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1992-08-07 Resolution 62
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1992-08-07 Resolution 62
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7/23/2008 2:02:15 PM
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Lessee under this Lease; provided, however, that neither the <br />' Authority nor the Trustee shall be under any obligation to obtain <br />such insurance, and any action or non-action of the Authority or <br />Trustee in this regard shall not relieve the Lessee of any <br />consequences of a default in failing to obtain such insurance. <br />Section 13. General Covenants. The Lessee shall not assign <br />this Lease. The Lessee covenants that, except for Permitted <br />Encumbrances, it will not encumber the Project, or permit any <br />encumbrance to exist thereon., and that it shall use and maintain <br />the Project in accordance with the laws and ordinances of the <br />United States of America, the State of Indiana, and .all other <br />proper governmental authorities. The Authority agrees that it <br />will, at the request of the Lessee, execute and deliver to or upon <br />the order of the Lessee such instrument or instruments as may be <br />reasonably required by the Lessee in order to subject the Project, <br />or the Authority's interest therein, to such encumbrances as shall <br />be 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. The Authority hereby <br />grants Lessee the right and option, on any rental payment date, <br />upon thirty days' written notice to the Authority, to purchase the <br />Project 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, the Authority agrees to furnish <br />an itemized statement setting forth the amounts required to be paid <br />by the Lessee on the next rental payment date in order to purchase <br />the Project 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, including <br />all premiums payable on the redemption thereof, accrued and unpaid <br />interest thereon and the costs of redemption thereof. Such payment <br />shall not be made until the Trustee gives to the Lessee a written <br />statement that such amount will be sufficient to retire all Bonds <br />including all premiums payable on the redemption thereof and <br />accrued and unpaid interest. <br />The remainder of such purchase price, if any, shall be paid <br />by the Lessee to the Authority. Nothing herein contained shall be <br />construed to provide that the Lessee shall be under any obligation <br />to purchase the Project, or under any obligation in respect to any <br />creditors or bondholders of the Authority. <br />• -7- <br />
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