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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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circumstances or there exists an Event of Default under the <br /> Loan Agreement or an event which, but for the giving of <br /> notice or lapse of time or both, would result in such a:+ <br /> Event of Default . <br /> The Company agrees that if it shall elect to have any Net <br /> Proceeds applied to the restoration or replacement of the <br /> Project, it will restore or replace the Project , or cause the <br /> same to be done, to a condition substantially equivalent to its <br /> condition prior to the occurrence of the event to which the Net <br /> Proceeds were attributable. Any balance remaining after any such <br /> application of such Net Proceeds shall be applied to prepayment <br /> of installments of principal on the Note in inverse order of <br /> maturities as provided in Article X hereof . The Company shall be <br /> entitled to the Net Proceeds of any insurance or resulting from <br /> Eminent Domain relating to property of the Company not included <br /> in the Project and not providing security for the Note and this <br /> Agreement. <br /> (f) In case of any material damage to or destruction of all <br /> or any part of the Project, the Company shall give prompt written <br /> notice thereof to the Authority and the Holder . In case of a <br /> taking or proposed taking of all or any part of the Project or <br /> any right therein by Eminent Domain, the party upon which notice <br /> of such taking is served shall give prompt written notice to the <br /> other and to the Holder . Each such notice shall describe <br /> generally the nature and extent of such damage, destruction, <br /> taking, loss, proceedings or negotiations. <br /> Section 7.8. Administrative Expenses. The Company agrees <br /> to pay to or for the account of the Authority within 30 days <br /> after notice thereof all reasonable costs and expenses incurred <br /> by the Authority in connection with the financing and adminis- <br /> tration of the Project, except such as may be paid out of the <br /> Bond proceeds, including, without limitation, the costs of <br /> administering the Bond Documents and the fees and expenses of <br /> attorneys, consultants and others. <br /> Section 7 .9 . Indemnity Against Claims. The Company will <br /> pay and discharge and will indemnify and hold harmless the <br /> Authority, the Holder and the Depositary from (a) any lien or <br /> charge upon payments payable hereunder by the Company to the <br /> Authority, and (b) any taxes, assessments, impositions and other <br /> charges in respect of the Project. If any claim of any thereof <br /> is asserted, or any such lien or charge upon payments, or any <br /> such taxes, assessments, impositions or other charges, are sought <br /> to be imposed, the Authority will give prompt written notice to <br /> the Company, the Holder and the Depositary, and the Company shall <br /> have the sole right and duty to assume, and shall assume, the <br /> 24 . <br />
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