Common use of Disbursements from the Project Fund Clause in Contracts

Disbursements from the Project Fund. The Issuer will in the Indenture authorize and direct the Trustee to use the moneys in the Project Fund for the following purposes but, subject to the provisions of Section 4.8, for no other purposes: (a) payment of interest prior to the Completion Date, payment to the Company and to the Issuer, as the case may be, of such amounts, if any, as shall be necessary to reimburse either of them in full for all advances and payments made by either of them prior to or after the delivery of the Bonds for expenditures in connection with clearing the Leased Land, site improvement, the preparation of the Plans and Specifications (including any preliminary study or planning of the Project or any aspect thereof), the construction of the Project, the acquisition and installation of the Leased Equipment and the acquisition, construction and installation necessary to provide utility services or other facilities including trackage to connect the Project with public transportation facilities, and all real or personal properties deemed necessary in connection with the Project, or any one or more of said expenditures (including architectural, engineering and supervisory services) with respect to any of the foregoing; provided, however, that in no event shall moneys be disbursed from the Project Fund to reimburse the City for any advances or payments made by the City in connection with site preparation on the Leased Land undertaken pursuant to any obligation of the City to make said site improvements. (b) payment of, or reimbursement of the Company and the Issuer for, Issuance Costs, but in any event not more than two percent (2.0%) of the face amount of the Bonds shall be used for such purposes as provided by the Code; (c) payment of, or reimbursement of the Company for, labor, services, material, supplies and/or equipment used or furnished in site improvement and in the construction of the Project, all as provided in the Plans and Specifications, payment for the cost of the acquisition and installation of the Leased Equipment, payment for the cost of acquisition, construction and installation of utility services or other facilities including trackage to connect the Project with public transportation facilities, and all real and personal properties deemed necessary in connection with the Project and payment for the miscellaneous expenses incidental to any of the foregoing; (d) payment of, or reimbursement of the Company for, the fees, if any, for architectural, engineering and supervisory services with respect to the Project; (e) payment of, or reimbursement of the Company, subject to the limitation on the use of the proceeds of the Bonds for the payment of, Issuance Costs; (f) payment of, or reimbursement of the Company and the Issuer for, any other legal and valid costs and expenses relating to the Project, subject to the limitation on the use of the proceeds of the Bonds for the payment of Issuance Costs; and (g) all moneys remaining in the Project Fund (including moneys earned on investments made pursuant to the provisions of Section 4.8) after the Completion Date and payment in full of the cost of the acquisition, construction and installation of the Project, and after payment of all other items provided for in the preceding subsections of this Section then due and payable, shall be used to reimburse the City for any payments it may have made pursuant to the Contract, and thereafter, at the direction of the Company shall be (i) used to acquire, construct and install additions, extensions and improvements to the Project in accordance with amended Plans and Specifications therefor duly filed with the Issuer subject to Section 8.10(c), (ii) deposited into the Bond Fund and used by the Trustee to the maximum extent practicable consistent with making partial redemptions in amounts of not less than $5,000 or integral multiples thereof, for the redemption of Bonds at the earliest date permitted by the indenture or the purchase of Bonds for the purpose of cancellation at any time prior to the earliest date permitted by the Indenture for the redemption of Bonds, or (iii) deposited into the Bond Fund and used by the Trustee to pay interest on the Bonds, or (iv) a combination of (i), (ii) and/or (iii) as is provided in such direction, provided that amounts approved by the Authorized Company Representative shall be retained by the Trustee in the Project Fund for payment of costs not then due and payable. Any balance remaining of such retained moneys after full payment of all such Project costs shall be used by the Trustee as directed by the Company in the manner specified in clauses (i), (ii), (iii) or (iv) of this subsection. Amounts directed by the Company to be used by the Trustee to redeem Bonds or to purchase Bonds for the purpose of cancellation shall not, pending such use, be invested at a yield which exceeds the yield on the Bonds, unless the Trustee shall receive an opinion of nationally recognized bond counsel acceptable to the Trustee stating that such use would not affect the exclusion of the interest on the Bonds from gross income for federal income tax purposes. Amounts in excess of the aggregate of 3% of the net proceeds of the sale of the Bonds shall not be directed by the Company to be used for the purposes described in clauses (i), (ii), (iii) or (iv) without providing the Trustee with an opinion of a firm of nationally recognized bond counsel acceptable to the Trustee stating that such use will not impair the exclusion of the interest on the Bonds from gross income for federal income tax purposes. In the event the yield must be so restricted, the Trustee shall be entitled to rely upon advice from such legal and accounting experts as may be reasonably required, and the costs of such advice shall be borne by the Company. The payments specified in subsections (a) through (g) of this Section (other than payment of interest on the Bonds accruing prior to the Completion Date) shall be made by the Trustee only upon receipt of the following; (1) a written requisition for such payment signed by the Authorized Company Representative and, subject to the indemnification provisions of Section 8.3 hereof, the Authorized Issuer Representative; (2) a certificate by the person signing such requisition certifying; (i) that an obligation in the stated amount has been incurred in connection with the issuance of the Bonds or the acquisition, construction and installation of the Project; (ii) that such obligation is a proper charge against the Project Fund and has not been the basis of any previous withdrawal from the Project Fund, and specifying the purpose and circumstances of such obligation in reasonable detail and the name and address of the person to whom such obligation is owed, accompanied by a bill xx statement of account for such obligation; (iii) that (A) he has no notice of any vendors', materialmen's, mechanics', suppliers', or other similar liens or right to liens, chattel mortgages or conditional sales contracts, or other contracts or obligations which should be satisfied or discharged before payment of such obligation is made, or (B) such requisition is for the purpose of obtaining funds to be used to satisfy or discharge a lien or contract of the type described in (A) above; (iv) that such requisition contains no request for payment on account of any portion of such obligation which the Company is, as of the date of such requisition, entitled to retain under any retained percentage agreements; (v) that such requisition contains no request for payment on account of any obligation paid or incurred prior to November 3, 1992; and (3) with respect to any such requisition for payment for labor, services, material, supplies and/or equipment, an additional certificate, signed by the Authorized Company Representative and Authorized Issuer Representative, certifying that insofar as such obligation was incurred for labor, services, material, supplies and/or equipment in connection with the acquisition, construction and installation of the Project, such labor and/or services were actually performed in a satisfactory manner and such material, supplies and/or equipment were actually used in or about the construction or delivered at the site of the Project for that purpose and that the item of equipment with respect to which any payment is requested constitutes Leased Equipment. Such requisition and certification shall be in substantially the form attached hereto as Exhibit "C" and by this reference thereto made a part hereof. The Trustee may require additional certifications as in its reasonable judgment may be necessary. The Authorized Issuer Representative may rely conclusively on any certification furnished it by Dennxx & Xennxx, Xxc. with respect to any of the foregoing. In making any such payment from the Project Fund the Trustee may rely on any such requisitions and any such certificates delivered to it pursuant to this Section and the Trustee shall be relieved of all liability with respect to making such payments in accordance with any such requisitions and such supporting certificate or certificates without inspection of the Project or any other investigation. Disbursements from the Project Fund for deposit in the Bond Fund to pay interest on the Bonds accruing during the Construction Period may be made by the Trustee at the proper times without the necessity of receiving any such written requisition or supporting certificate pertaining thereto. The Issuer and the Company agree for the benefit of each other and for the benefit of the Trustee and the holders of the Bonds that the proceeds of the Bonds will not be used in any manner which would result in the loss of the exemption from federal income taxation of the interest on the Bonds.

Disbursements from the Project Fund. The Issuer will Authority has, in the Indenture authorize Indenture, authorized and direct directed the Trustee to use the moneys in make payments from the Project Fund to pay (or to reimburse the Company for the following purposes but, subject to payment of) the provisions of Section 4.8, for no other purposes: (a) payment of interest prior to the Completion Date, payment to the Company and to the Issuer, as the case may be, of such amounts, if any, as shall be necessary to reimburse either of them in full for all advances and payments made by either of them prior to or after the delivery of the Bonds for expenditures in connection with clearing the Leased Land, site improvement, the preparation of the Plans and Specifications (including any preliminary study or planning of the Project or any aspect thereof), the construction Cost of the Project, including costs related to the acquisition design, planning, acquisition, construction, improvement, equipment and installation operation of the Leased Equipment and Facilities. Each such payment of the acquisition, construction and installation necessary to provide utility services or other facilities including trackage to connect Cost of the Project related thereto shall be made only upon receipt by the Trustee of a requisition signed by the Company Representative showing the payment to be necessary and reasonable and stating (a) the requisition number; (b) the name and address of the person, firm or corporation to whom payment is due or was made; (c) the amount to be paid or for which reimbursement is sought; (d) that none of the items for which the payment or reimbursement is proposed to be made has been the subject of any payment or reimbursement theretofore made from the Project Fund; (e) the nature of each item for which the payment or reimbursement is proposed to be made and in connection with public transportation facilitiesthe Facilities described in Exhibit A, if applicable, that such item is or was reasonable and all real or personal properties deemed necessary in connection with the Projectdesign, or any one or more of said expenditures (including architecturalplanning, engineering acquisition, construction, improvement and supervisory services) with respect to any equipping of the foregoing; providedFacilities described in Exhibit A, however, that and in no event shall moneys be disbursed from all cases is a proper Cost of the Project Fund to reimburse and a proper charge against the City for any advances or payments made by the City in connection with site preparation on the Leased Land undertaken pursuant to any obligation of the City to make said site improvements. Project Fund; and (bf) that upon payment of, or reimbursement of the Company and the Issuer for, Issuance Costs, but amount requested in any event not more than two percent (2.0%) of the face amount of the Bonds shall be used for such purposes as provided by the Code; (c) payment of, or reimbursement of the Company for, labor, services, material, supplies and/or equipment used or furnished in site improvement and in the construction of the Project, all as provided in the Plans and Specifications, payment for the cost of the acquisition and installation of the Leased Equipment, payment for the cost of acquisition, construction and installation of utility services or other facilities including trackage to connect the Project with public transportation facilities, and all real and personal properties deemed necessary in connection with the Project and payment for the miscellaneous expenses incidental to any of the foregoing; (d) payment of, or reimbursement of the Company forrequisition, the fees, if any, for architectural, engineering and supervisory services with respect to the Project; (e) payment of, or reimbursement of the Company, subject to the limitation on the use of the proceeds of the Bonds for the payment of, Issuance Costs; (f) payment of, or reimbursement of the Company and the Issuer for, any other legal and valid costs and expenses relating to the Project, subject to the limitation on the use of the proceeds of the Bonds for the payment of Issuance Costs; and (g) all moneys amount remaining in the Project Fund (including Fund, together with other legally available moneys earned on investments made pursuant to the provisions of Section 4.8) after the Completion Date and payment in full of the cost of the acquisition, construction and installation of the Project, and after payment of all other items provided for in the preceding subsections of this Section then due and payable, shall be used to reimburse the City for any payments it may have made pursuant to the Contract, and thereafter, at the direction of the Company shall will be (i) used sufficient to acquire, construct and install additions, extensions and improvements pay the portion of the Cost of the Project relating to the Project in accordance with amended Plans design, planning, acquisition, construction, improving and Specifications therefor duly filed with the Issuer subject to Section 8.10(c), (ii) deposited into the Bond Fund and used by the Trustee to the maximum extent practicable consistent with making partial redemptions in amounts of not less than $5,000 or integral multiples thereof, for the redemption of Bonds at the earliest date permitted by the indenture or the purchase of Bonds for the purpose of cancellation at any time prior to the earliest date permitted by the Indenture for the redemption of Bonds, or (iii) deposited into the Bond Fund and used by the Trustee to pay interest on the Bonds, or (iv) a combination of (i), (ii) and/or (iii) as is provided in such direction, provided that amounts approved by the Authorized Company Representative shall be retained by the Trustee in the Project Fund for payment of costs not then due and payable. Any balance remaining of such retained moneys after full payment of all such Project costs shall be used by the Trustee as directed by the Company in the manner specified in clauses (i), (ii), (iii) or (iv) of this subsection. Amounts directed by the Company to be used by the Trustee to redeem Bonds or to purchase Bonds for the purpose of cancellation shall not, pending such use, be invested at a yield which exceeds the yield on the Bonds, unless the Trustee shall receive an opinion of nationally recognized bond counsel acceptable to the Trustee stating that such use would not affect the exclusion equipping of the interest on the Bonds from gross income for federal income tax purposesFacilities then unpaid. Amounts No disbursement requested in excess of the aggregate of 3% of the net proceeds of the sale of the Bonds shall not be directed by the Company to be used for the purposes described in clauses (i), (ii), (iii) or (iv) without providing the Trustee with an opinion of a firm of nationally recognized bond counsel acceptable to the Trustee stating that such use will not impair the exclusion of the interest on the Bonds from gross income for federal income tax purposes. In the event the yield must be so restricted, the Trustee shall be entitled to rely upon advice from such legal and accounting experts as may be reasonably required, and the costs of such advice shall be borne by the Company. The payments specified in subsections (a) through (g) of this Section any requisition (other than payment of interest on the Bonds accruing prior with respect to the Completion Dateequipment or working capital) shall be made by the Trustee only upon receipt of the following; (1) a written requisition for such payment signed by the Authorized Company Representative and, subject unless there is attached to the indemnification provisions of Section 8.3 hereof, the Authorized Issuer Representative; (2) a certificate by the person signing such requisition certifying; (i) that an obligation in the stated amount has been incurred lien waivers covering all work done and/or materials furnished in connection with the issuance of the Bonds or the acquisition, construction and installation of the Project; (ii) that such obligation is a proper charge against the Project Fund and has not been the basis of any previous withdrawal from the Project Fund, and specifying the purpose and circumstances of such obligation in reasonable detail and the name and address of the person to whom such obligation is owed, accompanied by a bill xx statement of account for such obligation; (iii) that (A) he has no notice of any vendors', materialmen's, mechanics', suppliers', or other similar liens or right to liens, chattel mortgages or conditional sales contracts, or other contracts or obligations which should be satisfied or discharged before payment of such obligation is made, or (B) such requisition is for the purpose of obtaining funds to be used to satisfy or discharge a lien or contract of the type described in (A) above; (iv) that such requisition contains no request for payment on account of any portion of such obligation which the Company is, as of the date of such requisition, entitled to retain under any retained percentage agreements; (v) that such requisition contains no request for payment on account of any obligation paid or incurred prior to November 3, 1992; and (3) with respect Improvements relating to any such requisition for payment for labor, services, material, supplies and/or equipment, an additional certificate, signed by the Authorized Company Representative and Authorized Issuer Representative, certifying that insofar as such obligation was incurred for labor, services, material, supplies and/or equipment in connection with the acquisition, construction and installation of the Project, such labor and/or services were actually performed in a satisfactory manner and such material, supplies and/or equipment were actually used in or about the construction or delivered at the site of the Project for that purpose and that the item of equipment with respect to which any payment is requested constitutes Leased Equipment. Such requisition and certification shall be in substantially the form attached hereto as Exhibit "C" and by this reference thereto made a part hereof. The Trustee may require additional certifications as in its reasonable judgment may be necessary. The Authorized Issuer Representative may rely conclusively on any certification furnished it by Dennxx & Xennxx, Xxc. with respect to any of the foregoing. In making any such payment from the Project Fund the Trustee may rely on any such requisitions and any such certificates delivered to it pursuant to this Section and the Trustee shall be relieved of all liability with respect to making such payments in accordance with any such requisitions and such supporting certificate or certificates without inspection of the Project or any other investigation. Disbursements prior disbursement from the Project Fund for deposit in the Bond Fund payment to pay interest on the Bonds accruing during the Construction Period may be made by the Trustee at the proper times without the necessity of receiving contractors or materialmen; and (ii) endorsements reflecting any such written requisition or supporting certificate pertaining theretotitle insurance increases. The Issuer and the Company agree for the benefit of each other and for the benefit of the Trustee and the holders of the Bonds that the proceeds of the Bonds will not may, but shall be used in any manner which would result in the loss of the exemption from federal income taxation of the interest on the Bondsunder no obligation, to review such lien waivers.

Disbursements from the Project Fund. The Issuer will will, in the Indenture Indenture, authorize and direct the Trustee to use the moneys in the Project Fund for the following purposes but, subject to the provisions of Section 4.8, for no other purposes: (a) payment Payment of interest prior the initial or acceptance fee of the Trustee and customary and reasonable fees, costs and expenses of the Trustee and its counsel; the fees and expenses for recording or filing the Limited Warranty Deed whereby fee simple title in and to the Completion Date, payment Land and the Improvements has been or is to be conveyed to the Company Issuer; the fees and expenses for recording or filing this Lease or an amendment to the existing Short Form Lease and any other documents by which this Lease is assigned as security for the Bonds; the fees and expenses for recording or filing any documents that the Lessee may deem desirable to file for record in order to protect the title of the Issuer to the Project, or any part thereof; and the fees and expenses in connection with any actions or proceedings that the Lessee may deem desirable to bring in order to perfect or protect the title of the Issuer to the Project; (b) Payment to the Lessee and the Issuer, as the case may be, of such amounts, if any, as shall be necessary to reimburse either of them the Lessee and the Issuer in full for all advances and payments made by them or either of them prior to or after the delivery of the Bonds for expenditures in connection with clearing the acquisition by the Issuer or the Lessee of title to the Land (including the cost of the Leased Land and of any options to purchase the Land and rights-of-way for the purpose of providing access to and from the Land, site improvement, the preparation of the Plans and Specifications (including any preliminary study or planning of the Project or any aspect thereof), the construction acquisition of the Project, the acquisition and installation of the Leased Equipment and the acquisition, construction and installation necessary to provide utility services or other facilities including trackage to connect the Project with public transportation facilities, and the acquisition, construction and installation of all real or personal properties deemed necessary in connection with the Project, or and any one or more of said expenditures (including architectural, engineering and supervisory services) services with respect to any of the foregoing; provided, however, that in no event shall moneys be disbursed from the Project Fund to reimburse the City for any advances or payments made by the City in connection with site preparation on the Leased Land undertaken pursuant to any obligation of the City to make said site improvements. (b) payment of, or reimbursement of the Company and the Issuer for, Issuance Costs, but in any event not more than two percent (2.0%) of the face amount of the Bonds shall be used for such purposes as provided by the Code; (c) payment of, or reimbursement of the Company for, labor, services, material, supplies and/or equipment used or furnished in site improvement and in the construction of the Project, all as provided in the Plans and Specifications, payment for the cost of the acquisition and installation of the Leased Equipment, payment for the cost of acquisition, construction and installation of utility services or other facilities including trackage to connect the Project with public transportation facilities, and all real and personal properties deemed necessary in connection with the Project and payment for the miscellaneous expenses incidental to any of the foregoing; (dc) payment Payment of, or reimbursement of the Company forIssuer or the Lessee for the fee of the Issuer, the customary and reasonable legal and accounting fees and expenses, financial consultants’ fees, rating agencies’ fees, financing charges (including underwriting or placement fees) and printing and engraving costs incurred in connection with the authorization, sale and issuance of the Bonds, the preparation of this Lease or any amendment hereto, the Indenture, the Financing Statements and all other documents in connection therewith and in connection with the acquisition of title to the Project and any financing obtained from the Lessee’s lenders; (d) Payment of the fees, if any, for architectural, engineering and supervisory services with respect to the Project; (e) payment of, or reimbursement of the Company, subject to the limitation on the use of the proceeds of the Bonds for the payment of, Issuance Costs; (f) payment of, or reimbursement of the Company and the Issuer for, any other legal and valid costs and expenses relating to the Project, subject to the limitation on the use of the proceeds of the Bonds for the payment of Issuance Costs; and (g) all All moneys remaining in the Project Fund (including moneys earned on investments made pursuant to the provisions of Section 4.84.6 hereof) after the Completion Date and payment in full of the cost costs of the acquisition, construction and installation acquisition of the Project, and after payment of all other items provided for in the preceding subsections of this Section then due and payable, shall be used to reimburse the City for any payments it may have made pursuant to the Contract, and thereafterpayable shall, at the written direction of the Company shall Authorized Lessee Representative, be (i) used to acquire, construct and install additions, extensions and improvements to the Project in accordance with amended Plans and Specifications therefor duly filed with the Issuer subject to Section 8.10(c), (ii) deposited into the Bond Fund and used by the Trustee to the maximum extent practicable consistent with making partial redemptions in amounts of not less than $5,000 or integral multiples thereof, for the redemption of Bonds at the earliest date permitted by the indenture or the purchase of Bonds for the purpose of cancellation at any time prior to cancellation, or (ii) paid into the earliest date permitted by the Indenture for the redemption of BondsBond Fund, or (iii) deposited into the Bond Fund and used by the Trustee to pay interest on the Bonds, or (iv) a combination of (i), ) and (ii) and/or (iii) as is provided in such direction, provided that amounts approved by the Lessee and the Authorized Company Issuer Representative shall be retained by the Trustee in the Project Fund for payment of Project costs not then due and payable. Any balance remaining of such retained moneys funds after full payment of all such Project costs shall be used by the Trustee as directed by the Company Lessee in the manner specified in clauses (i), (ii), ) and (iii) or (iv) of this subsection. Amounts directed ; and Anything contained in this Section 4.3 to the contrary notwithstanding, if the Bond Purchaser is also the Lessee, in lieu of making a deposit into the Project Fund, the Bond Purchaser may make an internal book entry notation to denote that funds have been advanced by the Company to be used by Bond Purchaser on behalf of the Trustee to redeem Bonds or to purchase Bonds for the purpose of cancellation shall not, pending such use, be invested at a yield which exceeds the yield on the Bonds, unless the Trustee shall receive an opinion of nationally recognized bond counsel acceptable Issuer to the Trustee stating that such use would not affect the exclusion Lessee as payment or reimbursement of the interest on the Bonds from gross income for federal income tax purposes. Amounts in excess of the aggregate of 3% of the net proceeds of the sale of the Bonds shall not be directed by the Company to be used for the purposes described in clauses (i), (ii), (iii) or (iv) without providing the Trustee with an opinion of a firm of nationally recognized bond counsel acceptable to the Trustee stating that such use will not impair the exclusion of the interest on the Bonds from gross income for federal income tax purposes. In the event the yield must be so restricted, the Trustee shall be entitled to rely upon advice from such legal and accounting experts as may be reasonably required, and the costs of such advice shall be borne by the CompanyProject costs. The payments specified in subsections (a) through (ge) of this Section (other than payment of interest on the Bonds accruing prior to the Completion Date) shall be made by the Trustee only upon receipt of the following; (1) a written requisition or facsimile thereof for such payment signed by the Lessee by an Authorized Company Lessee Representative and, subject to the indemnification provisions of Section 8.3 hereof, the Authorized Issuer Representative; (2) a certificate by the person signing such requisition certifying; (i) that an obligation in the stated amount has been incurred in connection with the issuance of the Bonds or the acquisition, construction and installation of the Project; (ii) that such obligation is a proper charge against the Project Fund and has not been the basis of any previous withdrawal from the Project Fund, and specifying the purpose and circumstances of such obligation in reasonable detail and the name and address of the person to whom such obligation is owed, accompanied by a bill xx statement of account for such obligation; (iii) that (A) he has no notice of any vendors', materialmen's, mechanics', suppliers', or other similar liens or right to liens, chattel mortgages or conditional sales contracts, or other contracts or obligations which should be satisfied or discharged before payment of such obligation is made, or (B) such requisition is for the purpose of obtaining funds to be used to satisfy or discharge a lien or contract of the type described in (A) above; (iv) that such requisition contains no request for payment on account of any portion of such obligation which the Company is, as of the date of such requisition, entitled to retain under any retained percentage agreements; (v) that such requisition contains no request for payment on account of any obligation paid or incurred prior to November 3, 1992; and (3) with respect to any such requisition for payment for labor, services, material, supplies and/or equipment, an additional certificate, signed by the Authorized Company Representative and Authorized Issuer Representative, certifying that insofar as such obligation was incurred for labor, services, material, supplies and/or equipment in connection with the acquisition, construction and installation of the Project, such labor and/or services were actually performed in a satisfactory manner and such material, supplies and/or equipment were actually used in or about the construction or delivered at the site of the Project for that purpose and that the item of equipment with respect to which any payment is requested constitutes Leased Equipment. Such requisition and certification shall be in substantially the form attached hereto contained as Exhibit "C" and by this reference thereto made a part hereof. The Trustee may require additional certifications as in its reasonable judgment may be necessary. The Authorized Issuer Representative may rely conclusively on any certification furnished it by Dennxx & Xennxx, Xxc. with respect to any of the foregoing“F” hereto. In making any such payment from the Project Fund the Trustee may conclusively rely on any such requisitions and any such certificates delivered to it pursuant to this Section and the Trustee shall be relieved of all liability with respect to making such payments in accordance with any such requisitions and such supporting certificate or certificates without inspection of the Project or any other investigation. Disbursements from the Project Fund for deposit in the Bond Fund to pay interest on the Bonds accruing during the Construction Period may be made by the Trustee at the proper times without the necessity of receiving any such written requisition or supporting certificate pertaining thereto. The Issuer and the Company agree for the benefit of each other and for the benefit of the Trustee and the holders of the Bonds that the proceeds of the Bonds will not be used in any manner which would result in the loss of the exemption from federal income taxation of the interest on the Bonds.

Disbursements from the Project Fund. The Issuer will in authorizes and directs the Indenture authorize and direct Trustee, upon compliance with the Trustee Indenture, to use disburse the moneys in the Project Fund to or on behalf of the Borrower for the following purposes butall advances and payments made with respect to any preliminary expenditures, subject to the provisions of Section 4.83.4 hereof, for the purposes set forth below, and for no other purposes: (a) payment of interest prior Payment or reimbursement to the Completion Date, payment to the Company and to the Issuer, as the case may be, Borrower of such amounts, if any, as shall be necessary to reimburse either of them the Borrower in full for all advances and payments made by either of them prior to or after the delivery of the Bonds for expenditures in connection with clearing the Leased Land, site improvement, the preparation of plans and specifications for the Plans and Specifications Project (including any preliminary study or planning of the Project or any aspect thereof), the construction of the Project, the acquisition and installation of the Leased Equipment ) and the acquisition, construction and installation necessary to provide utility services or other facilities including trackage to connect the Project with public transportation facilities, and all real or personal properties deemed necessary in connection with equipping of the Project, or any one or more of said expenditures (including architectural, engineering and supervisory services) with respect to any of the foregoing; provided, however, that in no event shall moneys be disbursed from the Project Fund to reimburse the City for any advances or payments made by the City in connection with site preparation on the Leased Land undertaken pursuant to any obligation of the City to make said site improvements. (b) payment of, Payment or reimbursement of any legal, financial and accounting fees and expenses, the Company established administrative fees and expenses of the Issuer, costs of the execution and filing of any instruments and the Issuer forpreparation of all other documents in connection therewith, Issuance Costsand payment or reimbursement of all fees, but in costs and expenses for the preparation of this Agreement, the Reimbursement Agreement, the Letter of Credit, the Indenture, the Bond Purchase Agreement, the Official Statement and the Bonds, including, without limitation, any event not more than two percent (2.0%) costs of issuing the face amount of the Bonds shall be used for such purposes as provided by the Code;Bonds. (c) payment of, Payment or reimbursement of the Company for, for labor, services, material, materials and supplies and/or equipment used or furnished in site improvement the acquisition, construction and in the construction equipping of the Project, all as provided in the Plans plans, specifications and Specificationswork orders therefor, payment or reimbursement for the cost of the acquisition and installation of the Leased Equipment, payment for the cost of acquisition, construction and installation equipping of utility services or other facilities including trackage to connect and the Project with public transportation facilities, and all real and personal properties deemed necessary in connection with the Project and payment for the miscellaneous expenses incidental to any of the foregoing;acquisition (d) payment of, Payment or reimbursement of the Company for, the fees, if any, for architectural, engineering engineering, legal, investment banking and supervisory services with respect to the Project;. (e) To the extent not paid by a contractor for construction or installation with respect to any part of the Project, payment of, or reimbursement of the Company, subject premiums on all insurance required to be taken out and maintained prior to the limitation on the use of the proceeds of the Bonds for the payment ofCompletion Date, Issuance Costs;if any. (f) payment ofPayment of interest on the Bonds, the taxes, assessments, and other charges, if any, that may become payable prior to the Completion Date with respect to the Project, or reimbursement thereof if paid by the Borrower. (g) Payment or reimbursement of the Company and the Issuer forexpenses incurred in seeking to enforce any remedy against any supplier, conveyor, grantor, contractor or subcontractor in respect of any other legal and valid costs and expenses default under a contract relating to the Project, subject to the limitation on the use of the proceeds of the Bonds for the payment of Issuance Costs; and. (gh) all Payment or reimbursement of any other costs permitted by the Act. All moneys remaining in the Project Fund (including moneys earned on investments made pursuant to the provisions of Section 4.8) after the Completion Date and after payment in full of the cost of the acquisition, construction and installation of the Project, and after or provision for payment of all other items provided for in the preceding subsections (a) to (h), inclusive, of this Section then due and payable3.3, shall be used to reimburse the City for any payments it may have made pursuant to the Contract, and thereafter, at the direction of the Company Borrower be used in accordance with Section 3.4 hereof. Each of the payments referred to in this Section 3.3 shall be made upon receipt by the Trustee of a written requisition (substantially in the form set forth in Exhibit B to the Indenture) signed by the Authorized Borrower Representative stating with respect to each payment to be made: (i) used to acquire, construct and install additions, extensions and improvements to the Project in accordance with amended Plans and Specifications therefor duly filed with the Issuer subject to Section 8.10(c)requisition number, (ii) deposited into the Bond Fund name, address and used by taxpayer identification number of the Trustee person, firm or corporation to the maximum extent practicable consistent with making partial redemptions in amounts of not less than $5,000 or integral multiples thereof, for the redemption of Bonds at the earliest date permitted by the indenture or the purchase of Bonds for the purpose of cancellation at any time prior to the earliest date permitted by the Indenture for the redemption of Bonds, or (iii) deposited into the Bond Fund and used by the Trustee to pay interest on the Bonds, or (iv) a combination of (i), (ii) and/or (iii) as whom payment is provided in such direction, provided that amounts approved by the Authorized Company Representative shall be retained by the Trustee in the Project Fund for payment of costs not then due and payable. Any balance remaining of such retained moneys after full payment of all such Project costs shall be used by the Trustee as directed by the Company in the manner specified in clauses (i), (ii)due, (iii) or the amount to be paid, (iv) of this subsection. Amounts directed by the Company to be used by the Trustee to redeem Bonds or to purchase Bonds for the purpose of cancellation shall not, pending such use, be invested at a yield which exceeds the yield on the Bonds, unless the Trustee shall receive an opinion of nationally recognized bond counsel acceptable to the Trustee stating that such use would not affect the exclusion of the interest on the Bonds from gross income for federal income tax purposes. Amounts in excess of the aggregate of 3% of the net proceeds of the sale of the Bonds shall not be directed by the Company to be used for the purposes described in clauses (i), (ii), (iii) or (iv) without providing the Trustee with an opinion of a firm of nationally recognized bond counsel acceptable to the Trustee stating that such use will not impair the exclusion of the interest on the Bonds from gross income for federal income tax purposes. In the event the yield must be so restricted, the Trustee shall be entitled to rely upon advice from such legal and accounting experts as may be reasonably required, and the costs of such advice shall be borne by the Company. The payments specified in subsections (a) through (g) of this Section (other than payment of interest on the Bonds accruing prior to the Completion Date) shall be made by the Trustee only upon receipt of the following; (1) a written requisition for such payment signed by the Authorized Company Representative and, subject to the indemnification provisions of Section 8.3 hereof, the Authorized Issuer Representative; (2) a certificate by the person signing such requisition certifying; (i) that an each obligation in the stated amount mentioned therein has been incurred in connection with the issuance of the Bonds or the acquisitionproperly incurred, construction and installation of the Project; (ii) that such obligation is a proper charge against the Project Fund and has not been the basis of any previous withdrawal from the Project Fundwithdrawal, and specifying the purpose and circumstances of such obligation in reasonable detail and the name and address of the person to whom such obligation is owed, accompanied by a bill xx statement of account for such obligation; (iii) that (A) he has no notice of any vendors', materialmen's, mechanics', suppliers', or other similar liens or right to liens, chattel mortgages or conditional sales contracts, or other contracts or obligations which should be satisfied or discharged before payment of such obligation is made, or (B) such requisition is for the purpose of obtaining funds to be used to satisfy or discharge a lien or contract of the type described in (A) above; (iv) that such requisition contains no request for payment on account of any portion of such obligation which the Company is, as of the date of such requisition, entitled to retain under any retained percentage agreements; (v) that the amount remaining in the Project Fund after the withdrawal in question is made, the reasonable estimate of investment income thereon, plus funds of the Borrower available for such requisition contains no request for purpose will, after payment on account of any obligation paid or incurred prior the amounts then requested, be sufficient to November 3, 1992; and (3) with respect to any such requisition for payment for labor, services, material, supplies and/or equipment, an additional certificate, signed by pay the Authorized Company Representative and Authorized Issuer Representative, certifying that insofar as such obligation was incurred for labor, services, material, supplies and/or equipment in connection with the acquisition, construction and installation cost of completing the Project, such labor and/or services were actually performed in a satisfactory manner and such material, supplies and/or equipment were actually used in or about the construction or delivered at the site of the Project for that purpose and that the item of equipment with respect to which any payment is requested constitutes Leased Equipment. Such requisition and certification shall be in substantially the form attached hereto as Exhibit "C" and by this reference thereto made a part hereof. The Trustee may require additional certifications as in its reasonable judgment may be necessary. The Authorized Issuer Representative may rely conclusively on any certification furnished it by Dennxx & Xennxx, Xxc. with respect to any of the foregoing. In making any such payment from the Project Fund the Trustee may rely on any such requisitions and any such certificates delivered to it pursuant to this Section and the Trustee shall be relieved of all liability with respect to making such payments in accordance with any such requisitions and such supporting certificate or certificates without inspection of the Project or any other investigation. Disbursements from the Project Fund for deposit (vi) in the Bond Fund case of subsection (h), stating that such costs are costs permitted to pay interest on be paid under the Bonds accruing during the Construction Period may be made by the Trustee at the proper times without the necessity of receiving any such written requisition or supporting certificate pertaining thereto. The Issuer and the Company agree for the benefit of each other and for the benefit of the Trustee and the holders of the Bonds that the proceeds of the Bonds will not be used in any manner which would result in the loss of the exemption from federal income taxation of the interest on the BondsAct.

Disbursements from the Project Fund. The Issuer will in authorizes and directs the Trustee upon compliance with Section 308 of the Indenture authorize and direct the Trustee to use disburse the moneys in the Project Fund to or on behalf of the Borrower, for the following purposes but, subject to the provisions of Section 4.8, for no other purposes: (a) payment of interest prior Payment to the Completion Date, payment to the Company and to the Issuer, as the case may be, Borrower of such amounts, if any, as shall be necessary to reimburse either of them in full the Borrower for all advances and payments made by either of them it prior to or after the delivery of the Bonds for expenditures in connection with clearing the Leased Land, site improvement, the preparation of plans and specifications for the Plans and Specifications Project (including any preliminary study or planning of the Project or any aspect thereof), ) and the construction rehabilitation of the Project, Project or to enable the acquisition and installation of the Leased Equipment and the acquisition, construction and installation necessary Borrower to provide utility services or other facilities including trackage to connect the Project with public transportation facilities, and all real or personal properties deemed necessary pay off certain existing indebtedness incurred in connection with the Project, or any one or more of said expenditures (including architectural, engineering and supervisory services) with respect to any acquisition of the foregoing; provided, however, that in no event shall moneys be disbursed from the Project Fund to reimburse the City for any advances or payments made by the City in connection with site preparation on the Leased Land undertaken pursuant to any obligation of the City to make said site improvementsProject. (b) payment of, or reimbursement Payment of the Company initial or acceptance fee of the Trustee, fees of the Trustee and any paying agent incurred during the Construction Period, fees relating to the underwriting or placement of the Bonds, legal, financial and accounting fees and expenses, printing and engraving costs incurred in connection with the authorization, sale and issuance of the Bonds, the execution and filing of the Indenture and the Issuer forpreparation of all other documents in connection therewith, Issuance Costsand payment of all fees, but in any event not more than two percent (2.0%) costs and expenses for the preparation of this Agreement, the face amount of Indenture, the Bonds shall be used for such purposes as provided by the Code;and all related agreements and instruments. (c) payment of, or reimbursement of the Company for, Payment for labor, services, material, materials and supplies and/or equipment used or furnished in site improvement and in the construction rehabilitation or installing of the Project, all as provided in the Plans plans, specifications and Specificationswork orders therefor, payment for the cost of the acquisition and installation of the Leased Equipment, payment for the cost of acquisition, construction and installation of utility services or other facilities including trackage to connect the Project with public transportation facilities, and acquisition and installation of all real and personal properties property deemed necessary in connection with the Project and payment for the miscellaneous expenses capitalized expenditures incidental to any of the foregoing;foregoing items. (d) payment of, or reimbursement Payment of the Company for, the fees, if any, for architectural, engineering engineering, legal, printing, underwriting and supervisory services with respect to the Project;. (e) To the extent not paid by a contractor for construction with respect to any part of the Project, payment ofof the premiums on all insurance required to be taken out and maintained during the Construction Period. (f) Payment of the taxes, assessments and other charges, if any, that may become payable during the Construction Period with respect to the Project, or reimbursement thereof if paid by the Borrower. (g) Payment of expenses incurred in seeking to enforce any remedy against any contractor or subcontractor in respect of any default under a contract relating to the Project. (h) Interest on the Bonds during the Construction Period (or reimbursement of the Company, subject Credit Provider for draws under the Letter of Credit to pay such interest). (i) Fees of the limitation Credit Provider during the Construction Period for the issuance of the Letter of Credit and any other fees of the Credit Provider under the Reimbursement Agreement. (j) Payment of any other costs permitted by the Act which will not adversely affect the exclusion from Federal income taxation of interest on the use of the proceeds of the Bonds for the payment of, Issuance Costs; (f) payment of, or reimbursement of the Company and the Issuer for, any other legal and valid costs and expenses relating to the Project, subject to the limitation on the use of the proceeds of the Bonds for the payment of Issuance Costs; and (g) all Series 2007A Bonds. All moneys remaining in the Project Fund (including moneys earned on investments made pursuant to the provisions of Section 4.8) after the Completion Date and after payment in full of the cost of the acquisition, construction and installation of the Project, and after or provisions for payment of all other items provided for in the preceding subsections (a) to (c), of this Section then due and payableSection, shall be used to reimburse the City for any payments it may have made pursuant to the Contract, and thereafter, at the direction of the Company shall Borrower Representative with the consent of the Credit Provider be (i) used to acquire, construct and install additions, extensions and improvements to the Project in accordance with amended Plans and Specifications therefor duly filed with Section 4.3 hereof. Each of the Issuer subject payments referred to in this Section 8.10(c), (ii) deposited into the Bond Fund and used shall be made upon receipt by the Trustee to of a written order complying with the maximum extent practicable consistent with making partial redemptions in amounts requirements of not less than $5,000 or integral multiples thereof, for the redemption Section 308 of Bonds at the earliest date permitted by the indenture or the purchase of Bonds for the purpose of cancellation at any time prior to the earliest date permitted by the Indenture for the redemption of Bonds, or (iii) deposited into the Bond Fund and used by the Trustee to pay interest on the Bonds, or (iv) a combination of (i), (ii) and/or (iii) as is provided in such direction, provided that amounts approved by the Authorized Company Representative shall be retained by the Trustee in the Project Fund for payment of costs not then due and payable. Any balance remaining of such retained moneys after full payment of all such Project costs shall be used by the Trustee as directed by the Company in the manner specified in clauses (i), (ii), (iii) or (iv) of this subsection. Amounts directed by the Company to be used by the Trustee to redeem Bonds or to purchase Bonds for the purpose of cancellation shall not, pending such use, be invested at a yield which exceeds the yield on the Bonds, unless the Trustee shall receive an opinion of nationally recognized bond counsel acceptable to the Trustee stating that such use would not affect the exclusion of the interest on the Bonds from gross income for federal income tax purposes. Amounts in excess of the aggregate of 3% of the net proceeds of the sale of the Bonds shall not be directed by the Company to be used for the purposes described in clauses (i), (ii), (iii) or (iv) without providing the Trustee with an opinion of a firm of nationally recognized bond counsel acceptable to the Trustee stating that such use will not impair the exclusion of the interest on the Bonds from gross income for federal income tax purposes. In the event the yield must be so restricted, the Trustee shall be entitled to rely upon advice from such legal and accounting experts as may be reasonably required, and the costs of such advice shall be borne by the Company. The payments specified in subsections (a) through (g) of this Section (other than payment of interest on the Bonds accruing prior to the Completion Date) shall be made by the Trustee only upon receipt of the following; (1) a written requisition for such payment signed by the Authorized Company Borrower Representative and, subject and consented to the indemnification provisions of Section 8.3 hereof, the Authorized Issuer Representative; (2) a certificate by the person signing such requisition certifying; (i) that an obligation in the stated amount has been incurred in connection with the issuance of the Bonds or the acquisition, construction and installation of the Project; (ii) that such obligation is a proper charge against the Project Fund and has not been the basis of any previous withdrawal from the Project Fund, and specifying the purpose and circumstances of such obligation in reasonable detail and the name and address of the person to whom such obligation is owed, accompanied by a bill xx statement of account for such obligation; (iii) that (A) he has no notice of any vendors', materialmen's, mechanics', suppliers', or other similar liens or right to liens, chattel mortgages or conditional sales contracts, or other contracts or obligations which should be satisfied or discharged before payment of such obligation is made, or (B) such requisition is for the purpose of obtaining funds to be used to satisfy or discharge a lien or contract of the type described in (A) above; (iv) that such requisition contains no request for payment on account of any portion of such obligation which the Company is, as of the date of such requisition, entitled to retain under any retained percentage agreements; (v) that such requisition contains no request for payment on account of any obligation paid or incurred prior to November 3, 1992; and (3) with respect to any such requisition for payment for labor, services, material, supplies and/or equipment, an additional certificate, signed by the Authorized Company Representative and Authorized Issuer Representative, certifying that insofar as such obligation was incurred for labor, services, material, supplies and/or equipment in connection with the acquisition, construction and installation of the Project, such labor and/or services were actually performed in a satisfactory manner and such material, supplies and/or equipment were actually used in or about the construction or delivered at the site of the Project for that purpose and that the item of equipment with respect to which any payment is requested constitutes Leased Equipment. Such requisition and certification shall be in substantially the form attached hereto as Exhibit "C" and by this reference thereto made a part hereof. The Trustee may require additional certifications as in its reasonable judgment may be necessary. The Authorized Issuer Representative may rely conclusively on any certification furnished it by Dennxx & Xennxx, Xxc. with respect to any of the foregoing. In making any such payment from the Project Fund the Trustee may rely on any such requisitions and any such certificates delivered to it pursuant to this Section and the Trustee shall be relieved of all liability with respect to making such payments in accordance with any such requisitions and such supporting certificate or certificates without inspection of the Project or any other investigation. Disbursements from the Project Fund for deposit in the Bond Fund to pay interest on the Bonds accruing during the Construction Period may be made by the Trustee at the proper times without the necessity of receiving any such written requisition or supporting certificate pertaining thereto. The Issuer and the Company agree for the benefit of each other and for the benefit of the Trustee and the holders of the Bonds that the proceeds of the Bonds will not be used in any manner which would result in the loss of the exemption from federal income taxation of the interest on the BondsCredit Provider.

Disbursements from the Project Fund. The Issuer will in the Indenture authorize and direct the Trustee to use the moneys in the Project Fund for the following purposes but, subject to the provisions of Section 4.8, for no other purposes: (a) Payment of the fees and expenses for recording or filing the deed whereby fee simple title to the Project Facility Site is to be conveyed to the Issuer; payment of interest prior the fees and expenses for recording or filing this Lease, the Security Deed, the Financing Agreement and any other documents by which this Lease is assigned as security for the Bonds; the fees and expenses for recording or filing any documents that the Lessee may deem desirable to file for record in order to protect the title of the Issuer to the Completion DateProject, payment or any part thereof; and the fees and expenses in connection with any actions or proceedings that the Lessee may deem desirable to bring in order to perfect or protect the title of the Issuer to the Company Project or any part thereof; (b) Payment to the Lessee and to the Issuer, as the case may be, of such amounts, if any, as shall be necessary to reimburse either of them the Lessee and the Issuer in full for all advances and payments made by them or either of them prior to or after the delivery of the Bonds for expenditures in connection with clearing the Leased Landacquisition by the Issuer or the Lessee of title to the Project or any part thereof, site improvement, the preparation of the Plans plans and Specifications specifications for the Project (including any preliminary study or planning of the Project or any aspect thereof), the acquisition, construction and installation of the Project, the acquisition and installation of the Leased Equipment and the acquisition, construction and installation necessary to provide utility services or other facilities including trackage to connect the Project with public transportation facilities, and the acquisition, construction and installation of all real or personal properties properties, including machinery and equipment, deemed necessary in connection with the Project, Project or any one or more of said expenditures (including part thereof, and any architectural, engineering and supervisory services) services with respect to any of the foregoing; provided, however, that in no event shall moneys be disbursed from the Project Fund to reimburse the City for any advances or payments made by the City in connection with site preparation on the Leased Land undertaken pursuant to any obligation of the City to make said site improvements.; (bc) payment Payment of, or reimbursement of the Company and Issuer or the Issuer Lessee for, Issuance Coststhe customary and reasonable legal and accounting fees and expenses, but financial consultants’ fees, rating agencies, fees, financing charges (including underwriting or placement fees) and printing and engraving costs incurred in any event not more than two percent (2.0%) connection with the authorization, sale and issuance of the face amount Bonds, the preparation of this Lease, the Bonds shall be used for such purposes as provided by Financing Agreement, the CodeSecurity Deed, the Financing Statements and all other documents in connection therewith and in connection with the acquisition of title to the Project; (cd) payment of, or reimbursement of the Company for, Payment for labor, services, material, materials and supplies and/or equipment used or furnished in site improvement and in the acquisition, construction and installation of the ProjectProject or any part thereof, all as provided in the Plans plans and Specifications, specifications therefor; payment for the cost of the acquisition and installation of the Leased Equipment, payment for the cost of acquisition, construction and installation of utility services or other facilities including trackage to connect and payment for the Project with public transportation facilities, and cost of all real and personal properties property deemed necessary in connection with the Project or any part thereof; and payment for the miscellaneous expenses incidental to any of the foregoing; (de) payment of, or reimbursement Payment of the Company for, the fees, if any, for architectural, engineering and supervisory services with respect to the Project; (e) payment of, Project or reimbursement of the Company, subject to the limitation on the use of the proceeds of the Bonds for the payment of, Issuance Costsany part thereof; (f) To such extent as they shall not be paid by a contractor for acquisition, construction or installation with respect to any part of the Project, payment ofof the premiums on all insurance required to be taken out and maintained during the Acquisition Period under this Lease, or reimbursement thereof if paid by the Lessee under Section 6.4 hereof; (g) Payment of the Company taxes, assessments and other charges, if any, referred to in Section 6.3 hereof that may become payable during the Issuer for, any other legal and valid costs and expenses relating to the Project, subject to the limitation on the use of the proceeds of the Bonds for the payment of Issuance CostsAcquisition Period; and (gh) all Payment of expenses incurred with approval of the Lessee in seeking to enforce any remedy against any contractor or subcontractor in respect of any default under a contract relating to the Project or any part thereof. All moneys remaining in the Project Fund (including moneys earned on investments made pursuant to the provisions of Section 4.84.8 hereof) after the Completion Date and payment in full of the cost costs of the acquisition, construction and installation of the Project, and after payment of all other items provided for in the preceding subsections of this Section then due and payable, shall be used to reimburse the City for any payments it may have made pursuant to the Contract, and thereafterpayable shall, at the written direction of the Company shall Authorized Lessee Representative, be (i) used to acquire, construct and install additions, extensions and improvements to the Project in accordance with amended Plans and Specifications therefor duly filed with the Issuer subject to Section 8.10(c), (ii) deposited into the Bond Fund and used by the Trustee to the maximum extent practicable consistent with making partial redemptions in amounts of not less than $5,000 or integral multiples thereof, for the redemption of Bonds at the earliest date permitted by the indenture or the purchase of Bonds for the purpose of cancellation at any time prior to the earliest date permitted by the Indenture for the redemption or prepayment of Bonds, or (iii) deposited into the Bond Fund and used by the Trustee to pay interest on the Bonds, or (ivii) paid into the Bond Fund, or (iii) a combination of (i), ) and (ii) and/or (iii) as is provided in such direction, provided that amounts approved by the Authorized Company Representative Lessee shall be retained by the Trustee Issuer in the Project Fund for payment of Project costs not then due and payable. Any balance remaining of such retained moneys funds after full payment of all such Project costs shall be used by the Trustee Issuer as directed by the Company Lessee in the manner specified in clauses (i), (ii), ) and (iii) or (iv) of this subsection. Amounts directed by the Company to be used by the Trustee to redeem Bonds or to purchase Bonds for the purpose of cancellation shall not, pending such use, be invested at a yield which exceeds the yield on the Bonds, unless the Trustee shall receive an opinion of nationally recognized bond counsel acceptable to the Trustee stating that such use would not affect the exclusion of the interest on the Bonds from gross income for federal income tax purposes. Amounts in excess of the aggregate of 3% of the net proceeds of the sale of the Bonds shall not be directed by the Company to be used for the purposes described in clauses (i), (ii), (iii) or (iv) without providing the Trustee with an opinion of a firm of nationally recognized bond counsel acceptable to the Trustee stating that such use will not impair the exclusion of the interest on the Bonds from gross income for federal income tax purposes. In the event the yield must be so restricted, the Trustee shall be entitled to rely upon advice from such legal and accounting experts as may be reasonably required, and the costs of such advice shall be borne by the Company. The payments specified in subsections (a) through (gh) of this Section (other than payment of interest on the Bonds accruing prior to the Completion Date) shall be made by the Trustee Issuer only upon receipt of the following; (1) a written requisition Requisition for such payment signed by the Lessee by an Authorized Company Representative andLessee Representative, subject to the indemnification provisions of Section 8.3 hereof, the Authorized Issuer Representative; (2) a certificate by the person signing such requisition certifying; (i) that an obligation in the stated amount has been incurred in connection with the issuance of the Bonds or the acquisition, construction and installation of the Project; (ii) that such obligation is a proper charge against the Project Fund and has not been the basis of any previous withdrawal from the Project Fund, and specifying the purpose and circumstances of such obligation in reasonable detail and the name and address of the person to whom such obligation is owed, accompanied by a bill xx statement of account for such obligation; (iii) that (A) he has no notice of any vendors', materialmen's, mechanics', suppliers', or other similar liens or right to liens, chattel mortgages or conditional sales contracts, or other contracts or obligations which should be satisfied or discharged before payment of such obligation is made, or (B) such requisition is for the purpose of obtaining funds to be used to satisfy or discharge a lien or contract of the type described in (A) above; (iv) that such requisition contains no request for payment on account of any portion of such obligation which the Company is, as of the date of such requisition, entitled to retain under any retained percentage agreements; (v) that such requisition contains no request for payment on account of any obligation paid or incurred prior to November 3, 1992; and (3) with respect to any such requisition for payment for labor, services, material, supplies and/or equipment, an additional certificate, signed by the Authorized Company Representative and Authorized Issuer Representative, certifying that insofar as such obligation was incurred for labor, services, material, supplies and/or equipment in connection with the acquisition, construction and installation of the Project, such labor and/or services were actually performed in a satisfactory manner and such material, supplies and/or equipment were actually used in or about the construction or delivered at the site of the Project for that purpose and that the item of equipment with respect to which any payment is requested constitutes Leased Equipment. Such requisition and certification shall be in substantially the form attached hereto contained as Exhibit "C" and by this reference thereto made a part hereof. The Trustee may require additional certifications as in its reasonable judgment may be necessary. The Authorized Issuer Representative may rely conclusively on any certification furnished it by Dennxx & Xennxx, Xxc. with respect to any of the foregoing“H” hereto. In making any such payment from the Project Fund the Trustee Issuer may rely on any such requisitions and any such certificates delivered to it pursuant to this Section and the Trustee Issuer shall be relieved of all liability with respect to making such payments in accordance with any such requisitions and such supporting certificate or certificates without inspection of the Project or any other investigation. Disbursements from the Project Fund for deposit in the Bond Fund to pay interest on the Bonds accruing during the Construction Period may be made by the Trustee at the proper times without the necessity of receiving any such written requisition or supporting certificate pertaining thereto. The Issuer acknowledges and the Company agree for the benefit of each other and for the benefit of the Trustee and the holders of the Bonds agrees that the proceeds of the Bonds will it shall not be used in entitled to any manner which would result in reimbursement for moneys advanced or expended by it as an economic incentive to the loss of the exemption from federal income taxation of the interest on the BondsLessee.

Disbursements from the Project Fund. The Issuer will in the Indenture authorize and direct the Trustee to use the moneys in the Project Fund for the following purposes but, subject to the provisions of Section 4.8, for no other purposes: (a) payment Payment of interest prior the initial or acceptance fee of the Trustee and customary and reasonable fees and expenses of the Trustee (including reasonable counsel fees actually incurred and reasonable expenses of counsel); the fees and expenses payable to the Completion Date, payment Issuer (including reasonable counsel fees actually incurred and reasonable expenses of counsel); the fees and expenses for recording or filing the Limited Warranty Deed whereby fee simple title in and to the Company Leased Land has been or is to be conveyed to the Issuer; the fees and expenses for recording or filing this Lease (or a memorandum thereof), the Indenture and any other documents by which this Lease is assigned as security for the Bonds; the fees and expenses for recording or filing any documents that the Lessee may deem desirable to file for record in order to protect the title of the Issuer to the Project, or any part thereof; and the fees and expenses in connection with any actions or proceedings that the Lessee may deem desirable to bring in order to perfect or protect the title of the Issuer to the Project; (b) Payment to the Lessee and the Issuer, as the case may be, of such amounts, if any, as shall be necessary to reimburse either of them the Lessee and the Issuer in full for all advances and payments made by them or either of them prior to or after the delivery of the Bonds for expenditures in connection with the acquisition by the Issuer or the Lessee of fee simple title to the Leased Land (including the cost of the Leased Land and of any options to purchase the Leased Land and rights-of-way for the purpose of providing access to and from the Leased Land), clearing the Leased Land, site improvement, the preparation of the Plans plans and Specifications specifications for the Project (including any preliminary study or planning of the Project or any aspect thereof), the construction acquisition, construction; development, installation and equipping of the Project, the acquisition and installation of the Leased Equipment and the acquisition, construction construction, development, installation and installation equipping necessary to provide utility services or other facilities including trackage to connect the Project with public transportation facilities, and the acquisition, construction, development and installation of all real or personal properties deemed necessary in connection with the Project, or and any one or more of said expenditures (including architectural, engineering and supervisory services) services with respect to any of the foregoing; provided, however, that in no event shall moneys be disbursed from the Project Fund to reimburse the City for any advances or payments made by the City in connection with site preparation on the Leased Land undertaken pursuant to any obligation of the City to make said site improvements.; (bc) payment Payment of, or reimbursement of the Company and Issuer or the Issuer Lessee for, Issuance Coststhe customary and reasonable legal and accounting fees and expenses, but financial consultants’ fees, rating agencies’ fees, financing charges (including underwriting or placement fees) and printing and engraving costs incurred in any event not more than two percent (2.0%) connection with the authorization, sale and issuance of the face amount Bonds, the preparation of this Lease or any amendment hereto, the Bonds shall be used for such purposes as provided by Indenture, the CodeFinancing Statements and all other documents in connection therewith and in connection with the acquisition of title to the Project and any financing obtained from the Lessee’s lenders; (cd) payment of, or reimbursement of the Company for, Payment for labor, services, material, materials and supplies and/or equipment used or furnished in site improvement and in the construction acquisition, construction, development and installation of the Project, all as provided in the Plans plans and Specifications, specifications therefor; payment for the cost of the acquisition and installation of the Leased Equipment, payment for the cost of acquisition, construction construction, development and installation of utility services or other facilities including trackage to connect the Project with public transportation facilities, and payment for the cost of all real and personal properties property deemed necessary in connection with the Project Project; and payment for the miscellaneous expenses incidental to any of the foregoing; (de) payment of, or reimbursement Payment of the Company for, the fees, if any, for architectural, engineering and supervisory services with respect to the Project; (ef) Payment, as such payments become due, of the fees and expenses of the Trustee and the fees and expenses of its counsel properly incurred under the Indenture that may become due during the Construction Period; (g) To such extent as they shall not be paid by a contractor for acquisition, construction, development or installation with respect to any part of the Project, payment ofof the premiums on all insurance required to be taken out and maintained during the Construction Period under this Lease, or reimbursement of thereof if paid by the Company, subject to the limitation on the use of the proceeds of the Bonds for the payment of, Issuance CostsLessee under Section 6.4 hereof; (fh) payment of, or reimbursement Payment of the Company taxes, assessments and other charges, if any, referred to in Section 6.3 hereof that may become payable during the Issuer for, Construction Period; (i) Payment of expenses incurred with approval of the Lessee in seeking to enforce any other legal and valid costs and expenses remedy against any contractor or subcontractor in respect of any default under a contract relating to the Project, subject to the limitation on the use of the proceeds of the Bonds for the payment of Issuance Costs; and; (gj) all All moneys remaining in the Project Fund (including moneys earned on investments made pursuant to the provisions of Section 4.84.8 hereof) after the Completion Date and payment in full of the cost costs of the acquisition, construction construction, development, installation and installation equipping of the Project, and after payment of all other items provided for in the preceding subsections of this Section then due and payable, shall be used to reimburse the City for any payments it may have made pursuant to the Contract, and thereafterpayable shall, at the written direction of the Company shall Authorized Lessee Representative, be (i) used to acquire, construct and install additions, extensions and improvements to the Project in accordance with amended Plans and Specifications therefor duly filed with the Issuer subject to Section 8.10(c), (ii) deposited into the Bond Fund and used by the Trustee to the maximum extent practicable consistent with making partial redemptions in amounts of not less than $5,000 or integral multiples thereof, for the redemption of Bonds at the earliest date permitted by the indenture or the purchase of Bonds for the purpose of cancellation at any time prior to cancellation, or (ii) paid into the earliest date permitted by the Indenture for the redemption of BondsBond Fund, or (iii) deposited into the Bond Fund and used by the Trustee to pay interest on the Bonds, or (iv) a combination of (i), ) and (ii) and/or (iii) as is provided in such direction, provided that amounts approved by the Lessee and the Authorized Company Issuer Representative shall be retained by the Trustee in the Project Fund for payment of Project costs not then due and payable. Any balance remaining of such retained moneys funds after full payment of all such Project costs shall be used by the Trustee as directed by the Company Lessee in the manner specified in clauses (i), (ii), ) and (iii) or (iv) of this subsection; and (k) Any other Costs of the Project. Amounts directed Anything contained in this Section 4.3 to the contrary notwithstanding, if the Bond Purchaser is also the Lessee, in lieu of making a deposit into the Project Fund, the Bond Purchaser may make an internal book entry notation to denote that funds have been advanced by the Company to be used by Bond Purchaser on behalf of the Trustee to redeem Bonds or to purchase Bonds for the purpose of cancellation shall not, pending such use, be invested at a yield which exceeds the yield on the Bonds, unless the Trustee shall receive an opinion of nationally recognized bond counsel acceptable Issuer to the Trustee stating that such use would not affect the exclusion Lessee as payment or reimbursement of the interest on the Bonds from gross income for federal income tax purposes. Amounts in excess of the aggregate of 3% of the net proceeds of the sale of the Bonds shall not be directed by the Company to be used for the purposes described in clauses (i), (ii), (iii) or (iv) without providing the Trustee with an opinion of a firm of nationally recognized bond counsel acceptable to the Trustee stating that such use will not impair the exclusion of the interest on the Bonds from gross income for federal income tax purposes. In the event the yield must be so restricted, the Trustee shall be entitled to rely upon advice from such legal and accounting experts as may be reasonably required, and the costs of such advice shall be borne by the CompanyProject costs. The payments specified in subsections (a) through (gk) of this Section (other than payment of interest on the Bonds accruing prior to the Completion Date) shall be made by the Trustee only upon receipt of the following;: (1a) a A written requisition Requisition for such payment signed by the Lessee by an Authorized Company Lessee Representative and, subject to in the indemnification provisions of Section 8.3 hereof, the Authorized Issuer Representativeform contained as Exhibit “F” hereto; (2b) a certificate A certification by the person signing such requisition Lessee certifying;: (i1) that an obligation in the stated amount has been incurred by or on behalf of the Issuer or the Lessee in connection with the issuance of the Bonds or the acquisition, construction construction, development, installation and installation equipping of the Project; (ii2) that such obligation is a proper charge against the Project Fund and has not been the basis of any previous withdrawal from the Project Fund, and specifying the purpose and circumstances of such obligation in reasonable detail and the name and address of the person to whom such obligation is owed, accompanied by a bill xx statement of account for such obligation; (iii3) that (A) he the Lessee has no notice of any vendors'vendor’s, materialmen's, mechanics', suppliers'mechanic’s, or other similar liens or right to liens, chattel mortgages or conditional sales contracts, or other contracts or obligations (other than Permitted Encumbrances and those being contested in good faith as permitted in Section 6.1(c) hereof) which should be satisfied or discharged before such payment of such obligation is made, or (B) such requisition is for the purpose of obtaining funds to be used to satisfy or discharge a lien or contract of the type described in (A) above;; and (iv4) that such requisition contains no request for item representing payment on account of any portion of such obligation retained percentages which the Company Issuer or the Lessee is, as of the date of such requisition, entitled to retain under any retained percentage agreements;. (v) that such requisition contains no request for payment on account of any obligation paid or incurred prior to November 3, 1992; and (3c) with respect to any such requisition for payment for labor, services, material, supplies and/or or equipment, an additional a certificate, signed on behalf of the Lessee by the an Authorized Company Representative and Authorized Issuer Lessee Representative, certifying that insofar as such obligation was incurred for labor, services, material, supplies and/or or equipment in connection with the acquisition, construction construction, development and installation of the Project, such labor and/or and services were actually to the Lessee’s knowledge performed in a satisfactory manner and such material, supplies and/or or equipment were actually or are to be used in or about connection with the construction acquisition, construction, development and installation of the Project or delivered at the site of the Project for that purpose purpose. If any such requisition for materials, supplies or equipment requires reimbursement for such item to the Lessee where title is not in the Issuer, such requisition shall so state and that shall include any xxxx of sale necessary to convey title in and to such item to the item of equipment with respect to which any payment is requested constitutes Leased EquipmentIssuer. Such requisition and certification certificate shall be in substantially the form attached hereto as Exhibit "C" and by this reference thereto made a part hereof. The Trustee may require additional certifications as in its reasonable judgment may be necessary. The Authorized Issuer Representative may rely conclusively on given without prejudice against any certification furnished it by Dennxx & Xennxx, Xxc. with respect to any rights of the foregoingIssuer or the Lessee against third parties which exist on the date thereof. In making any such payment from the Project Fund the Trustee may rely on any such requisitions and any such certificates delivered to it pursuant to this Section and the Trustee shall be relieved of all liability with respect to making such payments in accordance with any such requisitions and such supporting certificate or certificates without inspection of the Project or any other investigation. Disbursements from the Project Fund for deposit in the Bond Fund to pay interest on the Bonds accruing during the Construction Period may be made by the Trustee at the proper times without the necessity of receiving any such written requisition or supporting certificate pertaining thereto. The Issuer and the Company agree for the benefit of each other and for the benefit of the Trustee and the holders of the Bonds that the proceeds of the Bonds will not be used in any manner which would result in the loss of the exemption from federal income taxation of the interest on the Bonds.

Disbursements from the Project Fund. The Issuer will Company (a) shall acquire, construct, install, equip and improve the Project with all reasonable dispatch, (b) shall pay when due all fees, costs and expenses incurred in connection with that acquisition, construction, installation, equipping and improvement from funds made available therefor in accordance with this Agreement or otherwise, and (c) shall ask, demand, sue xxx, levy, xxcover and receive all those sums of money, debts and other demands whatsoever which may be due, owing and payable under the terms of any contract, order, receipt, writing and instruction in connection with the acquisition, construction, installation, equipping and improvement of the Project, and (d) shall enforce the provisions of any contract, agreement, obligation, bond or other performance security with respect thereto. It is understood that the Project is that of the Company and any contracts made by the Company with respect thereto, whether acquisition contracts, construction contracts or otherwise, or any work to be done by the Company on the Project are made or done by the Company in its own behalf and not as agent or contractor for the Issuer. Subject to the provisions of the Reimbursement Agreement and as set forth below, disbursements from the Project Fund shall be made only to reimburse or pay the Company, or any person designated by the Company, for the following Project Costs: (1) Costs incurred directly or indirectly for or in connection with the acquisition, development, construction, installation, equipping, furnishing or improvement of the Project, including, but not limited to, costs incurred in respect of the Project for preliminary planning and studies; architectural, legal, engineering, surveying, accounting, consulting, supervisory and other services; labor, services and materials; and recording of documents and title work. (2) Premiums attributable to any surety bonds and insurance required to be taken out and maintained during the construction period with respect to the Project. (3) Taxes, assessments and other governmental charges in respect of the Project that may become due and payable during the construction period. (4) Costs incurred directly or indirectly in seeking to enforce any remedy against any contractor or subcontractor in respect of any actual or claimed default under any contract relating to the Project. (5) Financial, legal, accounting, printing and engraving fees, charges and expenses, and all other such fees, charges and expenses incurred in connection with the authorization, sale, issuance and delivery of the Bonds, including, without limitation, the fees and expenses of the Trustee and any paying agent properly incurred under the Indenture authorize that may become due and direct payable during the construction period. (6) Any other costs, expenses, fees and charges properly chargeable to the cost of acquisition, construction, installation, equipment or improvement of the Project. Any disbursements from the Project Fund for the payment of the Project Costs shall be made by the Trustee to use the Company upon receipt of a requisition in the form of Exhibit C hereto signed by a Company Representative and approved by the Bank. No Bond proceeds in the Project Fund shall be disbursed in payment of costs which constitute costs of issuance of the Bonds in excess of the 2% limit set forth in Section 147(g) of the Code. Any moneys in the Project Fund for the following purposes but, subject to the provisions of Section 4.8, for no other purposes: (a) payment of interest prior to the Completion Date, payment to the Company and to the Issuer, as the case may be, of such amounts, if any, as shall be necessary to reimburse either of them in full for all advances and payments made by either of them prior to or after the delivery of the Bonds for expenditures in connection with clearing the Leased Land, site improvement, the preparation of the Plans and Specifications (including any preliminary study or planning of the Project or any aspect thereof), the construction of the Project, the acquisition and installation of the Leased Equipment and the acquisition, construction and installation necessary to provide utility services or other facilities including trackage to connect the Project with public transportation facilities, and all real or personal properties deemed necessary in connection with the Project, or any one or more of said expenditures (including architectural, engineering and supervisory services) with respect to any of the foregoing; provided, however, that in no event shall moneys be disbursed from the Project Fund to reimburse the City for any advances or payments made by the City in connection with site preparation on the Leased Land undertaken pursuant to any obligation of the City to make said site improvements. (b) payment of, or reimbursement of the Company and the Issuer for, Issuance Costs, but in any event not more than two percent (2.0%) of the face amount of the Bonds shall be used for such purposes as provided by the Code; (c) payment of, or reimbursement of the Company for, labor, services, material, supplies and/or equipment used or furnished in site improvement and in the construction of the Project, all as provided in the Plans and Specifications, payment for the cost of the acquisition and installation of the Leased Equipment, payment for the cost of acquisition, construction and installation of utility services or other facilities including trackage to connect the Project with public transportation facilities, and all real and personal properties deemed necessary in connection with the Project and payment for the miscellaneous expenses incidental to any of the foregoing; (d) payment of, or reimbursement of the Company for, the fees, if any, for architectural, engineering and supervisory services with respect to the Project; (e) payment of, or reimbursement of the Company, subject to the limitation on the use of the proceeds of the Bonds for the payment of, Issuance Costs; (f) payment of, or reimbursement of the Company and the Issuer for, any other legal and valid costs and expenses relating to the Project, subject to the limitation on the use of the proceeds of the Bonds for the payment of Issuance Costs; and (g) all moneys remaining in the Project Fund (including moneys earned on investments made pursuant to the provisions of Section 4.8) after the Completion Date and payment payment, or provision for payment, in full of the cost of the acquisition, construction and installation of the Project, and after payment of all other items provided for in the preceding subsections of this Section then due and payable, shall be used to reimburse the City for any payments it may have made pursuant to the Contract, and thereafterProject Costs, at the direction of the Company Representative with consent of the Bank, promptly shall be be: (iA) used to acquire, construct construct, install, equip and install additions, extensions and improvements to improve such additional real or personal property in connection with the Project in accordance with amended Plans as is designated by the Company Representative and Specifications therefor duly filed with the Issuer subject to Section 8.10(c)acquisition, construction, installation, equipment and improvement of which will be permitted under the Act; or (iiB) deposited paid into the Bond Fund and used by the Trustee Fund; or (C) returned to the maximum extent practicable consistent with making partial redemptions in amounts Company (if a minimum of not less than $5,000 or integral multiples thereof, for 98% of the redemption principal amount of the Bonds at the earliest date permitted by the indenture or the purchase of Bonds for the purpose of cancellation at any time prior to the earliest date permitted by the Indenture for the redemption of Bonds, or (iii) deposited into the Bond Fund and used by the Trustee to pay interest on the Bonds, or (iv) a combination of (i), (ii) and/or (iii) as is provided in such direction, provided that amounts approved by the Authorized Company Representative shall be retained by the Trustee in has been previously disbursed from the Project Fund for payment of costs not then due and payableFund). Any balance remaining of such retained moneys after full payment of In all such cases, the remaining Project costs Fund moneys shall be used by or applied only to the Trustee as directed by the Company extent that suchuse or application will not, in the manner specified in clauses (i), (ii), (iii) or (iv) of this subsection. Amounts directed by the Company to be used by the Trustee to redeem Bonds or to purchase Bonds for the purpose of cancellation shall not, pending such use, be invested at a yield which exceeds the yield on the Bonds, unless the Trustee shall receive an opinion of nationally recognized bond counsel acceptable to or under ruling of the Trustee stating that such use would not affect the exclusion of Internal Revenue Service, result in the interest on the Bonds from becoming included in the gross income of the Owners for federal income tax purposes. Amounts in excess For purposes of complying with the aggregate requirements of 3% of the net proceeds of the sale of the Bonds shall not be directed by the Company to be used for the purposes described in clauses (i), (ii), (iii) or (iv) without providing the Trustee with an opinion of a firm of nationally recognized bond counsel acceptable to the Trustee stating that such use will not impair the exclusion of the interest on the Bonds from gross income for federal income tax purposes. In the event the yield must be so restrictedthis Section, the Trustee may conclusively rely and shall be entitled to rely protected in acting or refraining from acting upon advice from such legal and accounting experts as may be reasonably required, and the costs certified requisition of such advice shall be borne by the Company. The payments specified Trustee shall not be bound to make an investigation into the facts or matters stated in subsections (a) through (g) of this Section (other than payment of interest on the Bonds accruing prior to the Completion Date) shall be made by the Trustee only upon receipt any requisition of the following; (1) a written requisition Company. The Trustee shall not be responsible for such payment signed by determining whether the Authorized Company Representative and, subject to the indemnification provisions of Section 8.3 hereof, the Authorized Issuer Representative; (2) a certificate by the person signing such requisition certifying; (i) that an obligation funds on hand in the stated amount has been incurred in connection with the issuance of the Bonds or the acquisition, construction and installation of the Project; (ii) that such obligation is a proper charge against the Project Fund and has not been the basis of any previous withdrawal from the Project Fund, and specifying the purpose and circumstances of such obligation in reasonable detail and the name and address of the person are sufficient to whom such obligation is owed, accompanied by a bill xx statement of account for such obligation; (iii) that (A) he has no notice of any vendors', materialmen's, mechanics', suppliers', or other similar liens or right to liens, chattel mortgages or conditional sales contracts, or other contracts or obligations which should be satisfied or discharged before payment of such obligation is made, or (B) such requisition is for the purpose of obtaining funds to be used to satisfy or discharge a lien or contract of the type described in (A) above; (iv) that such requisition contains no request for payment on account of any portion of such obligation which the Company is, as of the date of such requisition, entitled to retain under any retained percentage agreements; (v) that such requisition contains no request for payment on account of any obligation paid or incurred prior to November 3, 1992; and (3) with respect to any such requisition for payment for labor, services, material, supplies and/or equipment, an additional certificate, signed by the Authorized Company Representative and Authorized Issuer Representative, certifying that insofar as such obligation was incurred for labor, services, material, supplies and/or equipment in connection with the acquisition, construction and installation of complete the Project, such labor and/or services were actually performed in a satisfactory manner and such material, supplies and/or equipment were actually used in or about the construction or delivered at the site of the Project for that purpose and that the item of equipment with respect to which any payment is requested constitutes Leased Equipment. Such requisition and certification shall be in substantially the form attached hereto as Exhibit "C" and by this reference thereto made a part hereof. The Trustee may require additional certifications as in its reasonable judgment may be necessary. The Authorized Issuer Representative may rely conclusively on any certification furnished it by Dennxx & Xennxx, Xxc. with respect to any of the foregoing. In making any such payment from the Project Fund the Trustee may rely on any such requisitions and any such certificates delivered to it pursuant to this Section and the Trustee shall be relieved of all liability with respect to making such payments in accordance with any such requisitions and such supporting certificate or certificates without inspection of the Project or any other investigation. Disbursements from the Project Fund for deposit in the Bond Fund to pay interest on the Bonds accruing during the Construction Period may be made by the Trustee at the proper times without the necessity of receiving any such written requisition or supporting certificate pertaining thereto. The Issuer and the Company agree for the benefit of each other and for the benefit of the Trustee and the holders of the Bonds that the proceeds of the Bonds will not be used in any manner which would result in the loss of the exemption from federal income taxation of the interest on the Bondsresponsible to collect lien waivers.