Agenda - 12-20-94 - Contract - Laserfiche WebLink

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and all other documents relating hereto and the performance of the County' s obligations hereunder and thereunder, and compliance with the provisions hereof, under the circumstances contemplated hereby, does not and will not in any material respect conflict with, constitute on the part of the County a breach of or default under, or result in the creation of a lien on any property of the County (except as contemplated herein) , pursuant to any agreement or other instrument to which the County is a party, or any existing law, regulation, court order or consent decree to which the County is subject; (e) The obligation created by this Contract is not a "private activity bond" as defined in Section 141 of the Code; (f) The resolutions relating to the performance by the County of this Contract and the transactions contemplated hereby, substantially in the form of Exhibit D attached hereto, have been duly adopted, are in full force and effect, and have not been in any respect modified, revoked or rescinded. SECTION 8 . TAX COVENANTS AND REPRESENTATIONS The County covenants that it will not take any action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion from gross income of the interest portion of the obligation created by this Contract under Section 103 of the Code. The County will not directly or indirectly use or permit the use of any Financing Proceeds or any funds of the County, or take or omit to take any action that would cause the obligation created by this Contract to be an "arbitrage bond" within the meaning of Section 148 (a) of the Code. To that end, the County has executed the Tax Certificate and will comply with all requirements of Section 148 of the Code to the extent applicable to the obligation created by this Contract. Without limiting the generality of the foregoing, the County agrees that there shall be paid from time to time all amounts required to be rebated to the United States of America pursuant to Section 148 (f) of the Code and any temporary, proposed or final Treasury Regulations as may be applicable to the obligation created by this Contract from time to time. This covenant shall survive the payment in full of all obligations under this Contract . Notwithstanding any provision of this Section, if the County shall provide to the Lender an opinion of nationally recognized bond counsel to the effect that any action required under this Section is no longer required, or to the effect that some further action is required, to maintain the exclusion from gross income of the interest on the obligation created by this Contract pursuant to 10