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permit to be taken by it or by any party under its control, any action that would result in the loss <br />of the exclusion from gross income for federal income tax purposes of interest on the Bonds <br />pursuant to Section 103 of the Code. The Participant further covenants that it will not do any act <br />or thing that would cause the Bonds to be "private activity bonds" within the meaning of Section <br />141 of the Code or "arbitrage bonds" within the meaning of Section 148 of the Code. In <br />furtherance and not in limitation of the foregoing, the Participant shall take all action necessary <br />and appropriate to comply with the arbitrage rebate requirements under Section 148 of the Code <br />to the extent applicable to the Participant or the Bonds, including accounting for and making <br />provision for the payment of any and all amounts that may be required to be paid to the United <br />States of America from time to time pursuant to Section 148 of the Code. <br />Section 3.07. Non-Discrimination Covenant. Pursuant to and with the force and effect <br />set forth in I.C. 22-9-1-10, the Participant hereby covenants that the Participant, and its <br />contractor and subcontractor for the Project, shall not discriminate against any employee or <br />applicant for employment, to be employed in the performance of this Agreement, with respect to <br />the hire, tenure, terms, conditions or privileges of employment, or any matter directly or <br />indirectly related to employment, because of race, color, religion, sex, disability, national origin <br />or ancestry. <br />(End of Article III) <br />B-21 <br />BDDBOI 5738468v1 <br />