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(g) The Owner agrees to provide the information required pursuant to the Owner <br />Continuing Disclosure Agreement executed by the Owner in connection with the PID Bonds. <br />(h) The Owner covenants to provide, or cause to be provided, such facts and estimates as <br />the City reasonably considers necessary to enable it to execute and deliver its Tax Certificate. The <br />Owner further covenants that (i) such facts and estimates will be based on its reasonable <br />expectations on the date of issuance of the PID Bonds and will be, to the best of the knowledge of <br />the officers of the Owner providing such facts and estimates, true, correct and complete as of that <br />date, and (ii) the Owner will make reasonable inquires to ensure such truth, correctness and <br />completeness. The Owner covenants that it will not make, or (to the extent that it exercises control <br />or direction) permit to be made, any use or investment of the Bond Proceeds that would cause any <br />of the covenants or agreements of the City contained in the Tax Certificate to be violated or that <br />would otherwise have an adverse effect on the tax - exempt status of the interest payable on the PID <br />Bonds for federal income tax purposes. <br />Section 6.03. Indemnification and Hold Harmless by Owner <br />THE OWNER WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY, <br />AND ITS OFFICIALS, EMPLOYEES, OFFICERS, REPRESENTATIVES, AND AGENTS (IN <br />THIS SECTION, THE "CITY ") AGAINST AND FROM, AND WILL PAY TO THE CITY, THE <br />AMOUNT OF, ALL ACTIONS, DAMAGES, CLAIMS, LOSSES, OR EXPENSE OF ANY <br />TYPE, WHETHER OR NOT INVOLVING A THIRD -PARTY CLAIM (COLLECTIVELY, <br />"DAMAGES "), ARISING DIRECTLY OR INDIRECTLY, FROM (i) THE BREACH OF ANY <br />PROVISION OF THIS AGREEMENT BY THE OWNER; (ii) THE NEGLIGENT DESIGN, <br />ENGINEERING, OR CONSTRUCTION BY THE OWNER OF ANY PUBLIC <br />IMPROVEMENT ACQUIRED BY THE CITY; OR (iii) THE OWNER'S NONPAYMENT <br />UNDER CONTRACTS WITH THE OWNER FOR ANY PUBLIC IMPROVEMENT UNDER <br />THIS AGREEMENT. THE OWNER WILL DEFEND THE CITY AGAINST ALL SUCH <br />CLAIMS AND THE CITY WILL REASONABLY COOPERATE AND ASSIST IN <br />PROVIDING SUCH DEFENSE. THIS SECTION SURVIVES THE TERMINATION OF THIS <br />AGREEMENT INDEFINITELY, SUBJECT TO APPROPRIATE STATUTES OF <br />LIMITATIONS, AS THEY MAY BE TOLLED OR EXTENDED BY AGREEMENT OR <br />OPERATION OF LAW. <br />ARTICLE VII. DEFAULT AND REMEDIES <br />(a) A Party shall be deemed in default under this Agreement (which shall be deemed a <br />breach hereunder) if such Party fails to materially perform, observe or comply with any of its <br />covenants, agreements or obligations hereunder or breaches or violates any of its representations <br />contained in this Agreement. <br />(b) Before any failure of any Party to perform its obligations under this Agreement <br />shall be deemed to be a breach of this Agreement, the Party claiming such failure shall notify, in <br />writing, the Party alleged to have failed to perform of the alleged failure and shall demand <br />performance. No breach of this Agreement may be found to have occurred if performance has <br />commenced to the reasonable satisfaction of the complaining Party within thirty (30) days of the <br />receipt of such notice (or five (5) days in the case of a monetary default), subject, however, in the <br />IV <br />