05-09-2022 FINAL Notice and Agenda Packet

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63 All determinations made pursuant to this Section shall be made in accordance with the applicable provisions of Section 148(f) of the Code. The terms “bona fide debt service fund,” “gross proceeds,” and “nonpurpose investments” have the meanings assigned to them for the applicable purposes of Section 148(f) of the Code. Rebate Amount. The Trustee shall furnish information to and the Borrower shall engage (at the expense of the Borrower) an independent certified public accounting firm or law firm, to calculate, within 30 days after the end of the fifth Bond Year and every fifth Bond Year thereafter and within 30 days after the retirement of all Outstanding Bonds, the Rebate Amount, if any, as of the end of that Bond Year or the date of such retirement. The Borrower shall immediately notify the Trustee of the Rebate Amount and shall deliver copies of the calculation thereof to the Trustee. Within 60 days after the end of each Computation Date, the Borrower, acting on behalf of the Issuer, shall pay to the United States in accordance with Section 148(f) of the Code the Rebate Amount as of such Computation Date. On or about each Computation Date, the Trustee shall request in writing that the Borrower furnish it with copies of the calculations made pursuant to this Section and evidence of payment of the Rebate Amount to the United States, if applicable. The Trustee shall keep copies of the calculations made pursuant to this Section and provided to the Trustee. The Trustee shall be entitled to rely on the calculations made pursuant to this Section and shall not be responsible for any loss or damage resulting from any action taken or omitted to be taken in reliance upon those calculations. Records of the determinations required by this Section and any investment instructions given by the Borrower to the Trustee must be retained by the Trustee until six (6) years after the Bonds are no longer Outstanding. Notwithstanding anything herein to the contrary, the Borrower may cause the amount to be rebated to the United States in accordance with Section 148(f) of the Code to be calculated under a different method or at different times and may make such rebate payments at different times, provided that the Borrower, the Issuer and the Trustee shall have received a written opinion of Bond Counsel to the effect that using such method or timing of those calculations and making payments at such times will not adversely affect the exclusion of interest on the Bonds from gross income for federal income tax purposes. The Borrower shall promptly notify the Issuer and the Trustee of its use of such other method of calculation or making payment at such other time. END OF ARTICLE V ARTICLE VI THE TRUSTEE AND REMARKETING AGENT Section 6.01. Trustee’s Acceptance and Responsibilities.The Trustee accepts the trusts imposed upon it by this Indenture and agrees to observe and perform those trusts, but only upon and subject to the terms and conditions set forth in this Article, to all of which the parties hereto and the Holders agree: