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Agenda - Council - 08/13/2013
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Agenda - Council - 08/13/2013
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3/18/2025 9:36:06 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
08/13/2013
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hereunder, designate any further or different addresses to which subsequent notices, certificates <br />or other communications shall be sent. <br />Section 10.3 Binding Effect. This Agreement shall inure to the benefit of and shall be <br />binding upon the Issuer, the Company, the Trustee, the Registered Owners of the Bonds and their <br />respective successors and assigns, subject, however, to the limitations contained in Sections <br />2.2(b) and 7.1 hereof. <br />Section 10.4 Severability. In the event any provision of this Agreement shall be held <br />invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate <br />or render unenforceable any other provision hereof. <br />Section 10.5 Amounts Remaining in the Revenue Fund, the Bond Fund, the <br />Reserve Fund, the Capital Improvement Fund, the Expense Fund and the Costs of Issuance <br />Fund. It is agreed by the parties hereto that any amounts remaining in the Revenue Fund, the <br />Bond Fund, the Reserve Fund, the Capital Improvement Fund, the Expense Fund and the Costs <br />of Issuance Fund upon expiration or earlier termination of the Term of Agreement, as provided <br />in this Agreement, after payment in full of the Bonds (or provision for payment thereof having <br />been made in accordance with the provisions of the Indenture), and the fees and expenses of the <br />Issuer, the Trustee, and any paying agents in accordance with the Indenture, shall belong to and <br />be paid to the Company by the Trustee as the return of an overpayment of the amounts payable <br />hereunder. <br />Section 10.6 Amendments, Changes and Modifications. Subsequent to the issuance <br />of Bonds and prior to their payment in full (or provision for the payment thereof having been <br />made in accordance with the provisions of the Indenture), and except as otherwise herein <br />expressly provided, this Agreement may not be effectively amended, changed, modified, altered <br />or terminated without the written consent of the Trustee, in accordance with the provisions of the <br />Indenture. <br />Section 10.7 Execution in Counterparts. This Agreement may be simultaneously <br />executed in several counterparts, each of which shall be an original and all of which shall <br />constitute but one and the same instrument. <br />Section 10.8 Applicable Law. This Agreement shall be governed by and construed in <br />accordance with the laws of the State. <br />Section 10.9 Captions. The captions and headings in this Agreement are for <br />convenience only and in no way define, limit or describe the scope or intent of any provisions or <br />Sections of this Agreement. <br />(The remainder of this page is intentionally left blank.) <br />39 <br />5600861v1 <br />
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