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18 <br /> Private Use Restrictions <br /> 7. The Purchaser shall not exceed the private use restrictions set forth in <br /> Section 141 of the Code. Specifically, the Purchaser shall not permit more than 10% <br /> of the proceeds of the Agreement to be used for Private Business Use (as defined <br /> herein)if, in addition, the payment of more than 10% of the Installment Payments is, <br /> directly or indirectly, secured by (i) any interest in property used or to be used for a <br /> Private Business Use or (ii) any interest in payments in respect of such property or <br /> derived from any payment in respect of property or borrowed money used or to be <br /> used for a Private Business Use. In addition, in the event that both (A) more than 5% <br /> of the proceeds of the Agreement are used as described above with respect to Private <br /> Business Use and(B)more than 5% of the Installment Payments is secured by Private <br /> Business Use property or payments as described above, then the excess over such <br /> 5% ("Excess Private Use Portion") shall be used for a Private Business Use related to <br /> the governmental use of the Project. For purposes of this paragraph "Private Business <br /> Use" means use directly or indirectly in a trade or business carried on by a natural <br /> person, or in any activity carried on by a person other than a natural person, <br /> excluding, however, use by a state or local governmental unit and excluding use as <br /> a member of the general public. <br /> No Federal Guaranty <br /> 8. The Purchaser shall not take or permit any action which would cause its <br /> obligation under the Agreement to be "federally guaranteed" within the meaning of <br /> Section 149(b) of the Code and applicable regulations. <br /> Miscellaneous <br /> 9. (a) The Purchaser will not take any action or approve the use of <br /> proceeds of the Agreement or the taking of any other action which would cause the <br /> Agreement to be an arbitrage obligation within the meaning of Section 148 of the <br /> Code and applicable Treasury Regulations. <br /> (b) To the best of our knowledge, information and belief, the above <br /> expectations are reasonable and there are no other facts, estimates or circumstances <br /> that would materially change the expectations expressed herein. <br /> (c) The Purchaser has not been notified of any listing or proposed <br /> listing of it by the Internal Revenue Service as an issuer who may not certify its notes <br /> or bonds. <br /> (d) The terms used herein have the same meaning as those given them <br /> in Section 148 of the Code and the Treasury Regulations issued thereunder by the <br /> United States Department of Treasury. <br /> This Certificate is being executed and delivered pursuant to Sections 1. 103-13, <br /> 1. 103-14 and 1. 103-15 of the Treasury Regulations. The undersigned is an officer <br /> of the Purchaser charged with the responsibility of the delivery of the Agreement. <br /> Date Signature Title <br />