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respect to, the principal then due of that Bond or of such check or draft. The Trustee shall notify <br /> the Borrower in writing of any Bond that has not been presented for payment when the principal <br /> thereof becomes due. <br /> Any of those moneys which shall be so held by the Trustee, and which remain unclaimed <br /> by the Holder of a Bond not presented for payment or check or draft not cashed for a period of <br /> four years after the due date thereof, shall be paid to the Borrower free of any trust or lien, upon <br /> a request in writing by the Borrower. Thereafter, the Holder of that Bond shall look only to the <br /> Borrower for payment and then only to the amounts so received by the Borrower without any <br /> interest thereon, and the Trustee shall not have any responsibility with respect to those moneys. <br /> Section 5.09. Rhe ayment to the Borrower from Certain Funds and Accounts. Any <br /> amounts remaining in the Bond Fund, the Project Fund or the Assignment Fund (i) after all of the <br /> outstanding Bonds shall be deemed paid and discharged under the provisions of this Indenture, <br /> and (ii) after payment of any Rebate Amount, all fees, charges and expenses of the Trustee, the <br /> Registrar and any Paying Agents or Authenticating Agents, the Issuer and of all other amounts <br /> required to be paid under this Indenture, the Agreement, the Regulatory Agreement and the Note, <br /> shall be transferred to the Residual Fund and (x) used to pay Project Costs and (y) thereafter, <br /> paid to the Borrower. <br /> Section 5.10. Rebate Fund. Any provision hereof to the contrary notwithstanding, <br /> amounts credited to the Rebate Fund shall be free and clear of any lien hereunder. <br /> Within five days after each Computation Date, the Borrower, or an Independent <br /> accounting firm or other firm knowledgeable with regard to the computation of the Rebate <br /> Amount engaged by the Borrower, shall calculate the Rebate Amount as of that Computation <br /> Date and provide the results of such calculations to the Trustee. If the amount then on deposit in <br /> the account in the Rebate Fund is in excess of the Rebate Amount, the Trustee shall forthwith <br /> pay that excess amount to the Borrower. If the amount then on deposit in the applicable account <br /> in the Rebate Fund is less than the Rebate Amount, the Borrower shall, within five days after <br /> receipt of the aforesaid notice from the Trustee, pay to the Trustee for deposit in the Rebate Fund <br /> an amount sufficient to cause the applicable account to contain an amount equal to the Rebate <br /> Amount. Within 30 days after the initial Computation Date, and every Computation Date <br /> thereafter, upon written direction from the Borrower, the Trustee, acting on behalf of the Issuer, <br /> shall pay to the United States in accordance with Section 148(f) of the Code from the moneys <br /> then on deposit in the Rebate Fund an amount equal to 90% (or such greater percentage not in <br /> excess of 100% as the Borrower may direct the Trustee to pay) of the Rebate Amount as of such <br /> Computation Date. Within 60 days after the payment in full of all outstanding Bonds, upon <br /> written direction from the Borrower, the Trustee shall pay to the United States in accordance <br /> with Section 148(f) of the Code from the moneys then on deposit in the Rebate Fund an amount <br /> equal to 100% of the Rebate Amount as of such final Computation Date and any moneys <br /> remaining in the Rebate Fund following such payment shall be paid to the Borrower. <br /> The Trustee shall be entitled to rely on the calculations made pursuant to this Section and <br /> shall not be responsible for any loss or damage resulting from any action taken or omitted to be <br /> taken in reliance upon those calculations. <br /> -34 - <br />