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No. 1506 approving a proposed lease between the SBRA and the SBRC for certain land and public improvements, approving preliminary plans, speccifications and cost estimates, setting a public hearing (Palais Royale)
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No. 1506 approving a proposed lease between the SBRA and the SBRC for certain land and public improvements, approving preliminary plans, speccifications and cost estimates, setting a public hearing (Palais Royale)
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the period that any Additional Bond is outstanding hereunder which would cause any Additional <br />Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code and the <br />regulations thereunder as in effect on the date of delivery of the Additional Bonds. All officers, <br />members, employees and agents of the Lessee are authorized and directed to provide certifications <br />of facts and estimates that are material to the reasonable expectations of the Lessee as of the date <br />the Additional Bonds are issued and to enter into covenants on behalf of the Lessee evidencing <br />the Lessee's commitments made herein. <br />Section 5. Abatement of Rent. (a) In the event that all or a portion of the Original <br />Project shall be damaged or destroyed so as to render the damaged or destroyed portion of the <br />Original Project unfit for its intended use, it shall then be the obligation of the Authority to <br />restore and reconstruct the damaged or destroyed portion of the Original Project as promptly as <br />may be done, unavoidable strikes and other causes beyond the control of the Authority excepted, <br />if, in the opinion of an independent registered architect, registered engineer, construction manager <br />or contractor selected by the Lessee and acceptable to the Trustee, (i) the cost of such restoration <br />or reconstruction does not exceed the amount of the proceeds received by the Authority from the <br />insurance provided for in Section 9 hereof allocable to the Original Project plus other moneys <br />available therefor and (ii) such restoration or reconstruction can be completed within the period <br />of time covered by the rental value insurance provided for in Section 9 hereof. If either or both <br />conditions shall not exist, the proceeds received from the insurance provided for in Section 9 <br />hereof shall be applied to the option to purchase price provided for in Section 14 hereof. The <br />rental attributable to the Original Project as reflected in Exhibit D(1) shall be abated pro rata for <br />the period during which the damaged or destroyed portion of the Original Project is unfit for its <br />intended use. <br />(b) In the event that all or a portion of the Additional Project shall be damaged or <br />destroyed so as to render the damaged or destroyed portion of the Additional Project unfit for its <br />intended use, it shall then be the obligation of the Authority to restore and reconstruct the <br />damaged or destroyed portion of the Additional Project as promptly as may be done, unavoidable <br />strikes and other causes beyond the control of the Authority excepted, if, in the opinion of an <br />independent registered architect, registered engineer, construction manager or contractor selected <br />by the Lessee and acceptable to the Trustee, (i) the cost of such restoration or reconstruction does <br />not exceed the amount of the proceeds received by the Authority from the insurance provided for <br />in Section 9 hereof allocable to the Additional Project plus other moneys available therefor and <br />(ii) such restoration or reconstruction can be completed within the period of time covered by the <br />rental value insurance provided for in Section 9 hereof. If either or both conditions shall not <br />exist, the proceeds received from the insurance provided for in Section 9 hereof shall be applied <br />to the option to purchase price provided for in Section 14 hereof. The rental allocable to the <br />Additional Project as reflected in Exhibit D(2) shall be abated pro rata for the period during <br />which the damaged or destroyed portion of the Additional Project is unfit for its intended use. <br />(c) In the event that all or a portion of the Combined Project shall be damaged or <br />destroyed so as to render the damaged or destroyed portion of the Combined Project unfit for its <br />intended use, it shall then be the obligation of the Authority to restore and reconstruct the <br />damaged or destroyed portion of the Combined Project as promptly as may be done, unavoidable <br />In <br />
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