Payment Sources for Convention Center. In the event Authority fails to pay any Convention Center Contract Sum to Developer pursuant to Section 9.2 of this Agreement or any interest due to Developer pursuant to Sections 9.2.3 and 9.2.4.2(b) of this Agreement (collectively, the “Specified Obligations”), then such Convention Center Contract Sum or interest, as applicable, will be payable (a) from any amounts remaining on deposit in the 2022A Construction Account, including the 2022A Bond Proceeds Subaccount and the Public Entity Contribution Subaccount maintained therein (collectively, the “Indenture Funds”); (b) in the event such failure to pay is a result of the misappropriation of Indenture Funds that are in the possession or control of the City or that have been directed for City purposes by affirmative action of the City Council, then to the extent of such misappropriated Indenture Funds, from any source of funds legally available to the City, including general fund monies, to make such payments; (c) in the event such failure to pay is a result of the misappropriation of Indenture Funds that are in the possession or control of the Port District or that have been directed for Port District purposes by affirmative action of the BPC, then to the extent of such misappropriated Indenture Funds, from any source of funds legally available to the Port District to make such payments; (d) with respect to the Authority, the City or the Port District, respectively from amounts received thereby or otherwise available to the applicable Public Entity, if any, from the proceeds of a fidelity bond or crime insurance policy covering acts by their respective officers or employees that cause a misappropriation from the 2022A Construction Account or subaccounts therein, or amounts recovered from the Person that misappropriated such moneys; and
