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Section VIII. The City Controller is hereby authorized and directed to have the <br />Warrants prepared, and the Mayor, the City Controller, and the City Clerk are hereby <br />authorized and directed to execute all Warrants in the manner and substantially the form <br />provided in this Ordinance. <br />Section IX. The City Controller is hereby authorized to deliver the Warrants to the <br />Purchaser, upon receipt from the Purchaser of payment in accordance with the terms of the <br />Warrant Purchase Agreement. <br />Section X. The City Controller and other appropriate officers of the City are <br />hereby authorized and directed to make such filings and requests, deliver such certifications, <br />execute and deliver such documents and instruments, and otherwise take such actions as are <br />necessary or appropriate to carry out the terms and conditions of this Ordinance and the actions <br />authorized hereby and thereby. <br />Section XI. The City hereby covenants that the City and its officers shall not take <br />any action or fail to take any action with respect to the proceeds of any of the Warrants or <br />any investment earnings thereon which would result in constituting any of the Warrants as <br />"arbitrage bonds" under the Code and any and all final or proposed regulations or rulings <br />applicable thereto, or which would otherwise cause the interest on any of the Warrants to <br />cease to be excludable from gross income for purposes of federal income taxation; and the <br />City Controller and all other appropriate officers are hereby authorized and directed to take <br />any and all actions and to make and deliver any and all reports, filings, and certifications as <br />may be necessary or appropriate to evidence, establish, or ensure such continuing exclusion <br />of the interest on the Warrants. <br />Section XII. All resolutions and ordinances in conflict herewith are, to extent of <br />such conflict, hereby repealed. <br />Section XIII. This Ordinance shall be in full force and effect from and after the time it <br />has been adopted by the Common Council, approved by the Mayor, and otherwise executed and <br />delivered in accordance with any and all laws pertaining thereto. <br />*~~** <br />BDDBOI 5475853v1 " 6 <br />