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Agenda - 06-24-1986
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Agenda - 06-24-1986
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10/11/2016 2:43:46 PM
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BOCC
Date
6/24/1986
Meeting Type
Regular Meeting
Document Type
Agenda
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unliquidated investments made with money theretofore deposited in <br /> the Project Fund, except for amounts to be retained in the <br /> Project Fund for any Cost of Acquisition of the Project not then <br /> due and payable as provided in Section 4 . 3, shall be applied to <br /> the prepayment of installments of principal of the Bond in the <br /> inverse order of maturities in accordance with the terms of the <br /> Bond Purchase Agreement. <br /> Section 4 . 5 . Company Required to Pay in the Event the <br /> Project Fund is Insufficient. In the event the moneys in the <br /> Project Fund should not be sufficient to pay the total cost of <br /> the Project in full, the Company agrees to complete the Project <br /> and to pay that portion of such cost in excess of the moneys <br /> available therefor in the Project Fund. THE AUTHORITY MAKES NO <br /> WARRANTY, EITHER EXPRESS OR IMPLIED, THAT THE MONEYS PAID INTO <br /> THE PROJECT FUND AND AVAILABLE FOR PAYMENT OF THE COST OF <br /> ACQUISITION OF THE PROJECT WILL BE SUFFICIENT TO PAY THE TOTAL <br /> COST OF ACQUISITION OF THE PROJECT. The Company agrees that if , <br /> after exhaustion of the moneys in the Project Fund, the Company <br /> should pay any portion of the total cost of the Project pursuant <br /> to the provisions of this Section, it shall not be entitled to <br /> any reimbursement therefor from the Authority or the Holder and <br /> it shall not be entitled to any abatement or diminution of the <br /> payments required to be made by the Company pursuant to the Note . <br /> Section 4.6. No Third Party Beneficiary. It is specif- <br /> ically agreed between the parties executing this Agreement that <br /> it is not intended by any of the provisions of any part of this <br /> Agreement to establish in favor of the public or any member <br /> thereof, other than as expressly provided herein or as contem- <br /> plated in the Assignment, the rights of a third party beneficiary <br /> hereunder, or to authorize anyone not a party to this Agreement <br /> to maintain a suit for personal injuries or property damage <br /> pursuant to the terms or provisions of this Agreement. The <br /> duties, obligations and responsibilities of the parties to this <br /> Agreement with respect to third parties shall remain as imposed <br /> by law. <br /> 15 . <br />
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