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<br />(b) Until exchanged for Bonds in definitive form, such Bonds in temporary form shaH be entitled <br />to the benefit and security of this Ordinance. <br /> <br />(c) The City, without unreasonable delay, shall prepare, execute and deliver to the Paying <br />AgentlRegistrar the Bonds in definitive form; thereupon, upon the presentation and surrender of the Bond <br />or Bonds in temporary form to the Paying Agent/Registrar, the Paying Agent/Registrar shall cancel the Bonds <br />in temporary form and authenticate and deliver in exchange therefor a Bond or Bonds ofthe same maturity <br />and series, in definitive form, in the authorized denomination, and in the same aggregate principal amount, <br />as the Bond or Bonds in temporary form surrendered. Such exchange shall be made without the making of <br />any charge therefor to any Owner. <br /> <br />Section 3.09. Replacement Bonds. <br /> <br />(a) Upon the presentation and surrender to the Paying Agent/Registrar, at the Designated <br />Payment/Transfer Office, of a mutilated Bond, the Paying Agent/Registrar shall authenticate and deliver in <br />exchange therefor a replacement Bond of like tenor and principal amount, bearing a number not <br />contemporaneously outstanding. The City or the Paying Agent/ Registrar may require the Owner of such <br />Bond to pay a sum sufficient to cover any tax or other governmental charge that is authorized to be imposed <br />in connection therewith and any other expenses connected herewith. <br /> <br />(b) In the event that any Bond is lost, apparently destroyed or wrongfully taken, the Paying <br />AgentlRegistrar, pursuant to the applicable laws of the State of Texas and in the absence of notice or <br />knowledge that such Bond has been acquired by a bona fide purchaser, shall authenticate and deliver a <br />replacement Bond oflike tenor and principal amount, bearing a number not contemporaneously outstanding, <br />provided that the Owner first: <br /> <br />(i) furnishes to the Paying AgentlRegistrar satisfactory evidence of his or her ownership <br />of and the circumstances of the loss, destruction or theft of such Bond; <br /> <br />(ii) furnishes such security or indemnity as may be required by the Paying <br />Agent/Registrar and the City to save them harmless; <br /> <br />(iii) pays all expenses and charges in connection therewith, including, but not limited <br />to, printing costs, legal fees, fees of the Paying Agent/Registrar and any tax or other governmental <br />charge that is authorized to be imposed; and <br /> <br />(iv) satisfies any other reasonable requirements imposed by the City and the Paying <br />Agent/Registrar. <br /> <br />(c) If, after the delivery of such replacement Bond, a bona fide purchaser of the original Bond <br />in lieu of which such replacement Bond was issued presents for payment such original Bond, the City and <br />the Paying Agent/Registrar shall be entitled to recover such replacement Bond from the person to whom it <br />was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover <br />upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred <br />by the City or the Paying Agent/Registrar in connection therewith. <br /> <br />(d) In the event that any such mutilated, lost, apparently destroyed or wrongfully taken Bond <br />has become or is about to become due and payable, the Paying Agent/Registrar, in its discretion, instead of <br />issuing a replacement Bond, may pay such Bond. <br /> <br />R:\SANMARIWWSS.OOIDOCSIFinallORDWWSS. WPD <br /> <br />9 <br />