Common use of Rents and Other Amounts Payable Clause in Contracts

Rents and Other Amounts Payable. On December 1, 1993, and June 1 and December 1 in each year thereafter until payment in full of the Bonds, the Company shall pay to the Trustee, for the account of the Board, as rent for the Project, a sum of money equal to the amount payable on such date as principal of and interest on the Bonds, as provided in the Indenture. In any event, on each date on which a payment of principal or interest is payable on the Bonds, if at any such date the amount of money available in the Bond Fund is insufficient to make required payments of principal and interest on such date, the Company shall forthwith pay to the Trustee, in immediately available funds, the amount of any such deficiency. Anything herein to the contrary notwithstanding, any amount of money at any time held by the Trustee in the Bond Fund shall be credited against the next succeeding payment of rent and shall reduce the payment to be then made by the Company; and further, if, and for so long as, the amount held by the Trustee in the Bond Fund should be sufficient to pay at the times required the principal of and the interest on all Bonds then remaining unpaid, the Company shall not be obligated to make any further rental payments under the provisions of this Section. The Company agrees to pay to the Trustee until the principal of and the interest on the Bonds shall have been paid in full (i) an amount equal to the annual fee of the Trustee for the Ordinary Services of the Trustee rendered and its Ordinary Expenses incurred under the Indenture, (ii) the reasonable fees and charges of the Trustee and any other paying agent for acting as paying agent and as bond registrar and the reasonable fees of Trustee's counsel as provided in the Indenture, as and when the same become due, and (iii) the reasonable fees and charges of the Trustee for Extraordinary Services rendered by it and Extraordinary Expenses incurred by it, as such terms are defined in the Indenture, as and when the same become due; provided, that the Company may, without precipitating an Event of Default hereunder, withhold such payment to contest in good faith the necessity for any such Extraordinary Services and Extraordinary Expenses and the reasonableness of any such fees, charges or expenses. If the Company should fail to make any of the payments required in this Section, the item or installment which the Company has failed to make shall continue as an obligation of the Company until the same shall have been fully paid, and the Company agrees to pay the same (in the case of interest, to the extent permitted by law) with interest thereon at the rate per annum equal to one percent per annum over the applicable interest rate borne by the Bonds, calculated as described in the Indenture. The provisions of this Section shall be subject to the provisions of Section 9.6.

Rents and Other Amounts Payable. On December 1, 1993, and June 1 and December 1 in each year thereafter until payment in full of the Bonds, the Company (a) The Lessee shall pay make payments to the Trustee, Trustee during the Agreement Term for the account of the Board, Issuer in such amounts and at such times as rent for are sufficient to pay (i) the Project, a sum of money equal to the amount payable on such date as principal of and premium, if any, on the Bonds (whether due and payable at maturity or upon the redemption (in whole or in part) or acceleration of the Bonds) and (ii) accrued interest on the Bonds, as provided in the Indenture. In any eventevent each rental payment under this Section shall be sufficient to pay the total amount of the principal of, on each date on which a payment of principal or premium, if any, and interest is payable on the Bonds, Bonds and if at any such date time the amount of money available balance in the Bond Fund is insufficient to make required payments of the principal of, premium, if any, and interest due on the Bonds on such date, the Company Lessee shall forthwith pay to the Trustee, in immediately available funds, the amount of any such deficiency. Anything herein to the contrary notwithstanding, any amount of money at any time held by the Trustee deposited in the Bond Fund shall be credited against the next succeeding payment of rent and shall reduce the payment to be then made by the CompanyLessee to the extent such amount is in excess of the amount required for payment of the principal of and premium, if any, on Bonds theretofore called for redemption and past due interest in all cases where such Bonds have not been presented for payment; and further, if, and for so long as, if the amount held by the Trustee in the Bond Fund should be sufficient to pay at the times required the principal of of, premium, if any, and the interest on all the Bonds then remaining unpaid, the Company Lessee shall not be obligated to make any further rental payments under the provisions of this Section. The Company payments due and payable during the Extended Lease Term (as defined in Section 5.1 hereof) shall be $1.00 per year. (b) The Lessee agrees to pay to the Trustee (to the extent not paid from the Construction Fund) until the principal of of, premium, if any, and the interest on the Bonds shall have been paid in full fully paid, its reasonable and necessary fees, charges and expenses (i) an amount equal to the annual fee of the Trustee for the Ordinary Services of the Trustee rendered and its Ordinary Expenses incurred under the Indenture, (ii) the including reasonable fees and charges expenses of the Trustee and any other paying agent for acting as paying agent and as bond registrar and the reasonable fees of Trustee's counsel counsel) as provided in the Indenture, as and when the same become due. In addition, and (iii) the Lessee agrees to pay the reasonable fees and necessary fees, charges and expenses of the Trustee for Extraordinary Services rendered by it and Extraordinary Expenses incurred by it, as such terms are defined appointed with the consent of the Lessee in accordance with the Indenture, as and when the same become due; provided, that the Company . The Lessee may, without precipitating an Event of Default creating a default hereunder, withhold such any payment required to be made under this subsection (b) in order to contest in good faith the validity, necessity for any such Extraordinary Services and Extraordinary Expenses and the or reasonableness of any such fees, charges or expenses. If . (c) The Lessee agrees to pay the Company reasonable and necessary expenses (including attorneys' fees and expenses) not otherwise provided for in this Lease, which may be incurred by the Issuer, or for which the Issuer may in any way become liable, as a result of issuing any of the Bonds, the Project Construction and the leasing of the Project to the Lessee, or being a party to this Lease or the Indenture, or issuing the Bonds. (d) In the event the Lessee should fail to make any of the payments required in this Section, the item or installment which the Company has failed to make so in default shall continue as an obligation of the Company Lessee until the same amount in default shall have been fully paid, and the Company Lessee agrees to pay the same (in the case of interest, to the extent permitted by law) with interest thereon at the rate per annum equal to one percent per annum over the applicable of interest rate borne by the Bonds, calculated as described in the IndentureBonds until paid. The provisions of this Section shall be subject to the provisions of Section 9.69.7 hereof.

Rents and Other Amounts Payable. On December March 1, 19931998, and June September 1 and December March 1 in each year thereafter until payment in full of the Bonds, the Company shall pay to the Trustee, for the account of the Board, as rent for the Project, a sum of money equal to the amount payable on such date as principal of and interest on the Bonds, as provided in the Indenture. In any event, on each date on which a payment of principal or interest is payable on the Bonds, if at any such date the amount of money available in the Bond Fund is insufficient to make required payments of principal and interest on such date, the Company shall forthwith pay to the Trustee, in immediately available funds, the amount of any such deficiency. Anything herein to the contrary notwithstanding, any amount of money at any time held by the Trustee in the Bond Fund shall be credited against the next succeeding payment of rent and shall reduce the payment to be then made by the Company; and further, if, and for so long as, the amount held by the Trustee in the Bond Fund should be sufficient to pay at the times required the principal of and the interest on all Bonds then remaining unpaid, the Company shall not be obligated to make any further rental payments under the provisions of this Section. The Company agrees to pay to the Trustee until the principal of and the interest on the Bonds shall have been paid in full (i) an amount equal to the annual fee of the Trustee for the Ordinary Services of the Trustee rendered and its Ordinary Expenses incurred under the Indenture, (ii) the reasonable fees and charges of the Trustee and any other paying agent for acting as paying agent and as bond registrar and the reasonable fees of Trustee's counsel as provided in the Indenture, as and when the same become due, and (iii) the reasonable fees and charges of the Trustee for Extraordinary Services rendered by it and Extraordinary Expenses incurred by it, as such terms are defined in the Indenture, as and when the same become due; provided, that the Company may, without precipitating an Event of Default hereunder, withhold such payment to contest in good faith the necessity for any such Extraordinary Services and Extraordinary Expenses and the reasonableness of any such fees, charges or expenses. If the Company should fail to make any of the payments required in this Section, the item or installment which the Company has failed to make shall continue as an obligation of the Company until the same shall have been fully paid, and the Company agrees to pay the same (in the case of interest, to the extent permitted by law) with interest thereon at the rate per annum equal to one percent per annum over the applicable interest rate borne by the Bonds, calculated as described in the Indenture. The provisions of this Section shall be subject to the provisions of Section 9.6.

Rents and Other Amounts Payable. On December 1(a) The Lessee agrees (i) except as provided in subsection (b) of this Section, 1993, and June 1 and December 1 in each year thereafter until to make prompt payment in full of the Bonds, the Company shall pay to the Trustee, for the account as assignee and pledgee of the BoardIssuer, and as rent for the Project, a sum of money equal for deposit in the Bond Fund, the amounts which are necessary to pay the principal and Purchase Price of, premium, if any, or interest on the Bonds (whether at maturity, upon redemption or acceleration, or otherwise) when and as the same shall be due and payable. All such rental payments shall be made to the amount payable on such date Trustee at its principal office in lawful money of the United States of America, except as may be otherwise agreed to by the Trustee. (b) In order to provide for the rental payments required in subsection (a) of this Section, the Lessee shall cause the Credit Issuer to deliver the Credit Facility to the Trustee simultaneously with the original issue and delivery of the Bonds, and hereby authorizes and directs the Trustee to draw moneys under the Credit Facility in accordance with the provisions of the Indenture to the extent necessary to make the payments of principal of and purchase price of, and interest on the Bonds, as provided in the Indenture. In any event, on each date on which a payment of principal or interest is payable on the Bonds, if at any such date the amount of money available in the Bond Fund is insufficient to make required payments of principal and interest on such date, the Company shall forthwith pay to the Trustee, in immediately available funds, the amount of any such deficiency. Anything herein to the contrary notwithstanding, any amount of money at any time held by the Trustee in the Bond Fund shall be credited against the next succeeding payment of rent and shall reduce the payment to be then made by the Company; and further, if, and for so long as, the amount held by the Trustee in the Bond Fund should be sufficient to pay at the times required the principal of and the interest on all Bonds then remaining unpaid, the Company shall not be obligated to make any further rental payments under the provisions of this Section. The Company agrees to pay to the Trustee until the principal of and the interest on the Bonds shall have been paid in full (i) an amount equal to the annual fee of the Trustee for the Ordinary Services of the Trustee rendered and its Ordinary Expenses incurred under the Indenture, (ii) the reasonable fees and charges of the Trustee and any other paying agent for acting as paying agent and as bond registrar and the reasonable fees of Trustee's counsel as provided in the Indenture, as and when the same become due, . The Lessee shall receive as a credit against its rental obligations described in subsection (a) of this Section all payments made by the Credit Issuer under the Credit Facility and (iiiall other amounts described in Section 3.08(a) the reasonable fees and charges of the Trustee for Extraordinary Services rendered by it and Extraordinary Expenses incurred by it, as such terms are defined in the Indenture, as and when the same become due; provided, that the Company may, without precipitating an Event of Default hereunder, withhold such payment to contest in good faith the necessity for any such Extraordinary Services and Extraordinary Expenses and the reasonableness of any such fees, charges or expenses. . (c) If the Company Lessee should fail to make any of the rental payments required in this Sectionsubsection (a) and (b) above, the item or installment rental payment which the Company Lessee has failed to make shall continue as an obligation of the Company Lessee until the same shall have been fully paid, and the Company Lessee agrees to pay the same (in the case of interest, to the extent permitted by law) with interest thereon at the rate per annum equal to one percent per annum over the applicable interest rate borne by the BondsBonds until paid in full. (d) In addition, calculated as described the Lessee agrees to pay any costs of issuing the Bonds that are not paid with the proceeds of the sale of the Bonds by depositing the same with the Trustee. Said monies shall be disbursed by the Trustee in accordance with written instructions from the Lessee. (e) Anything herein, in the Indenture. The provisions Indenture or in the Bonds to the contrary notwithstanding, the obligations of this Section the Lessee hereunder shall be subject to the limitation that payments constituting interest under this Section shall not be required to the extent that the receipt of such payment by the holder of any Bond would be contrary to the provisions of Section 9.6law applicable to such holder which limit the maximum rate of interest which may be charged or collected by such holder.

Rents and Other Amounts Payable. On December 1Subject to Section 208 of the Indenture, 1993, and June on or before January 1 and December July 1 in each year thereafter year, commencing January 1, 2010, until payment Payment in full Full of the Bonds, the Company Lessee shall pay or cause to be paid to the Trustee, Trustee for the account of the Board, Issuer as rent rents for the Project, Project a sum of money equal to the amount payable on such date as principal of and interest on the Bonds, as provided in the Indenture. In any event, on each date on which a payment Each Rental Payment under this Section 5.3 shall be sufficient to pay the total amount of principal or and interest is payable on the Bondssuch semiannual interest payment date, and if at any such semiannual interest payment date the amount of money available balance in the Bond Fund is insufficient to make required payments of principal and interest on such date, the Company Lessee shall forthwith pay to the Trustee, in immediately available funds, the amount of any such deficiency. Notwithstanding anything to the contrary contained herein, if the Company is the lessee of the Project and is also the Bondholder, then the payment of Rental Payments under this Lease and the payment of the principal of and interest on such Bond shall be deemed to have been constructively made when due and shall be noted on the Schedule of Payment attached to the Bond. If the Company elects to terminate this Lease or elects to purchase the Project, and if the Bond has not theretofore been retired, the Company shall make a final payment of Rental Payments in an amount sufficient to retire the Bond and shall cause the Bond to be retired on the date the Term expires or the date this Lease is terminated or the date the purchase of the Project is closed, as applicable, provided that if the Company or an Affiliate of the Company is also the Holder of the Bond, then in lieu of such payment, such Bond shall be marked “canceled and paid” and shall be promptly surrendered by the Holder to the Registrar. Anything herein to the contrary notwithstanding, any amount of money at any time held by the Trustee in the Bond Fund shall be credited against the next succeeding rental payment of rent and such credit shall reduce the payment to be then made by the CompanyLessee; and further, if, and for so long as, if the amount held by the Trustee in the Bond Fund should be sufficient to pay at the times required the principal of and the interest on all Bonds then remaining unpaid, the Company Lessee shall not be obligated to make any further rental payments under the provisions of this Section. The Company Lessee agrees to pay to the Trustee until the principal Payment in Full of and the interest on the Bonds shall have been paid in full (i) at least once a year an amount equal to the annual fee of the Trustee for the Ordinary Services of the Trustee rendered and its Ordinary Expenses incurred under the Indenture, (ii) the reasonable fees fees, costs and charges of the Trustee and any other paying agent for acting as paying agent and as bond registrar and the reasonable fees expenses of Trustee's counsel ’s Counsel as provided in the Indenture, as and when the same become due, and (iii) the reasonable fees and charges of the Trustee for Extraordinary Services rendered by it and Extraordinary Expenses incurred by it, as such terms are defined in under the Indenture, as and when the same become due; provided, that the Company Lessee may, without precipitating an Event of Default creating a default hereunder, withhold such payment to contest in good faith the necessity for any such Extraordinary Services and Extraordinary Expenses and the reasonableness of any such fees, charges or expenses. If the Company Lessee should fail to make any of the payments required in this Section, the item or installment which the Company has failed to make so in default shall continue as an obligation of the Company Lessee until the same shall have been fully paid, and the Company Lessee agrees to pay the same (in the case of interestwith interest thereon, to the extent permitted by law) with interest thereon legally enforceable, at the rate Default Rate per annum equal to one percent per annum over the applicable interest rate borne by the Bonds, calculated as described in the Indentureuntil paid. The provisions of this Section 5.3 shall be subject to the provisions of Section 9.69.5 hereof.

Rents and Other Amounts Payable. On December Subject to Section 208 of the Financing Agreement, on or before September 1, 19932020, and June on or before each March 1 and December September 1 in each year thereafter until payment Payment in full Full of the Bonds, the Company Lessee shall pay or cause to be paid to the Trustee, Issuer as rents for the account of the Board, as rent for the Project, Project a sum of money equal to the amount payable on such date as principal of and interest on the Bonds, as provided in the IndentureFinancing Agreement. In any event, on each date on which a Each rental payment under this Section shall be sufficient to pay the total amount of principal or and interest is payable on the Bondssuch semiannual interest payment date, and if at any such semiannual interest payment date the amount of money available balance in the Bond Fund is insufficient to make required payments of principal and interest on such date, the Company Lessee shall forthwith pay to the Trustee, in immediately available funds, the amount of any such deficiency. Anything herein to the contrary notwithstanding, any amount of money at any time held by the Trustee Issuer in the Bond Fund shall be credited against the next succeeding rental payment of rent and such credit shall reduce the payment to be then made by the CompanyLessee; and further, if, and for so long as, if the amount held by the Trustee Issuer in the Bond Fund should be sufficient to pay at the times required the principal of and the interest on all Bonds then remaining unpaid, the Company Lessee shall not be obligated to make any further rental payments under the provisions of this Section. The Company agrees to pay Notwithstanding the foregoing or anything to the Trustee until the principal of and the interest on the Bonds shall have been paid in full (i) an amount equal to the annual fee of the Trustee for the Ordinary Services of the Trustee rendered and its Ordinary Expenses incurred under the Indenture, (ii) the reasonable fees and charges of the Trustee and any other paying agent for acting as paying agent and as bond registrar and the reasonable fees of Trustee's counsel as provided contrary contained herein or in the IndentureFinancing Agreement, while the Lessee is the sole Bondholder, payment shall be made as and when the same become due, and (iii) the reasonable fees and charges of the Trustee for Extraordinary Services rendered by it and Extraordinary Expenses incurred by it, as such terms are defined set forth in the Indenture, Direct Payment Agreement so long as and when the same become due; provided, that the Company may, without precipitating an Event of Default hereunder, withhold such payment to contest it is in good faith the necessity for any such Extraordinary Services and Extraordinary Expenses and the reasonableness of any such fees, charges or expenseseffect. If the Company Lessee should fail to make any of the payments required in this Section, the item or installment which the Company has failed to make so in default shall continue as an obligation of the Company Lessee until the same shall have been fully paid, and the Company Lessee agrees to pay the same (in the case of interestwith interest thereon, to the extent permitted by law) with interest thereon legally enforceable, at the rate per annum equal to one percent per annum over the applicable interest rate borne by the Bonds, calculated as described in the IndentureBonds per annum until paid. The provisions of this Section shall be subject to the provisions of Section 9.69.6 hereof.

Rents and Other Amounts Payable. On December 1Subject to Section 2.08 of the Original Indenture, 1993, and June on or before January 1 and December July 1 in each year thereafter year, commencing January 1, 2005, until payment Payment in full Full of the Bonds, the Company each Lessee shall pay or cause to be paid pro rata in accordance with its respective Leased Interest to the Trustee, Trustee for the account of the Board, Issuer as rent rentals for the Project, Project a sum of money equal to the amount payable on such date as principal of and interest on the Bonds, including the Series 2003 Bonds, the Series 2004 Bonds and the Series 2005 Bonds, as provided in the Indenture. In any event, on each date on which a Each rental payment under this Section shall be sufficient to pay the total amount of principal or and interest is payable on the Bondssuch semiannual interest payment date, and if at any such semiannual interest payment date the amount of money available balance in the Bond Fund is insufficient to make required payments of principal and interest on such date, the Company each Lessee shall forthwith pay to the Trustee, in immediately available funds, the amount of any such deficiencydeficiency pro rata in accordance with its respective Leased Interest. Anything herein to the contrary notwithstanding, any amount of money at any time held by the Trustee in the Bond Fund shall be credited against the next succeeding rental payment of rent and such credit shall reduce the payment to be then made by the Companyeach Lessee pro rata in accordance with its respective Leased Interest; and further, if, and for so long as, if the amount held by the Trustee in the Bond Fund should be sufficient to pay at the times required the principal of and the interest on all Bonds then remaining unpaid, the Company neither Lessee shall not be obligated to make any further rental payments under the provisions of this Section. The Company Each Lessee agrees to pay pay, pro rata in accordance with its respective Leased Interest, to the Trustee until the principal Payment in Full of and the interest on the Bonds shall have been paid in full (i) at least once a year an amount equal to the annual fee of the Trustee for the Ordinary Services (as defined in the Indenture) of the Trustee rendered and its Ordinary Expenses (as defined in the Indenture) incurred under the Indenture, (ii) the reasonable fees and charges of the Trustee and any other paying agent for acting as paying agent and as bond registrar and the reasonable fees of Trustee's counsel as provided in the Indenture, as and when the same become due, and (iii) the reasonable fees and charges of the Trustee for Extraordinary Services (as defined in the Indenture) rendered by it and Extraordinary Expenses incurred by it, (as such terms are defined in the Indenture) incurred under the Indenture, as and when the same become due; provided, that the Company either Lessee may, without precipitating an Event of Default creating a default hereunder, withhold such payment to contest in good faith the necessity for any such Extraordinary Services and Extraordinary Expenses and the reasonableness of any such fees, charges or expenses. If the Company either Lessee should fail to make any of the payments required in this Section, the item or installment which the Company has failed to make so in default shall continue as an obligation of the Company such Lessee until the same shall have been fully paid, and the Company such Lessee agrees to pay the same (in the case of interestwith interest thereon, to the extent permitted by law) with interest thereon legally enforceable, at the rate Default Rate per annum equal to one percent per annum over the applicable interest rate borne by the Bonds, calculated as described in the Indentureuntil paid. The provisions of this Section shall be subject to the provisions of Section 9.69.6 of the Original Lease.

Rents and Other Amounts Payable. On December June 1, 19931989, and -------------------------------- June 1 and December 1 in each year thereafter until payment in full of the Bonds, the Company shall pay to the Trustee, for the account of the Board, as rent for the Project, a sum of money equal to the amount payable on such date as principal of and interest on the Bonds, as provided in the Indenture. In any event, on each date on which a payment of principal or interest is payable on the Bonds, if at any such date the amount of money available in the Bond Fund is insufficient to make required payments of principal and interest on such date, the Company shall forthwith pay to the Trustee, in immediately available funds, the amount of any such deficiency. Anything herein to the contrary notwithstanding, any amount of money at any time held by the Trustee in the Bond Fund shall be credited against the next succeeding payment of rent and shall reduce the payment to be then made by the Company; and further, if, and for so long as, the amount held by the Trustee in the Bond Fund should be sufficient to pay at the times required the principal of and the interest on all Bonds then remaining unpaid, the Company shall not be obligated to make any further rental payments under the provisions of this Section. The Company agrees to pay to the Trustee until the principal of and the interest on the Bonds shall have been paid in full (i) an amount equal to the annual fee of the Trustee for the Ordinary Services of the Trustee rendered and its Ordinary Expenses incurred under the Indenture, (ii) the reasonable fees and charges of the Trustee and any other paying agent for acting as paying agent and as bond registrar and the reasonable fees of Trustee's counsel as provided in the Indenture, as and when the same become due, and (iii) the reasonable fees and charges of the Trustee for Extraordinary Services rendered by it and Extraordinary Expenses incurred by it, as such terms are defined in the Indenture, as and when the same become due; provided, that the Company may, without precipitating an Event of Default hereunder, withhold such payment to contest in good faith the necessity for any such Extraordinary Services and Extraordinary Expenses and the reasonableness of any such fees, charges or expenses. If the Company should fail to make any of the payments required in this Section, the item or installment which the Company has failed to make shall continue as an obligation of the Company until the same shall have been fully paid, and the Company agrees to pay the same (in the case of interest, to the extent permitted by law) with interest thereon at the rate per annum equal to one percent per annum over the applicable interest rate borne by the Bonds, calculated as described in the Indenture. The provisions of this Section shall be subject to the provisions of Section 9.6.

Rents and Other Amounts Payable. On December 1, 1993, and June 1 and December 1 in each year thereafter until payment in full of the Bonds, the Company (a) The Lessee shall pay make payments to the Trustee, Trustee during the Agreement Term for the account of the Board, Issuer in such amounts and at such times as rent for are sufficient to pay (i) the Project, a sum of money equal to the amount payable on such date as principal of and premium, if any, on the Bonds (whether due and payable at maturity or upon the redemption (in whole or in part) or acceleration of the Bonds) and (ii) accrued interest on the Bonds, as provided in the Indenture. In any eventevent each rental payment under this Section shall be sufficient to pay the total amount of the principal of, on each date on which a payment of principal or premium, if any, and interest is payable on the Bonds, Bonds and if at any such date time the amount of money available balance in the Bond Fund is insufficient to make required payments of the principal of, premium, if any, and interest due on the Bonds on such date, the Company Lessee shall forthwith pay to the Trustee, in immediately available funds, the amount of any such deficiency. Anything herein to the contrary notwithstanding, any amount of money at any time held by the Trustee deposited in the Bond Fund shall be credited against the next succeeding payment of rent and shall reduce the payment to be then made by the CompanyLessee to the extent such amount is in excess of the amount required for payment of the principal of and premium, if any, on Bonds theretofore called for redemption and past due interest in all cases where such Bonds have not been presented for payment; and further, if, and for so long as, if the amount held by the Trustee in the Bond Fund should be sufficient to pay at the times required the principal of of, premium, if any, and the interest on all the Bonds then remaining unpaid, the Company Lessee shall not be obligated to make any further rental payments under the provisions of this Section. The Company payments due and payable during the Extended Lease Term (as defined in Section 5.1 hereof) shall be $1.00 per year. (b) The Lessee agrees to pay to the Trustee (to the extent not paid from the Construction Fund) until the principal of of, premium, if any, and the interest on the Bonds shall have been paid in full fully paid, its reasonable and necessary fees, charges and expenses (i) an amount equal to the annual fee of the Trustee for the Ordinary Services of the Trustee rendered and its Ordinary Expenses incurred under the Indenture, (ii) the including reasonable fees and charges expenses of the Trustee and any other paying agent for acting as paying agent and as bond registrar and the reasonable fees of Trustee's counsel counsel) as provided in the Indenture, as and when the same become due. In addition, and (iii) the Lessee agrees to pay the reasonable fees and necessary fees, charges and expenses of the Trustee for Extraordinary Services rendered by it and Extraordinary Expenses incurred by it, as such terms are defined appointed with the consent of the Lessee in accordance with the Indenture, as and when the same become due; provided, that the Company . The Lessee may, without precipitating an Event of Default creating a default hereunder, withhold such any payment required to be made under this subsection (b) in order to contest in good faith the validity, necessity for any such Extraordinary Services and Extraordinary Expenses and the or reasonableness of any such fees, charges or expenses. If . (c) The Lessee agrees to pay the Company reasonable and necessary expenses (including attorneys’ fees and expenses) not otherwise provided for in this Lease, which may be incurred by the Issuer, or for which the Issuer may in any way become liable, as a result of issuing any of the Bonds, the Project Construction and the leasing of the Project to the Lessee, or being a party to this Lease or the Indenture, or issuing the Bonds. (d) In the event the Lessee should fail to make any of the payments required in this Section, the item or installment which the Company has failed to make so in default shall continue as an obligation of the Company Lessee until the same amount in default shall have been fully paid, and the Company Lessee agrees to pay the same (in the case of interest, to the extent permitted by law) with interest thereon at the rate per annum equal to one percent per annum over the applicable of interest rate borne by the Bonds, calculated as described in the IndentureBonds until paid. The provisions of this Section shall be subject to the provisions of Section 9.69.7 hereof.

Rents and Other Amounts Payable. On December 1Subject to Section 2.08 of the Original Indenture, 1993, and June on or before January 1 and December July 1 in each year thereafter year, commencing January 1, 2003, until payment Payment in full Full of the Bonds, the Company Lessee shall pay or cause to be paid to the Trustee, Trustee for the account of the Board, Issuer as rent rentals for the Project, Project a sum of money equal to the amount payable on such date as principal of and interest on the Bonds, including the Series 2000 Bonds, Series 2001 Bonds and the Series 2002 Bonds, as provided in the Indenture. In any event, on each date on which a Each rental payment under this Section shall be sufficient to pay the total amount of principal or and interest is payable on the Bondssuch semiannual interest payment date, and if at any such semiannual interest payment date the amount of money available balance in the Bond Fund is insufficient to make required payments of principal and interest on such date, the Company Lessee shall forthwith pay to the Trustee, in immediately available funds, the amount of any such deficiency. Anything herein to the contrary notwithstanding, any amount of money at any time held by the Trustee in the Bond Fund shall be credited against the next succeeding rental payment of rent and such credit shall reduce the payment to be then made by the CompanyLessee; and further, if, and for so long as, if the amount held by the Trustee in the Bond Fund should be sufficient to pay at the times required the principal of and the interest on all Bonds then remaining unpaid, the Company Lessee shall not be obligated to make any further rental payments under the provisions of this Section. The Company Lessee agrees to pay to the Trustee until the principal Payment in Full of and the interest on the Bonds shall have been paid in full (i) at least once a year an amount equal to the annual fee of the Trustee for the Ordinary Services of the Trustee rendered and its Ordinary Expenses incurred under the Indenture, (ii) the reasonable fees and charges of the Trustee and any other paying agent for acting as paying agent and as bond registrar and the reasonable fees of Trustee's counsel Counsel as provided in the Indenture, as and when the same become due, and (iii) the reasonable fees and charges of the Trustee for Extraordinary Services rendered by it and Extraordinary Expenses incurred by it, as such terms are defined in under the Indenture, as and when the same become due; provided, that the Company Lessee may, without precipitating an Event of Default creating a default hereunder, withhold such payment to contest in good faith the necessity for any such Extraordinary Services and Extraordinary Expenses and the reasonableness of any such fees, charges or expenses. If the Company Lessee should fail to make any of the payments required in this Section, the item or installment which the Company has failed to make so in default shall continue as an obligation of the Company Lessee until the same shall have been fully paid, and the Company Lessee agrees to pay the same (in the case of interestwith interest thereon, to the extent permitted by law) with interest thereon legally enforceable, at the rate Default Rate per annum equal to one percent per annum over the applicable interest rate borne by the Bonds, calculated as described in the Indentureuntil paid. The provisions of this Section shall be subject to the provisions of Section 9.69.6 of the Original Lease.

Rents and Other Amounts Payable. On December Subject to Section 208 of the Indenture and the Home Office Payment Agreement, by and among the Issuer, the Trustee and the Lessee, on or before January 1, 1993, and June on or before each January 1 and December July 1 in each year thereafter until payment Payment in full Full of the Bonds, the Company Lessee shall pay or cause to be paid to the Trustee, Trustee for the account of the Board, Issuer as rent rents for the Project, Project a sum of money equal to the amount payable on such date as principal of and interest on the Bonds, as provided in the Indenture. In any event, on each date on which a Each rental payment under this Section shall be sufficient to pay the total amount of principal or and interest is payable on the Bondssuch semiannual interest payment date, and if at any such semiannual interest payment date the amount of money available balance in the Bond Fund is insufficient to make required payments of principal and interest on such date, the Company Lessee shall forthwith pay to any such deficiency. The right of the Trustee, in immediately available fundsas assignee of the Issuer, shall be subject to the amount rights of a Lender under any such deficiencyLoan Documents. Anything herein to the contrary notwithstanding, any amount of money at any time held by the Trustee in the Bond Fund shall be credited against the next succeeding rental payment of rent and such credit shall reduce the payment to be then made by the CompanyLessee; and further, if, and for so long as, if the amount held by the Trustee in the Bond Fund should be sufficient to pay at the times required the principal of and the interest on all Bonds then remaining unpaid, the Company Lessee shall not be obligated to make any further rental payments under the provisions of this Section. The Company Lessee agrees to pay to the Trustee until the principal Payment in Full of and the interest on the Bonds shall have been paid in full (i) at least once a year an amount equal to the annual fee of the Trustee for the Ordinary Services of the Trustee rendered and its Ordinary Expenses incurred under the Indenture, (ii) the reasonable fees and charges of the Trustee and any other paying agent for acting as paying agent and as bond registrar and the reasonable fees of Trustee's ’s counsel as provided herein and in the Indenture, as and when the same become due, and (iii) the reasonable fees and charges of the Trustee for Extraordinary Services rendered by it and Extraordinary Expenses incurred by it, it as such terms are defined in the Indenture, as and when the same become due; provided, that the Company Lessee may, without precipitating an Event of Default creating a default hereunder, withhold such payment to contest in good faith the necessity for any such Extraordinary Services and Extraordinary Expenses and the reasonableness of any such fees, charges or expensesExtraordinary Services and Extraordinary Expenses. If the Company Lessee should fail to make any of the payments required in this Section, the item or installment which the Company has failed to make so in default shall continue as an obligation of the Company Lessee until the same shall have been fully paid, and the Company Lessee agrees to pay the same (in the case of interestwith interest thereon, to the extent permitted by law) with interest thereon legally enforceable, at the rate Default Rate per annum equal to one percent per annum over the applicable interest rate borne by the Bonds, calculated as described in the Indentureuntil paid. The provisions of this Section shall be subject to the provisions of Section 9.69.6 hereof.