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<br />26 <br />(5) The Issuer shall include any Policy Costs then due and owing the Series 2022 <br />Credit Provider in the calculation of the additional bonds test and rate covenant <br />set forth in the Bond Ordinance. <br /> <br />(6) The Trustee shall ascertain the necessity for a claim upon the Series 2022 Debt <br />Service Reserve Fund Credit Facility and provide notice to the Series 2022 <br />Credit Provider in accordance with the provisions of subparagraph (a) hereof <br />and to provide notice to the Series 2022 Credit Provider in accordance with the <br />terms of the Reserve Policy at least five (5) business days prior to each date <br />upon which interest or principal is due on the Series 2022 Bonds. Where <br />deposits are required to be made by the Issuer with the Trustee to the Bond Fund <br />for the Series 2022 Bonds more often than semi-annually, the Trustee shall give <br />notice to the Series 2022 Credit Provider of any failure of the Issuer to make <br />timely payment in full of such deposits within two (2) business days of the date <br />due. <br /> <br />(7) Solely from the Lease Rental Payments, the Issuer shall pay or reimburse the <br />Series 2022 Credit Provider any and all charges, fees, costs and expenses which <br />the Series 2022 Credit Provider may pay or incur, including, but not limited to, <br />fees and expenses of attorneys, accountants, consultants, and auditors and <br />reasonable costs of investigations, in connection with: (i) any accounts <br />established to facilitate payments under the Series 2022 Debt Service Reserve <br />Fund Credit Facility, (ii) the administration, enforcement, defense or <br />preservation of any rights or security in the Indenture or the Bond Ordinance or <br />any document executed in connection with the Bonds (the “Related <br />Documents”), including defending, monitoring or participating in any litigation <br />or proceeding (including any bankruptcy proceeding in respect of the Issuer) <br />relating to this Indenture or any other Related Document or the transactions <br />contemplated by the Related Documents; (iii) the foreclosure against, sale or <br />other disposition of any collateral securing any obligations under this Indenture <br />or any other Related Document, if any, or the pursuit of any remedies under this <br />Indenture, the Bond Ordinance, or any other Related Document, to the extent <br />such costs and expenses are not recovered from such foreclosure, sale or other <br />disposition, (iv) any amendment, waiver or other action with respect to, or <br />related to, this Indenture, the Series 2022 Debt Service Reserve Fund Credit <br />Facility, or any other Related Document whether or not executed or completed; <br />or (v) any litigation taken by the Series 2022 Credit Provider to cure a default <br />or termination or similar event (or to mitigate the effect thereof) under this <br />Indenture, the Bond Ordinance, or any other Related Document; costs and <br />expenses shall include a reasonable allocation of compensation and overhead <br />attributable to time of employees of the Series 2022 Credit Provider spent in <br />connection with the actions described in clauses (ii) through (v) above. The <br />Series 2022 Credit Provider reserves the right to charge a reasonable fee as a <br />condition to executing any amendment, waiver or consent proposed in respect <br />of the Indenture, the Bond Ordinance, or any Related Document. Amounts <br />payable by the Issuer hereunder shall bear interest at the Late Payment Rate <br />from the date such amount is paid or incurred by the Series 2022 Credit Provider <br />until the date the Series 2022 Credit Provider is paid in full.