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6.04. Termination of Early Withdrawal and Suspension. <br />i. Any right contained in Section 6.03 for early withdrawal of funds shall terminate when <br />the Measure For Determining Project Viability has been achieved. <br />ii. Any right contained in Section 6.03 for early withdrawal of funds and suspension and <br />the provisions of Sections 5.04 and 5.05 shall terminate upon the occurrence of any of the <br />following: <br />(a) Twenty -four (24) months prior to the scheduled commencement of regularly <br />scheduled passenger train service by the Rail District that includes service within the jurisdiction <br />providing funding, such commencement date to be publically determined by the District. <br />(b) Upon the commencement of Rail District actions required for federal and state <br />agency commissioning of passenger rail service operations by the Rail District within the <br />jurisdiction providing funding. <br />6.05. Excess Funds. When the Zone is in operation and funds are being deposited into <br />the Tax Increment Fund, Rail District will annually identify any excess Tax Increment Funds not <br />needed for reserves under Section 2.07, operations and maintenance or for capital or equipment <br />replacement of the Project and return the excess funds to the taxing authority Party contributing <br />the funds. <br />ARTICLE 7 <br />MISCELLANEOUS <br />7.01. Severability of Invalid Term. In the event any term, covenant, or condition herein <br />contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall <br />not affect any other term, covenant, or condition herein contained, provided that such invalidity <br />does not materially prejudice any Party hereto in its respective rights and obligations contained <br />in the valid terms, covenants, or conditions hereof. <br />