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1998-10-19 Resolution 130
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1998-10-19 Resolution 130
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7/16/2008 2:35:48 PM
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. ~ <br />• Section 5.13. The Authority covenants that whenever there aze sufficient funds held <br />by the Trustee in the Sinking Fund and/or Operation and Reserve Fund to pay the principal, <br />redemption premiums and interest to the next interest payment date on all outstanding Bonds, it will <br />call all outstanding Bonds for redemption and hereby consents and directs the Trustee to call all <br />outstanding Bonds for redemption. <br />Section 5.14. No person or entity or any combination thereof, other than the <br />Authority or a governmental unit (other than the federal government) will use proceeds of the Bonds <br />or property financed by said proceeds other than as a member of the general public. No person or <br />entity or any combination thereof, other than the Authority or a governmental unit (other than the <br />federal government) will own property fmanced by Bond proceeds or will have~actual or beneficial <br />use of such property pursuant to a lease, a management or incentive payment contract, an <br />arrangement such as atake-or-pay or other type of output contract or any other type of arrangement <br />that differentiates that person's or entity's use of such property from use by the public at large of such <br />property. <br />ARTICLE VI. <br />Insurance <br />• Section 6.01. The Authority covenants that it will carry or cause to be carried: <br />(a) Insurance on the Project against physical loss or damage thereto, <br />however caused, with such exceptions as aze ordinarily required by insurers of buildings or <br />facilities of a similaz type, which insurance shall be in an amount equal to one hundred <br />percent (100%) of the full replacement cost of the Project as certified by a registered <br />architect, a registered engineer, or a professional appraisal engineer selected by the Authority <br />with the approval of the Trustee, on the effective date of such insurance and on or before <br />April 1 of each year thereafter (such appraisal may be based on a recognized index of <br />conversion factors); and <br />(b) Rent or rental value insurance in an amount equal to the full rental <br />value of the Project for a period of two (2) years against physical loss or damage of the type <br />insured against under Section 6.01(a) above. <br />Section 6.02. Such insurance policies shall be maintained in good and responsible <br />insurance companies satisfactory to the Trustee, and shall be countersigned by an agent of the insurer <br />who is a resident of the State of Indiana. A copy of such policies, together with a certificate of the <br />Insurance Commissioner certifying that the persons countersigning such policies are duly qualified <br />in the State of Indiana as resident agents of the insurers on whose behalf they have signed, and the <br />azchitect's or engineer's certificates referred to in Section 6.01(a) shall be deposited with the Trustee. <br />Such schedule shall contain the names of the insurers, the amounts of each policy, the chazaeter of <br />::ODMA\PCDOCS\SBDOCSI\24203\2 -23- <br />
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