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201702130 <br />of or in connection with the Existing Lease Purchase Agreement as amended by this Fourth <br />Addendum; <br />5) any change or delay in the time of availability of the Project or any part thereof <br />or delays in the construction or acquisition with respect to the Project; <br />6) the failure to complete or to maintain satisfactory progress in the acquisition, <br />construction, installation and equipping of the Project, or any part thereof or improvement thereto <br />for any cause or reason; <br />7) the enforcement by the Trustee or the Corporation of any remedy available under <br />the Existing Lease Purchase Agreement as amended by this Fourth Addendum; <br />8) failure of consideration, failure of title or commercial frustration; <br />9) any change in the tax or other laws of the United States or of any state or other <br />governmental authority; or <br />10) the appointment of a receiver for the City or the Corporation for all or any part of <br />the assets of either. <br />Section VIII. Payment for Rebates to the United States. In addition to the additional <br />payments provided for in paragraph 5.b. of the Original Lease Purchase Agreement, the City agrees that it <br />will make payment, as an additional payment due under the Agreement, of all amounts due to the Rebate <br />Fund under the Indenture in order for the Refunding Bonds to comply with the requirements of Section <br />148(0 of the Code. <br />Section IX. Confirmation of Terms of Lease Purchase Agreement. Except as specifically <br />modified by this Fourth Addendum to Lease Purchase Agreement, all other terms and provision of the <br />Existing Lease Purchase Agreement previously executed by and between the City and the Corporation <br />shall remain in full force and effect. <br />Section X. Agreement as to Articles and Bylaws. In accordance with the provisions of Section <br />III of the Second Addendum, the Corporation hereby agrees that it will not amend its Articles of <br />Incorporation or Bylaws without the written consent of the City during term of the Existing Lease <br />Purchase Agreement as Amended by this Fourth Addendum. <br />5 <br />