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Agenda - 11-16-1993 - VIII-A (2)
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Agenda - 11-16-1993 - VIII-A (2)
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BOCC
Date
11/16/1993
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
VIII-A
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ARTICLE VII <br /> GENERAL COVENANTS <br /> Section 7.01. Payment of Revenues and Principal and Interest, Pledge of Trust Estate; <br /> Limited Liability. The Corporation covenants that it will promptly pay to the Trustee the Revenues and <br /> to.the Owners the principal and interest represented by every Bond executed and delivered under this <br /> Indenture at the place, on the dates and in the manner provided herein and in the Bonds, provided that <br /> the principal, premium, if any, and interest are payable by the Corporation solely from the Trust Estate, <br /> and nothing in the Bonds or this Indenture will be considered as assigning or pledging any other funds <br /> or assets of the Corporation or the County other than the Trust Estate. The Trust Estate is hereby <br /> pledged and assigned as security for the equal and ratable payment of the Bonds and will be used for no <br /> other purpose than to pay the principal of, premium, if any, and interest on the Bonds, except as may <br /> be otherwise expressly authorized in this Indenture or the Contract. <br /> No recourse will be had for the payment of the principal or interest represented by any of the <br /> Bonds or for any claim based thereon or on any obligation, representation, covenant, agreement or <br /> warranty contained in this Indenture, against any past,present or future officer, employee or agent of the <br /> Corporation, or any successor corporation, as such, either directly or through the Corporation or any <br /> successor corporation, under any rule of law or equity, statute or constitution or by the enforcement of <br /> any assessment or penalty or otherwise, and all such liability of any such officer, employee or agent as <br /> such is hereby expressly waived and released as a condition of and in consideration of execution of this <br /> Indenture and the execution and delivery of the Bonds. <br /> Section 7.02. Complete the Project and any Improvements. The Corporation covenants and <br /> agrees that it will cause to be diligently carried out and continued to completion in a sound and <br /> economical manner, with all practicable dispatch, the construction of the Project and any Improvements <br /> financed with the proceeds of Additional Bonds. <br /> Section 7.03. Use of Proceeds, Ownership, Management and Operation of Properties. The <br /> Corporation covenants and agrees that the proceeds of the sale of the Bonds will be deposited and used <br /> as provided in this Indenture; that it has, or will have as to the Project or any Improvements, title in fee <br /> simple to the Site; and that it will cause to be managed, maintained and operated all properties owned <br /> by it comprising any part of the Project or any Improvements in a sound and businesslike manner and <br /> that all necessary repairs, renewals and replacements thereto will be made. <br /> Section 7.04. No Priority. The Corporation covenants and agrees that it will not issue any <br /> obligations payable, either as to principal or interest, from the Net Revenues which have any lien on the <br /> Revenues prior or superior to the lien established under this Indenture and it will not issue any obligations <br /> payable as to principal or interest from the Net Revenues, which have any lien on the Revenues on a <br /> parity with the Bonds except as authorized herein. <br /> Section 7.05. Punctual Payment. The Corporation covenants and agrees that it will duly and <br /> punctually pay or cause to be paid the principal of and interest on each of the Bonds on the date, at the <br /> place and in the manner provided in the Bonds. <br /> Section 7.06. Payment of Taxes and Other Charges. The Corporation covenants and agrees <br /> that it will from time to time pay and discharge, or cause to be paid and discharged, all payments in lieu <br /> of taxes, service charges, assessments or other governmental charges which may lawfully be imposed on <br /> the Corporation or any portion of the Project or any Improvements, or on the Revenues from it, and will <br /> 24 <br />
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