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<br />Section 5.07. Nonpresentment of Bonds.In the event that any Bond shall not be presented
<br />for payment when the principal thereof becomes due in whole or in part, either at stated maturity,
<br />by redemption or pursuant to any mandatory sinking fund requirements, or a check or draft for
<br />interest is uncashed, if moneys sufficient to pay the principal and premium, if any, then due on that
<br />Bond or to pay such check or draft shall have been made available to the Trustee for the benefit of
<br />its Holder, all liability of the Issuer to that Holder for such payment of the principal and premium,
<br />if any, then due on the Bond or interest on such Bond represented by such check or draft thereupon
<br />shall cease and be discharged completely. Thereupon, it shall be t he duty of the Trustee to hold
<br />those moneys, without liability for interest thereon, in a separate account in the Bond Fund for the
<br />exclusive benefit of the Holder, who shall be restricted thereafter exclusively to those moneys for
<br />any claim of whatever nature on its part under this Indenture or on, or with respect to, the principal
<br />and premium, if any, then due on that Bond or interest on such Bond represented by such check or
<br />draft.
<br />Any of those moneys, which shall be so held by the Trustee, and which remain unclaimed
<br />by any Bondholder for five years after the due date of such principal, premium or interest or the
<br />redemption date or the acceleration date of such Bonds, as the case may be, shall be applied by the
<br />Trustee in accordance with the Unclaimed Property Act, I.C. 32-9-1.5, as amended from time to
<br />time. Prior to the transfer of any such moneys to the Attorney General of the State in accordance
<br />with the Unclaimed Property Act, the Trustee will conduct searches in an effort to locate lost
<br />Bondholders using reasonable care to ascertain the correct addresses of all lost Bondholders in
<br />accordance with the rules governing registered transfer agents promulgated by the Securities and
<br />Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended, but only if
<br />and so long as the Trustee is a registered transfer agent under those rules. Upon the transfer of
<br />such moneys to the Attorney General of the State in accordance with the Unclaimed Property Act,
<br />the Issuer, the Borrower and the Trustee shall have no further responsibility or liability with respect
<br />to such moneys, and the Bondholders entitled to such principal, premium or interest, shall look
<br />only to the State for payment to the extent provided by law, and then only to the extent of the
<br />amounts so received by the State, without any interest thereon.
<br />Section 5.08. Repayment to the Bank, the Confirming Bank or the Borrower from the
<br />Bond Fund.Upon the transfer of such moneys to the Attorney General in accordance with the
<br />Unclaimed Property Act, the Trustee: (1) shall retain the investment earnings thereon in the Bond
<br />Fund, if any Bonds then remain Outstanding; or (2) shall transfer such earnings to the Bank and
<br />the Confirming Bank, if any, free of any trust or lien, unless the Bank and the Confirming Bank
<br />shall have confirmed to the Trustee in writing that no moneys are then due under the
<br />Reimbursement Agreement, in which case such earnings shall be paid to the Borrower, but only if
<br />(a) all of the Outstanding Bonds shall be deemed paid and discharged under the provisions of this
<br />Indenture and (b) all fees, charges and expenses of the Trustee and of all other amounts required
<br />to be paid under this Indenture, the Agreement and the Notes have been paid and discharged in
<br />accordance with the provisions hereof and thereof. Such obligation shall survive the defeasance
<br />of the Bonds pursuant to Article IX hereof.
<br />Section 5.09. Alternate Letter of Credit; Alternate Confirming Letter of Credit.The Letter
<br />of Credit initially expires on January 29, 2012, unless extended, or earlier as provided therein. The
<br />Borrower may, at its option, provide for the delivery to the Trustee of an Alternate Letter of Credit
<br />to take effect on a date selected by the Borrower (the “Replacement Date”). If the Project Bonds
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