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<br />the City, including amounts received from the investment of any of the foregoing, <br />that, based upon the facts, estimates, and ci.rcumstances known on the Closing Date, <br />would result in constituting the Certificates "arbitrage bonds," within the meaning <br />of Section 148 of the Code, and the City will not take any deliberate action <br />motivated by arbitrage that would have such result. <br /> <br />(e) Proper officers of the City charged with the responsibility of issuing <br />the Certificates are hereby directed to make, execute and deliver certifications as <br />to facts, estimates and circumstances in existence as of the Closing Date and <br />stating whether there are any facts, estimates or circumstances that would <br />materially change the City's current expectations. <br /> <br />(0 The covenants and representations made or required by this Section <br />are for the benefit of the Holders and may be relied upon by the Holders and bond <br />counsel for the City. <br /> <br />ARTICLE X <br />DEF AUL T AND REMEDIES <br /> <br />Section 10.01. Events of Default. <br /> <br />Each of the following occurrences or events for the purpose of this Ordinance <br />is hereby declared to be an "Event of Default," to-wit: <br /> <br />(i) the failure to make payment of the principal of or interest on <br />any of the Certificates when the same becomes due and payable; or <br /> <br />(ii) default in the performance or observance of any other <br />covenant, agreement or obligation of the City, the failure to perform which <br />materially, adversely affects the rights of the Holders, including but not <br />limited to, their prospect or ability to be repaid in accordance with this <br />Ordinance, and the continuation thereof for a period of 60 days after notice <br />of such default is given by any Holder to the City. <br /> <br />Section 10.02. Remedies for Default. <br /> <br />(a) Upon the happening of any Event of Default, then and in every case <br />any Holder or an authorized representative thereof, including but not limited to, a <br />trustee or trustees therefor, may proceed against the City for the purpose of <br />protecting and enforcing the rights of the Holders under this Ordinance, by <br />mandamus or other suit, action or special proceeding in equity or at law, in any <br />court of competent jurisdiction, for any relief permitted by law, including the <br />specific performance of any covenant or agreement contained herein, or thereby to <br />enjoin any act or thing that may be unlawful or in violation of any right of the <br />Holders hereunder or any combination of such remedies. <br /> <br />1434f <br /> <br />-24- <br />