WE determine,at one or more public or private sales,Wish or without
RESENTATION OR RESULTING FROM THE USE OR PERFORMANCE OF THE SYSTEM.YOUR notice to YOU,and apply the net proceeds after deducting the costs and expenses of such sale
OBLIGATION TO PAY IN PULL ANY AMOUNT DUE UNDER THE LEASE WILL NOT BE AFFECT- or reaeut,to YOUR obligations with YOU mnalning Sable for any deficiency aid with arty
ED BY ANY DISPUTE,CLAIM,COUNTERCLAIM,DEFENSE OR OTHER RIGHT WHICH YOU ratters berg retained by us.The Credit for any sums to be received by US from any such
MAY IIAVE OR ASSERT AGAINST THE SUPPLIER OR THE SYSTEM MANUFACTURER. nodal sisal iro disrAUrrtad w the data at the agreement at six percent(8%)per year.
6. TITLE,PERSONAL PROPERTY,LOCATION AND INSPEGTiGN:Unless YOU have a YOU as also rapfdred to fray(i)all aagr i=incurred by US ie Connection with the eiforce-
$1.00 purchase option,WE will have to tike to tore System.If YOU have a$t.00 purchase memo of any remedies,hlcludlng all expemes of repossess g,staring,shipping,miring and
ofh m andfor the Lome is deemed to be a security agreement,YOU grant US a security later- ceding the System,and(a)reasonable attomays'lace.
at In the system and all proceeds thereot YOU have the right to use the System for the Full 16.PURCHASE OPTION:Upon vpiration of the Lease term, provided YOU are riot in
Lease tame provided YOU comply with the terms and conditions of this tease.Although the defeW,YOU$half have the option in purchase as but not than less than all of the System on the
System may become attaefied to neat estate,tt remains personal property and Y.OU agree not terms as indicated in the End of Lassa Options Checked above.WE vltl use OUR reasonable jWg-
to permit a Hen to be placed upon the System or to ramove the System without OUR prior merry to determine the Sy$t$ms fair marlmt value tCr ell FMV IMURse options which shall be
written consent.If WE feel It is necessary,YOU agree to provide US with waly ers of interest based on the System remaining In piece.
or Hens,from anyone Claiming any Interest In the real estate on which any item of System 17.SECURITY DEPOSIT:Any security deposit is non-Interest bearing.WE may apply any
is located.WE also have the right,st reasonable threes,to inspect the System. security deposit to cure any default by YOU,in which event YOU will promptly restore any
7. MAINTENANCE,YOU are regtired,at YOUR own MW expense,to Wep the System amount so applied.If YOU are not in default.any security deposit will be returned tv YOU at the
In good repair,condition and worldng order,except for ordinary wax and tear,and YOU w,sup leradhaDoh of this Lease.
ply all parts acid servicing required.All repiexmant parts used or Installed and repairs made to 16.WARRANTIES:YOU warrant and represent that the System will be used tar business
the System win booeme OUR Property purposes,and not for personal,family or household purposes.
IiF THE EVENT THE LEASE PAYMENTS WOLUOE THE COST OF MAINTENANCE AND1011 19,UCC FMS AND FINANCIAL STArEME iTS:YOU wslfiortre US to file a fn acing
SERVICE BEING PROVIDED BY THE SUPPLIER ANWOR THE MANUFACTURER, YOU stakmeit wiM respect to the System and grant US the rightto signsuCh tfnan M statemem on
ACKNOWLEDGE THAT-WE ARE NOT RESPONSIBLE FOR PROVIDING ANY REOUiRED MAJN- YOUR behalf.If WE fool it Is necessary,YOU agree to submit financial statements(autilted it
TENANCE AND/OR SERVICE FOR THE SYSTEM-YOU WILL MAKE ALL CLAIMS FOR SERVICE available)on a quarterly basis.
MOOR MAINTENANCE SOLELY To THE SUPPLIER AND/OR MANUFACTURER AND SUCH 20,UCC—ARTICLE 2A PROVISRINS:YOU agree that ftss Lease Ie a Finanro Lease as that
CLAIMS WILL NOT AFFECT YOUR OBLIGATION TO MAKE ALL REQUIRED LEASE PAYMENTS. term Is defined In Ankle 2A of the Unilmm Corri memlal Code(-UW) YOU admowiedge that
e. ASSIGNMENT:YOU AGREE NOT TO TRANSFER,SELL,SUBLEASE,ASSIGN,PLEDGE WE have given You the name of the SuppBet of the System.WE hereby von YOU that YOU
OR ENCUMBER EITHER THE SYSTEM OR ANY RIGHTS UNDER THIS LEASE WMO1UT OUR may have rights cadet the cordract with the Supplier acrd YOU 4'contact the Supplier tar a
PRIOR WRITTEN CONSENT.YOU agree that WE may sell,assign ortnumferlhis Lease and If WE dswrlpOon of any rights or warranties that YOU may have under this supply contract.YOU also
do,the new owner wig have the same rights and ben$hts that WE now have and wLfi not have to vralve any and all rights and remedies granted YOU under Sections 2A-508 through 2A-522 of
perform any of OUR oblfgaliolmardl teat the rights of the saw owner will not W subject to any the UCC.
claims,defenses,or sd-offs that YOU may have against US. 21.CHOICE OF LAVt This Lease Shall he deemed fully emoted and performed 10 the
9. REDELIVERY AND REIIEWAL:Upon atIng ninety(90)turtnot more than one hundred Commonwealth of Pennsylvania and shall be governed and aonsdrued la secordanca with the
twortty o)days written nefte to US prior to the mipafation of the Lassa term.YOU shall advise Eaves thareat.YOU ement to and agree pled non mAcaiva jar wi,pensoaal or oftnulse,
US of YOUR Irtantim to ndtan Use Syatam to US at the end of the Low term.Provided YOU Our M and*0 System sdla0 Its whit tie Cmuts of I*Ccmmwwmlfk of Paansyfvanta or the
have given such fimegf notice,YOU shall return the 5ystom,freight and hisauance prepaid,to US F adaj iiistrt Coact[a the Eastern f)i Md of Peruhsirkarria solelIyy at oar option wllh hasped to
In good repah,Candlf€on and wmrkin®onim ordinary wear and tear esaxpted,In a manner and easy prevision of iii$Lease.YOU ALSO AGREE TG WAIVE YOUR Wild!!'TO ATRIAL BY JURY,
to a location designated by US.if YOU tali to notify US,or having notified US,YOU fail to return 22.ENTIRE AGREfNlEmT,SEVER [UOY,WAIVERS:This Loose comcns the enim agree-
the System as provded herein.this Lease"I renew for consecutive one hundred eighty(180) mein and tnsden;kWing.No agreeasants or understandbtgs arc bindmg on the parties unless set
day periods and YOU aWn to continue to male Lease Payments at the same monthly Lease forth in writing and signed by the parties.Any provision of!his Lease which for any reason may
Payments as adtforth in the Lem SUMOettothe right of edherpartytolerminata the Lem upon tie how unarrianxable.in any rtsdsctfon shall,as to such Jurisdiction,be Ineffective wiltrout
shalt 60)days writes rMIN,in wh ch ease YOU will Immh�ately deriver the System to US as ihvandallog tha.....nlmgpr ohs of this Lease.THIS LEASE IS NOT INTENDED FOR TRANS-
stared In 1hls paragrapb. AC nONS WITH AN SYSTEM COST LESS THAN$1,000•
Is.LOSS GR DAMAGE,YOU arc responssbhe for the risk at loss or destruction at,or dam- 28. MISCELLANEOUS. You agree tot a facslnile wiry of the Lease with facsimile signs-
age to the System.No such tons or damage relieves YOU from am obligation under iris Lease. tunes may be treated as an original and vin be admissible ere evidence of the Lease.
11.DIDENINITY:WE arc tat responsible mrahny losses or injuries caused by the installation
or use of the System.YOU a"to reimburse US for and to defend US against any claim for
teases or injuries caused by the System.This Indemnity vdll wrdfnue oven after the terriAm ion
of this Lease.
12.TAXES-.YOU agree to pay all iiicense and registration tees,sale and use faces,personal
property taxes and all other tortes and charges,rafeting to the ownership,leasing,MAW,sate,
purchase,possession or use of the System as part of the Leese Payment or as billed by US.YOU
agree that H WE pay act taltas or charges on YOUR behalf,You wN reimburse US for all such
Payments and will pay US Interest and a late Ohm"(as calculated in Section 8)on such pay-
melds with the nW tease Payment,plus a fee for OUR collecting and ad11111I erlrhg any auras,
assessments or fees and remitting them 10*6 appropriate authatities.YOU will IsdemrsfyUS on
on after-tax bwis agaistfhe less of any ux benefits anticipated at the Catahmncernant DO arising
art of YOUR acts w omisskhns.
13.I I.SURANCE:During the term of this Lem,YOU will keep the System Insured against
all risks at toss or damage In an amount not less loran the replacement Cost of the System,vriffh-
out deductible and without od-Insurance,YOU will also Obtain ad ralntahr for the term of this
Lease,Comprehensive public IIabI£ity Insurance aweriag both personal injury and propertydarm-
age of at least$100,000 per person acrd$3 AOO per occurrence tar bodily imjmy and$50.OW
ter property damage.WE wilt beOna*muned loss payeson the property Insurance and named
as to additional insured on the public liability Insurance.YOU will pay all Premiums for such
insurance anti must delhw proof Of ltnsuranoe rmvmaga satisfactory to US.R YOU do not pro-
vide such Insurance,YOU agfm that WE have the right,but net the Obligation,to obtain such
Insurmme and add an Insurance fee to the amount dun from YOU.an Whieh WE 1011E a protL
14.DEFAULT:YOU are in default of this Lease if any of the fellovrrng occurs:a)YOU fait to
pay any Lease payment or other sum when due;hj YOU breach amt warranty or other obligation
under this Lease,or any other agreement wftfi US;Q YOU,any partner or any guarantor dies,
YOU become Insolvent or unable to pay YOUR debts when dua-YOU stop doing business as a
gig concern;YOU merge,consoiidate.transfer 29 or substantially at of YOUR assets;YOU
make an assignment for the benefit of creddois or YOU undergo it substanthat deterioration in
YOUR linahoW eonditsorrr,or 4)YOU,amt guararitor Or Say partner,voluntarily Ole or have filed
against YOU or it linjumtarily,it pe ftlon for nquidaNas,reorganization,adjustment of debt or
similar relief under the Federal Bankruptcy Code or any Other present or future federal or state
sat>St
bar&nplcy pall of YOUR omits or a assets ,receiver or liquidator Is appointed for YOU or A or a a
r�
15.REME023:WE have the folknving'rnmedies If YOU are In default of this Lassa;WE may c"
declare the entire balance of the unpaid Lease Payments for the full mtm Immediately due and cc
payable,sue for and rarxlve all Lease Payments and any ether payments then accrued or accel- r
crated under this Loose or any other agreament pfus the estimated fair market value of the °
Pape R a 2 ��
472007 Aa Praeroed pfrlw kr am LISA.07AP r ri
ATTACHMENT 1 TO LEASE AGREEMENT
EQUIPMENT DESCRIPTION
EQUIPMENT DESCRIPTION QUANTITY
MacBook 2.1 GHz Intel Core 2 Duo/1 GB/120GB/Combo/iSight/APXIBT 95
MacBook 2.4GHz Intel core 2 Duo/2GS/160GBISuperhSight1APX/BT 5
AppleCare Protection Plan for MacBookriBook-Auto Enroll 100
Apple Mini-DA to VGA Adapter 2
Work Site License(Up to 500 students plus 50 Teachers) 1
iWork'08 Media Set 1
Time Capsule-1 TB 4
Xserve 2x2.8GHz/2x8OGB/ITB/Dual Power/Square/Super 1
AppleCare Premium Service&Support Plan for Xserve-Auto Enroll 1
Apple Tralning Series:Mac OS X Server Essentials,2nd Edition 1
Wac 17"1.83GHz Intel Core 2 Duo/1 GB1160GB/Combo1iS1ghtlAPX 8
AppleGare Protection Plan for iMac/eMac-Auto Enroll 8
EXHIBIT E
PLEASE COMPLETE ETTIIER FINAL OR PARTIAL ACCEPTANCE,AS RELEVANT
FINAL ACCEPTANCE CERTIFICATE
RE: Lease Agreement,dated as of.July 14,2008,between Apple Inc.,as Lessor,and Westlake Academy,as"Lessee"
In accordance with the Lease Agreement(the"Agreement),the undersigned Lessee hereby certifies and represents to,and agrees with Lessor as
follows:
(1) All of the Equipment(as such terns is defined in the Agreement)listed in the Equipment Description(the`Description")has been delivered,
installed and accepted on the date hereof.
(2) Lessee has conducted such inspection and/or testing of the Equipment listed in the Description,as it deems necessary and appropriate and
hereby acknowledges that it accepts the Equipment for all purposes.
(3) Lessee is currently maintaining the insurance coverage required by Section 13 of the Agreement.
(4) No event or condition that constitutes,or with notice or lapse of tune,or both,would constitute,an Event of Default(as defined in the
Agreement)exists at the date hereof
Westlake Academy
'By:
Title:
Acceptance Date: _
OR
PAYMENT REQUEST AND PARTIAL ACCEPTANCE CERTIFICATE
Apple Inc.is hereby requested to pay the person or entity designated below as Payee,the sure set forth below in payment of a portion or all of the cost of
the acquisition described below. The amount shown below is due and payable under the invoice of the Payee attached hereto with respect to the cost of
the acquisition of the equipment and has not formed the basis of any prior request for payment The equipment described below is part or all of the
"Equipment"listed in the Equipment Description attached to the Lease Agreement referenced above.
uantit Serial Number/Description Amoun t
Payee:
Payee's Federal ID Number.
Lessee hereby certifies and represents to and agrees with Lessor as follows:(i)the equipment described above has been delivered,installed and accepted
on the date hereof, (ii) Lessee has conducted such inspection and/or testing of said equipment as it deems necessary and appropriate and hereby
acknowledges that it accepts said equipment for all purposes;(iii)Lessee is currently maintaining the insurance coverage required by Section 13 of the
Agreement; (iv)no event or condition that constitutes, or with notice or lapse of time or both would constitute, an Event of Default(as such term is
defined in the Agreement)exists at the date hereof
Bated Westlake Academy
LESSEE
By
Title
PLEASE RETURN PAYWNT REQUEST TO:
Apple Inc.
Lease Processing Center
2600 Grand Boulevard,Suite 380
Kansas City,MO 64108