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<br /> <br />condemnation of the Equipment. In the event of loss or damage to the Equipment, the <br />County shall either (a) continue to make the Installment Payments due hereunder and <br />repair or replace the Equipment or (b) prepay in full the principal components of the <br />outstanding Installment Payments in accordance with Section 3.5 hereof. Said repair or <br />replacement of the Equipment shall meet with the satisfaction of the Bank. <br />5.7. Performance by the Bank of the County's Responsibilities. Any <br />performance required of the County or any payments required to be made by the County <br />may, if not timely performed or paid, be performed or paid by the Bank, and, in that <br />event, the Bank shall be immediately reimbursed by the County for such payments and <br />for any costs and expenses, legal or otherwise, associated with the payments or other <br />performance by the Bank, with interest thereon at a per annum rate equal to the rate per <br />annum described in Exhibit B hereto. <br />5.8. Financial Statements. The County agrees that it will furnish the Bank <br />current audited financial statements (as soon as practicable after the County's acceptance <br />thereof) and the County's annual budget as submitted or approved, and permit the Bank <br />or its agents and representatives to inspect the County's books and records and make <br />extracts therefrom at its own expense during regular business hours and in a manner <br />which will not disrupt the normal business routine of the County. County shall furnish to <br />Bank current financial statements at such reasonable times as the Bank may request. The <br />County represents and warrants to the Bank that all financial statements which have been <br />delivered to the Bank in connection with this Contract fairly and accurately reflect the <br />County's financial condition and there has been no material adverse change in the <br />County's financial condition as reflected in the financial statements since the date thereof. <br />5.9. Other Responsibilities and Conditions. Simultaneously with the execution <br />of this Contract and prior to the advancement of any funds hereunder by the Bank, the <br />County shall cause to be provided to the Bank the following: <br />(a) An Incumbency and Authorization Certificate in the form of Exhibit C <br />attached hereto; <br />(b) An Opinion Letter of counsel for the County in the form of Exhibit D <br />attached hereto; <br />(c) A certificate in the form of Exhibit E attached hereto or other proof of <br />insurance on the Equipment satisfactory to the Bank; <br />(d) Certified copies of resolutions of the County's governing body authorizing <br />the County to enter into this Contract and carry out its terms; <br />(e) Properly completed UCC financing statements as required by Section 6.1 <br />hereof sufficient in form and substance and filed in all necessary locations to perfect a <br />first lien in the Equipment; and <br />(f) If required by the Bank, an opinion letter from tax counsel, in form and <br />substance and from an attorney satisfactory to the Bank, which states that the interest on <br />5 <br />