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• • <br />of acquisition until the first April 15 or October 15 following such date of <br />completion. Thereafter such rentals shall be payable in advance in semiannual <br />installments on April 15 and October 15 of each year in the amounts set forth at <br />Schedule I attached hereto and incorporated herein. <br />The last semiannual rental payment due before the expiration of <br />this Second Addendum to Lease shall be adjusted to provide for rental at the <br />amount specified above for the applicable semiannual period prorated from the <br />date such installment is due to the date of the expiration of this Second Addendum <br />to Lease (without taking into account any subsequent early termination of this <br />Second Addendum to Lease pursuant to Section 2 hereof). <br />The Lessee will not take any action or fail to take any action that <br />would result in the loss of the exclusion from gross income for federal tax <br />purposes of interest on the 2008 Bonds pursuant to Section 103(a) of the Internal <br />Revenue Code of 1986, as amended (the "Code"), as in effect on the date of <br />delivery of the 2008 Bonds, nor will the Lessee act in any manner which would <br />adversely. affect such exclusion. The Lessee further covenants that it will not <br />make any investment or do any other act or thing during the period that any Bond <br />is outstanding hereunder which would cause any Bond to be an "arbitrage bond" <br />within the meaning of Section 148 of the Code and the regulations thereunder as <br />in effect on the date of delivery of the 2008 Bonds. All officers, members, <br />employees and agents of the Lessee are authorized and directed to provide <br />certifications of facts and estimates that are material to the reasonable <br />expectations of the Lessee as of the date the 2008 Bonds are issued and to enter <br />into covenants on behalf of the Lessee evidencing the Lessee's commitments <br />made herein. <br />3. The Second Addendum to Lease is further amended to provide that the <br />schedule attached hereto as Schedule I shall similarly be attached to the Second Addendum to <br />Lease as Schedule L <br />4. The parties hereto acknowledge that all remaining terms, covenants and <br />conditions as set forth in the Second Addendum to Lease shall remain in full force and effect. <br />**~~~ <br />BDDBOI 5453648v1 <br />-2- <br />