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05-22-2017 Packet
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05-22-2017 Packet
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(e) Simultaneously with the delivery to, or at the direction of, the Purchaser of the <br /> Bonds, which Bonds shall be substantially in the form set forth in the Indenture, the City shall <br /> furnish to the Purchaser a transcript of proceedings and the opinion of Ice Miller LLP, bond <br /> counsel,addressed to the Trustee as to, among other things,the validity of the Bonds. <br /> Section 2. If any provision of this Purchase Agreement shall for any reason be held <br /> to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not <br /> affect any of the remaining provisions of this Purchase Agreement and this Purchase Agreement <br /> shall be construed and be in force as if such invalid or unenforceable provision had not been <br /> contained herein. <br /> Section 3. This Purchase Agreement may be executed in one or more counterparts, <br /> any of which shall be regarded for all purposes as an original and all of which constitute but one <br /> and the same instrument. The Purchaser, the Company and the City each agree that they will <br /> execute any and all documents or other instruments and take such other actions as may be <br /> necessary to give effect to the terms of this Purchase Agreement. <br /> Section 4. No waiver by either the Purchaser, the Company or the City of any term or <br /> condition of this Purchase Agreement shall be deemed or construed as a waiver of any other <br /> terms or conditions, nor shall a waiver of any breach be deemed to constitute a waiver of any <br /> subsequent breach, whether of the same or of a different section, subsection, paragraph, clause, <br /> phrase or other provision of this Purchase Agreement. <br /> Section 5. This Purchase Agreement merges and supersedes all prior negotiations, <br /> representations, and agreements among the Purchaser, the Company and the City relating to the <br /> subject matter hereof and constitutes the entire agreement among the Purchaser, the Company <br /> and the City in respect hereof. <br /> -3- <br /> 1\l 1862988.2 <br />
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