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<br />I <br /> <br />I <br /> <br />I <br /> <br />WHEREAS, it is intended that this Agreement to Issue <br />Bonds shall constitute "some other similar official action" <br />toward the issuance of the Bonds within the meaning of <br />Section 1.103-8 (a) (5) of the Treasury regulations issued <br />pursuant to section 103(b) of the Internal Revenue Code of <br />1954, as amended (the "Code"); <br /> <br />NOW, THEREFORE, in consideration of the premises and <br />other good and valuable consideration and of the mutual <br />benefits, covenants and agreements herein expressed, the <br />.Corporation and the User agree as follows: <br /> <br />1. The User may, in its discretion, convey, or cause <br />to be conveyed, to the Corporation such interests in the <br />Proj€ct site as the User may determine to be appropriate <br />for the acquisition and construction of the Project by the <br />Corporation. The User and the Corporation hereby acknow- <br />ledge their express understanding and agreement that, <br />notwithstanding any rule of law or contract construction to <br />the contrary, upon the User's conveyance to the Corporation <br />of s.uch interests in the Project Site, title to all por- <br />tions of the Project as constructed at the Project site, <br />and to all materials delivered to and stored at the Project <br />Site which are intended to be a part of the Project, shall <br />be in the Corporation. Notwithstanding the foregoing, the <br />Corporation agrees that, upon the termination of this <br />Agreement and the compliance of the User with the require- <br />ments of paragraph 10 hereof, the Corporation's entire <br />right, titl.e and interest in and to the Project Site, all <br />portions of the Project as constructed at the Project Site <br />and all materials delivered to and stored at the Project <br />Site which are intended to become a part of the Project, <br />shall immediately transfer to and vest in the User. Fur- <br />ther, in order to confirm the foregoing transfer of title, <br />the Corporation agrees, upon such transfer, at the expense <br />of the User, to execute and deliver such instruments as may <br />be reasonably requested by the User to effectively vest in <br />the User all of the Corporation's right, title and interest <br />in and to the Project site, such portions of the Project <br />and such material stored at the Project Site. <br /> <br />2. Upon the User's conveyance to the Corporation of <br />interests in the Project Site in accordance with <br />paragraph 1 above, the User shall, as the Corporation's <br /> <br />-3- <br />