Agenda - Economic Development Authority - 05/24/2005

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c:dcufations made or verified by the Trustee shall in any event be at th~ expense of the Issuer, rind the Issuer shall promptly furnish the Trustee with such information as the Trustee may request for that purpose); (5) cause such calculations to be retained until six yea_rs after the retirement of the last Bond; and (6) cause the rebate to be calculated as provided in the appt.icable Treasury R%t~lations, or any successor Treasury Regulations, including taking into account the gain or lc~ss on the disposition ofnonpurpose investments including gross earnings on investments in the Funds. (The Trustee may, but is not obligated to, require that the Issuer deposit'with the Trustee ~lny amotmt that the Trustee determines is excess under Section 148(F)(2)(A) of the Code). · For purposes of carrying out the provisions of this section, both the__Iss_uer and the Trustee may in good faith conclusively rely upon a written opinion ora Rebate Expert stating in effect that the rebate calculations referred to in the opinion are in compliance with Section' 148(f) of the (]ode. The Trustee may, but shall have no obligation to, (i) make any rebate calculated as provided in this section and pay the amount of rebate due or to become due as provided in - Section 5.03(h) and (ii) require that the Issuer deposit with the Trustee in a Rebate Fund any excess amount determined under Section 148(f)(2)(A) of the Code and earnings derived from the inv(:stment thereof. Such Rebate Fund shall not be part of the Trust Estate. The Trustee shall cooperate with the Issuer in determining the amount of any rebate and may in good fa/th conclusively rely upon a written opinion of a Rebate Expert stating in effect that the rebate calculations referred to in the opinion are in compliance with Section 148(I') of the Code. 176.~903v I 103