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02-09-15 Agenda, Packet and Committee Meeting Notice
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02-09-15 Agenda, Packet and Committee Meeting Notice
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City Council - City Clerk
City Council - Document Type
Agendas
City Counci - Date
2/9/2015
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Upon request of the Lessee, the Authority agrees to furnish an itemized statement <br />setting forth the amounts required to be paid by the Lessee on the next rental payment date in order <br />to purchase the Project in accordance with the preceding paragraph. <br />If the Lessee exercises its option to purchase, the Lessee shall pay to the Trustee <br />that portion of the purchase price which is required to provide for the payment of all the Bonds, <br />including all premiums payable on the redemption thereof, accrued and unpaid interest thereon <br />and the costs of redemption thereof. Such payment shall not be made until the Trustee gives to <br />the Lessee a written statement that such amount will be sufficient to retire all Bonds including all <br />premiums payable on the redemption thereof and accrued and unpaid interest. <br />The remainder of such purchase price, if any, shall be paid by the Lessee to the <br />Authority. Nothing herein contained shall be construed to provide that the Lessee shall be under <br />any obligation to purchase the Project, or under any obligation in respect to any creditors or <br />bondholders of the Authority. <br />If the Lessee has not exercised its option to purchase the Project at the expiration <br />of the term of the Lease and upon the full discharge and performance by the Lessee of its <br />obligations under this Lease, the Authority shall execute a deed of the Project to the Lessee <br />conveying good and merchantable title thereto, subject only to Permitted Encumbrances. <br />Section 15. Defaults. If the Lessee shall (a) default in the payment of any rentals <br />or other sums payable to the Authority hereunder, or in the payment of any other sum herein <br />required to be paid for the Authority, (b) fail to comply with the terms set forth in the Lease <br />Resolution, or (c) default in the observance of any other covenant, agreement or condition hereof, <br />and such default under (c) shall continue for ninety (90) days after written notice to correct the <br />same, then, in any of such events, the Authority may proceed to protect and enforce its rights, <br />either at law or in equity, by suit, action, mandamus or other proceedings, whether for specific <br />performance of any covenant or agreement contained herein or for the enforcement of any other <br />appropriate legal or equitable remedy. <br />Section 16. Notices. Whenever either party shall be required to give notice to <br />the other under this Lease, it shall be sufficient service of such notice to deposit the same in the <br />United States mail, in an envelope duly stamped, registered and addressed to the other parry at its <br />last known place of business. A copy of any notice shall be mailed by first -class mail to the Trustee <br />at its last known place of business. <br />Section 17. Construction of Covenants. All provisions contained herein shall be <br />construed in accordance with the provisions of the Act and to the extent of inconsistencies, if any, <br />between the covenants and agreements in this Lease and the provisions of the Act, the provisions <br />of said Act shall be deemed to be controlling and binding upon the parties. <br />Section 18. Successors or Assigns. All covenants of this Lease, whether by the <br />Authority or the Lessee, shall be binding upon the successors and assigns of the respective parties <br />hereto. <br />-7- <br />US.55393881.03 <br />
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