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necessary to meet the debt service requirements of all outstanding obligations and to <br /> maintain the funds established and required by the Obligations; <br /> 7. the Obligations must include a provision requiring the City to use any loan proceeds from <br /> the Obligations that are determined to be remaining unused funds, which are those funds <br /> unspent after the original approved project is completed, for enhancements to the original <br /> project that are explicitly approved by the Executive Administrator or if no <br /> enhancements are authorized by the Executive Administrator, requiring the City to <br /> submit a final accounting and disposition of any unused funds; <br /> 8. the Obligations must include a provision requiring the City to use any loan proceeds from <br /> the Obligations that are determined to be surplus funds remaining after completion of the <br /> project and completion of a final accounting for the following purposes as approved by <br /> the Executive Administrator: (1) to redeem, in inverse annual order, the Obligations <br /> owned by the TWDB; (2) deposit into the Interest and Sinking Fund or other debt service <br /> account for the payment of interest or principal on the Obligations owned by the TWDB; <br /> or(3)deposit into a reserve fund; <br /> 9. the Obligations must contain a provision that the TWDB may exercise all remedies <br /> available to it in law or equity, and any provision of the Obligations that restricts or limits <br /> the TWDB's full exercise of these remedies shall be of no force and effect; <br /> MOM 10. loan proceeds are public funds and, as such, the Obligations must include a provision <br /> requiring that these proceeds shall be held at a designated state depository institution or <br /> other properly chartered and authorized institution in accordance with the Public Funds <br /> Investment Act, Government Code, Chapter 2256, and the Public Funds Collateral Act, <br /> Government Code, Chapter 2257; <br /> 11. loan proceeds shall not be used by the City when sampling, testing, removing or <br /> disposing of contaminated soils and/or media at the project site. The Obligations shall <br /> include an environmental indemnification provision wherein the City agrees to <br /> indemnify, hold harmless and protect the TWDB from any and all claims, causes of <br /> action or damages to the person or property of third parties arising from the sampling, <br /> analysis, transport, storage,treatment and disposition of any contaminated sewage sludge, <br /> contaminated sediments and/or contaminated media that may be generated by the City, its <br /> contractors, consultants, agents, officials and employees as a result of activities relating <br /> to the project to the extent permitted by law; <br /> 12. prior to closing, the City shall submit documentation evidencing the adoption and <br /> implementation of sufficient system rates and charges or, if applicable, the levy of an <br /> interest and sinking tax rate sufficient for the repayment of all system debt service <br /> requirements; <br /> 13. prior to closing, and if not previously provided with the application, the City shall submit <br /> executed contracts for engineering, and, if applicable, financial advisor and bond counsel <br /> contracts, for the project that are satisfactory to the Executive Administrator. Fees to be <br /> 3 <br /> TWDB Commitment No.L1000601 <br /> Exhibit A,Page 4 of 10 <br />