Orange County NC Website
31 <br /> SECTION 8. TAX COVENANTS AND REPRESENTATIONS <br /> The County covenants that it will not take any action, or fail <br /> to take any action, if any such action or failure to take action <br /> would adversely affect the exclusion from gross income of the <br /> interest portion of the obligation created by this Contract under <br /> Section 103 of the Code. The County will not directly or <br /> indirectly use or permit the use of any funds of the County, or <br /> take or omit to take any action that would cause the obligation <br /> created by this Contract to be an "arbitrage bond" within the <br /> meaning of Section 148 (a) of the Code. To that end, the County has <br /> executed the Certificate as to Arbitrage and will comply with all <br /> requirements .of Section 148 of the Code to the extent applicable to <br /> the obligation created by this Contract. <br /> without limiting the generality of the foregoing, the County <br /> agrees that there shall be paid from time to time all amounts <br /> required to be rebated to the United States of. America pursuant to <br /> Section 148 (f) of the Code and any temporary, proposed or final <br /> Treasury Regulations as may be applicable to the obligation created <br /> by this Contract from time to time. This covenant shall survive <br /> the payment in full of all obligations under this Contract. <br /> Notwithstanding any provision of this Section, if the County <br /> shall provide to the Lender an opinion of nationally recognized <br /> bond counsel to the effect that any action required under this <br /> Section is no longer required, or to the effect that some further <br /> action is required, to maintain the exclusion from gross income of <br /> the interest on the obligation created by this Contract pursuant to <br /> Section 103 of the Code, the Lender may rely conclusively on such <br /> opinion in complying with the provisions hereof . <br /> SECTION 9 . INDEMNIFICATION <br /> To the extent permitted by law, the County hereby agrees to <br /> indemnify, protect and save the Lender harmless from all liability, <br /> obligations, losses, claims, damages, actions, suits, proceedings, <br /> costs and expenses, including attorneys' fees, arising out of, <br /> connected with, or resulting directly or indirectly from the <br /> Property. The indemnification arising under this Section shall <br /> continue in full force and effect notwithstanding the payment in <br /> full of all obligations under this Contract. <br /> SECTION 10 . DEFAULT AND REMEDIES <br /> • <br /> 10 . 1 Definition of Event of Default. The County shall be <br /> deemed to be in default hereunder upon the happening of any of the <br /> following events of default (each, an "Event of Default") : <br /> (a) The County shall fail to make any Installment <br /> Payment or pay any sum hereunder when due; or <br /> 10 <br />