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Lessee shall use and maintain the demised premises in accordance with the laws and ordinances <br />of the United States of America, the State of Indiana, and all other proper governmental <br />authorities. <br />Lessee has determined that a present need exists for the Projects, which need is <br />not temporary or expected to diminish in the near future. The Projects are essential to and will <br />be used by Lessee during the term thereof only for the purposes of performing one or more <br />governmental functions of Lessee consistent with the permissible scope of Lessee's authority and <br />will not be used in a trade or business of any person or entity. Lessee agrees to execute, if <br />requested, a certificate regarding such matters. <br />The Lessee covenants that it will not take any action or fail to take any action that <br />would result in the loss of the excludability from gross income for federal tax purposes of <br />interest on the Bonds pursuant to .Section 103(a) of the Internal Revenue Code of 1986, as <br />amended (the "Code "), as in effect on the date of delivery of the Bonds, nor will the Lessee act in <br />any manner which would adversely affect such excludability. The Lessee further covenants that <br />it will not make any investment or do any other act or thing during the period that any Bond is <br />outstanding hereunder which would cause any Bond to be an "arbitrage bond" within the <br />meaning of Section 148 of the Code and the regulations thereunder as in effect on the date of <br />delivery of the Bonds. All officers, members, employees and agents of the Lessee are authorized <br />and directed to provide certifications of facts and estimates that are material to the reasonable <br />expectations of the Lessee as of the date the Bonds are issued and to enter into covenants on <br />behalf of the Lessee evidencing the Lessee's commitments made herein. <br />8. Option to Purchase. Lessor hereby grants to Lessee the right and option, <br />on any date prior to the expiration of this Lease, upon written notice to Lessor, to purchase the <br />-7- <br />DMS_US 51840010x2 <br />