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the beneficial owners of the City's Obligations, if the TWDB sells or otherwise transfers <br />such Obligations, and the beneficial owners of the TWDB's bonds if the City is an <br />obligated person with respect to such bonds under SEC Rule 15c2-12; <br />6. the Obligations must contain a provision requiring the City to levy a tax and/or maintain <br />and collect sufficient rates and charges to produce system revenues in an amount <br />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 enhancements <br />are authorized by the Executive Administrator, requiring the City to submit a final <br />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 />'M' 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 />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 />PWO 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 />TWDB Commitment No. L1000600 <br />Exhibit A, Page 4 of 10 <br />