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prorated from the date of completion until the first May 28 or November 28 <br />following such date of completion, or such lesser amount as may be permitted by <br />Section 3.3 of the Trust Indenture as a result of funds remaining on deposit. <br />Thereafter, such rentals for the 1999 Project shall be payable in advance in <br />semiannual installments on May 28 and November 28 of each year as provided <br />for in the lease payment schedule attached hereto as Exhibit B, or such lesser <br />amount as may be permitted by Section 3.3 of the Trust Indenture as a result of <br />funds remaining on deposit. <br />(b) The first semiannual rental installment for the 2005 Project (as <br />defined herein) shall be at the rate specified in Exhibit C or such lesser amount as <br />shall be permitted by Section 3.03 of the Trust Indenture as a result of funds <br />remaining on deposit, and shall be due on the day that the 2005 Project is <br />complete and ready for use and occupancy or May 28, 2006, whichever is later. If <br />completion is later than May 28, 2006, the first installment shall be in an amount <br />which provides for rental at the rate specified in Exhibit C hereto for the <br />semiannual period in which the 2005 Project is completed and ready for use, <br />prorated from the date of completion until the first May 28 or November 28 <br />following such date of completion, or such lesser amount as may be permitted by <br />Section 3.3 of the Trust Indenture as a result of funds remaining on deposit. <br />Thereafter, such rentals for the 2005 Project shall be payable in advance in <br />semiannual installments on May 28 and November 28 of each year as provided <br />for in the lease payment schedule attached hereto as Exhibit C, or such lesser <br />amount as may be permitted by Section 3.3 of the Trust Indenture as a result of <br />funds remaining on deposit. <br />(c) All rentals payable under the terms of this Lease shall be paid by <br />the Lessee to the Trustee, or to such other bank or trust company as may from <br />time to time succeed said Trustee under the Trust Indenture securing the Bonds <br />(as such term in defined in the Trust Indenture) issued or to be issued by the <br />Lessor. <br />(d) All payments so made by the Lessee shall be considered as <br />payment to the Lessor of the rentals payable hereunder. Such payments shall be <br />made from available funds of the Lessor. The obligation of Lessee to make such <br />rental payments is a current expense and not to be construed as a debt of Lessee. <br />Nothing herein shall be interpreted as constituting a pledge of the Lessee to levy <br />or collect a tax to provide funds for the payment of the rentals payable hereunder. <br />If the Lessee fails to appropriate sufficient funds to pay the lease rentals for the <br />Project, equal or like facilities cannot be substituted for the Project. Upon a <br />failure of the Lessee to appropriate such funds for payment of Project, (i) this <br />Lease will terminate with respect to the Project, (ii) Lessee will take all action to <br />peaceably transfer possession of the demised premises to Lessor, and (iii) Lessee <br />shall have no further claim to said demised premises. <br />-3- <br />BDDBOI 4069489v1 <br />