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Res 1978-055
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Res 1978-055
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8/18/2008 3:57:25 PM
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City Clerk
City Clerk - Document
Resolutions
Number
1978-55
Date
7/3/1978
Volume Book
49
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<br />. <br /> <br />m. So long as the Government holds any of the Bonds, it will <br />waive for such Bonds the noncallable provisions, redemption <br />premiums, and publications of notice of call applicable thereto <br />with respect to the Bonds held by the Government. <br /> <br />n. This Agreement is not for the benefit of third parties, <br />including the holders in due course from time to time of any <br />of the Bonds, and the Government shall be under no obligation <br />to any such parties, whether or not indirectly interested in <br />said Agreement, to pay any charges or expenses incident to <br />compliance by the Borrower with any of its duties or obligations <br />thereunder. <br /> <br />2. Note Payable to the Government <br /> <br />a. Simultaneously with the delivery' of tne Note to the Government <br />the Borrower shall furnish to the Government from counsel satis- <br />factory to the Government an opinion -which shall express the counsel's <br />general approval of the Note, and shall state that said Note has been <br />issued pursuant to all requirements of law, and that said Note, when <br />delivered and paid for, will constitute a binding and legal obligation <br />payable and secured in accordance with the tenor thereof and terms and <br />conditions in this Agreement. <br /> <br />b. So long as the Government holds the Note, the Grantee/Borrower <br />shall furnish operating statements for the Project, and any facilities, <br />the revenues of which are to be applied to payment of the Note, in such <br />form and substance for such periods as may be requested by the <br />Government. <br /> <br />c. The Grantee/Borrower shall during construction and thereafter so <br />long as the Government holds the Note, carry insurance, and during <br />construction require each contractor and subcontractor to carry <br />insurance, of such types and in such amounts as the Government may <br />specify with insurance carriers acceptable to the Government. <br /> <br />I <br /> <br />d. The Grantee/Borrower shall establish such accounts and maintain such <br />accounting procedures as may be necessary or helpful in the accurate <br />accounting for the segregation of revenues to be applied to the payment <br />of the Note and for the allocation of expenses, costs of maintenance and <br />overhead. <br /> <br />e. Monies on deposit to the credit of accounts and funds established <br />and maintained in conformity with the provisions of this Agreement or <br />to fund payments from net revenues may be invested upon request by the <br />Grantee/Borrower, in direct obligations of or obligations, the principal <br />of and the interest on which are guaranteed by, the U.S. Government. <br />Any interest earned on deposits of Grant funds shall inure to the benefit <br />of the Government. <br /> <br />- 11 - <br />
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