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<br />the County's obligations under the Contract will not be included in the gross income of <br />the Bank for Federal and North Carolina income tax purposes, will not be an item of tax <br />preference for purposes of the Federal alternative minimum income tax, if applicable and <br />that such obligations are "qualified tax-exempt obligations" within the meaning of <br />Section 265(b)(3) of the Internal Revenue Code of 1986; <br />(g) Executed originals of any other documents and instruments required by <br />Bank in connection with this Contract. <br />5.10. Special Tax Covenants. The County covenants that: (a) it will make no <br />use of the monies advanced by the Bank (the "proceeds") which would cause this <br />Contract to be an "arbitrage bond" within the meaning of Section 148 of the Internal <br />Revenue Code of 1986, as amended (the "Code"), or the Treasury Regulations <br />promulgated thereunder; (b) so long as the Contract remains in effect, the County will <br />comply with the requirements of the Code and the applicable Treasury Regulations <br />promulgated thereunder and will not take or omit to take any action which will cause the <br />interest paid or payable under this Contract to be includible in the gross income of the <br />registered owner hereof; (c) the Equipment shall be used exclusively for essential <br />governmental purposes of the County and no use shall be made of the proceeds or of the <br />Equipment, directly or indirectly, which would cause this Contract to be a "private <br />activity bond" within the meaning of Section 141 of the Code; (d) no part of the payment <br />of principal or interest under this Contract is or shall be guaranteed, in whole or in part, <br />by the United States or any agency or instrumentality thereof; (e) no portion of the <br />proceeds shall be used, directly or indirectly, in making loans the payment of principal or <br />interest with respect to which are to be guaranteed, in whole or in part, by the United <br />States or any agency or any instrumentality thereof; and (f) the County shall not lease or <br />otherwise make any of the Equipment available to any entity if such lease or other <br />availability would cause the interest portion of the Installment Payments to be included in <br />the gross income of the Bank under the Code for income tax purposes. <br />The County shall furnish promptly all information necessary to permit the Bank to <br />file on or before its due date IRS Form 8038-G. The County shall not take or omit to take <br />any action that may cause a loss of the federal, state or local tax-exempt status of this <br />Contract or the interest thereon. <br />5.11. Appropriations of Payments. (a) The County reasonably believes that <br />funds sufficient to make all Installment Payments during the Term of this Contract can be <br />obtained. <br />(b) The Manager shall include in the initial proposal for each of the County's <br />annual budgets the amount of all Installment Payments coming due during the fiscal year to <br />which such budget is applicable. Notwithstanding that the Manager includes an <br />appropriation for Installment Payments in a proposed budget, the County may terminate all <br />its obligations hereunder by not appropriating sufficient funds to make the scheduled <br />Installment Payments. In the event the Governing Body determines not to appropriate in its <br />budget an amount sufficient to pay all Installment Payments coming due in the applicable <br />fiscal year, the Governing Body shall adopt a resolution specifically deleting such <br />6 <br />