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Agreement and the Facility. The parties hereto understand and agree <br />that the Company will utilize the Facility to further the purposes <br />of the Act. <br />2. Upon receipt of a request from the Company, the Issuer <br />will promptly issue the Bonds, maturing in such amount not exceed- <br />ing Six Hundred Forty -eight Thousand ($648,000.00) Dollars and at <br />such times, bearing interest at such rate or rates, payable on such <br />dates and containing such optional and mandatory redemption features <br />and prices as are requested by the Company, and will deliver the <br />Bonds to the purchaser thereof and cooperate to its fullest extent <br />in consummating the transaction. <br />3. That, subject to the requirements and provisions of the <br />Act, the Common Council of the Issuer will adopt the legislation <br />necessary to authorize the issuance of the aforesaid Bonds, and <br />the execution of such Financing Agreement on behalf of the Issuer. <br />4. In order to induce the Issuer to execute and deliver <br />this Agreement and ultimately to issue the Bonds, the Company <br />hereby agrees to defend, indemnify and hold the Issuer and any and <br />all officials thereof harmless against any and all loss, cost, <br />expense, claims or actions arising out of or connected with the <br />extension of this Agreement and the preparation of the proceedings <br />for, and the issuance, sale or delivery of, the Bonds. <br />IN WITNESS WHEREOF, the Issuer, pursuant to resolution passed <br />on November , 1979, has caused this Agreement to be executed <br />by the Mayor and the Company has caused this Agreement to be executed <br />by its Vice President as of the day and year first above written. <br />ATTEST: <br />Irene K. Gammon, City Clerk <br />STEEL WAREHOUSE OF INDIANA, INC. <br />By <br />Gerald Lerman, Vice President <br />CITY OF SOUTH BEND, INDIANA <br />By <br />-3- <br />Peter J. Nemeth, Mayor <br />