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to applicable requirements of federal law to insure that any such investment is acquired <br />for fair market value) to the extent necessary or advisable to preserve the exclusion from <br />gross income of interest on the Bonds, or the tax exempt status of interest on the Bonds, <br />under federal law. <br />(b) The Controller shall keep full and accurate records of investment <br />earnings and income from moneys held in the funds and accounts created or referenced <br />herein. In order to comply with the provisions of this Ordinance, the Controller is hereby <br />authorized and directed to employ consultants or attorneys from time to time to advise the <br />City as to requirements of federal law to preserve the tax exclusion or exemption. <br />Section XXI. Tax Covenants. In order to preserve the exclusion of interest on the <br />Bonds and the BANS from gross income for federal income tax purposes and as an inducement <br />to purchasers of the Bonds and BANS, the City represents, covenants and agrees that: <br />(a) No person or entity, other than the City or another state or local <br />governmental unit, will use proceeds of the Bonds or BANS or property financed by the <br />Bond or BAN proceeds other than as a member of the general public. No person or entity <br />other than the City or another state or local governmental unit will own property financed <br />by the Bond or BAN. proceeds or will have actual or beneficial use of such property <br />pursuant to a lease, a management or incentive payment contract, an arrangement such as <br />take-or-pay or output contract or any other type of arrangement that differentiates that <br />person's or entity's use of such property from the use by the public at large. <br />(b) No Bond or BAN proceeds will be loaned to any entity or person. <br />No Bond or BAN proceeds will be transferred, directly or indirectly, or deemed <br />-45- <br />BDDBOI 5738468v1 <br />