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1990-12-17 Resolution 27
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1990-12-17 Resolution 27
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7/17/2008 2:10:21 PM
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• such Lease and Pledged Funds, and except for Permitted <br />Encumbrances, as such term is defined in the Lease, and such other <br />encumbrances as shall be permitted by the Trustee; that it will not <br />commit or suffer any waste of said property; and that it will at <br />all times, directly or through. other appropriate governmental <br />.entities, operate the property and keep and maintain said property <br />and all buildings, structures, apparatus and appurtenances thereon <br />or thereof in good repair, working. order and condition, and will <br />from time to time make, or cause to be made, all needful and proper <br />repairs, renewals and replacements. <br />Sec. 5.05. The. Authority covenants that until all <br />indebtedness secured by this Agreement is fully paid, it will <br />faithfully observe and comply with the terms of all applicable laws <br />and ordinances of the State of Indiana and any political or <br />municipal subdivision thereof. <br />Sec. 5.06. If the Authority should at any time fail to pay <br />in apt season any tax, assessment or other charge upon the Project, <br />or any part thereof, or fail to pay promptly when payable any <br />license fee, franchise or corporation tax, or like statutory <br />charge, the Trustee may, without obligation to inquire into the <br />validity thereof, pay such tax, assessment, fee or other charge, <br />but without prejudice to the rights of the Trustee arising <br />hereunder in consequence of such default, and the amount of every <br />payment so made at any time by the Trustee, with interest thereon <br />• at the highest rate of interest on any one of the Bonds when sold, <br />whether or not then outstanding, from the date of payment, shall <br />constitute an additional indebtedness of the Authority secured by <br />the lien of this Agreement, prior or paramount to the lien <br />hereunder of any of said Bonds and the premium and interest <br />thereon. <br />Sec. 5.07. The Authority covenants that proper books of <br />record and account will be kept in which full, true and correct <br />entries will be made of all dealings or transactions of or in <br />relation to the properties, business affairs of the Authority, and <br />that it will: <br />(a) At such times as the Trustee shall reasonably <br />request, furnish statements in reasonable detail showing the <br />earnings, expenses and financial condition of the Authority. <br />(b) From time to time furnish to the Trustee such <br />information as to the property of the Authority as the Trustee <br />shall reasonably request. <br />(c) On or before the expiration of one hundred twenty <br />(120) days after the completion of the Project, furnish to the <br />Trustee a full audit and report, certified by independent certified <br />-20- <br />
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