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1988-06-17 Resolution 7
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1988-06-17 Resolution 7
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7/17/2008 11:41:23 AM
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• of rental payable by the Lessee under this ,Lease; provided, <br />however, that neither the Authority nor the Trustee shall be <br />under any obligation to obtain such insurance, and any actiom or <br />non-action of the Authority or the Trustee in this regard shall <br />not relieve the Lessee of any consequences of a default in <br />failing to obtain such insurance. <br />Section 13. General Covenants. It is understood and agreed <br />that the Lessee, without the consent of the Authority, shall be <br />.permitted in its sole. and absolute discretion to enter into <br />separate subleases and other agreements (on any terms and <br />conditions including but not limited to .length of term the <br />Lessee, in its sole discretion, deems appropriate) with respect <br />to use of the Facility. The Authority hereby acknowledges the <br />rights of parties as lessees and licensees of the Facility under <br />the terms of agreements both prior to, as well as prospective <br />from, execution of this Lease. The Authority hereby agrees that <br />any sublessee will have quiet enjoyment of the premises subleased <br />in the event of a default by Lessee hereunder, so long as those <br />parties with whom the Lessee has contracted are not.. in default <br />under the terms of their. respective agreements. The Lessee <br />covenants that, except for Permitted Encumbrances, it will not <br />encumber the Facility, or permit any encumbrance to exist <br />thereon, and that it shall use and maintain the Facility in <br />accordance with the laws and ordinances of the United States of <br />America, the. State of Indiana, and all other proper governmental <br />• authorities. The Authority agrees that it will, at the request <br />of the Lessee, execute and deliver to or upon the order of the <br />Lessee such instrument or instruments as may be reasonably. <br />required by the Lessee in order to subject the Facility, or the <br />Authority's interest therein, to such encumbrances as shall be <br />specified in such request and as shall be permitted by the <br />provisions of this Section 13 or otherwise by the definition of <br />"Permitted Encumbrances.." <br />Section 14. Option to Purchase. Authority hereby grants the <br />Lessee the right and option, on any rental payment date, upon <br />thirty days' written notice to the Authority, to purchase the <br />Facility at a price equal to the amount required to enable the <br />Authority to provide for the redemption of all outstanding Bonds, <br />all premiums payable on the redemption thereof, and accrued.. and <br />unpaid interest, and to pay the cost of redeeming the Bonds and <br />liquidating the. Authority if it is to be liquidated. <br />Upon request of the Lessee, Authority agrees to furnish an <br />itemized statement setting forth the amounts required to be paid <br />by the Lessee on the next rental payment date in order to <br />purchase the Facility in accordance with the preceding paragraph. <br />If the Lessee exercises its option to purchase, .the Lessee <br />shall pay to the Trustee that portion of the purchase price which. <br />is required to provide for the payment of all the Bonds, <br />•' including all premiums payable on the redemption thereof, accrued <br />-6- <br />
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