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200412247
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200412247
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Last modified
10/17/2011 12:26:38 AM
Creation date
10/21/2005 6:47:15 AM
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DEEDS
Inst Number
200412247
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200412247 <br />notwithstanding any circumstance or occurrence that may arise or take place, including, without <br />limiting the generality of the foregoing, the following: <br />1) any damage to or destruction of any part or all of the Project or any <br />other properties owned or operated by the City or Heartland; <br />2) the taking of any part or all of the Project or any other properties <br />owned or operated by the City by any public authority or agency in the exercise of <br />the power of eminent domain or otherwise; <br />3) any assignment, novation, merger, consolidation, transfer of assets, <br />leasing or other similar transaction of or affecting the City or the Heartland or the <br />Trustee; <br />4) any failure of the Heartland to perform or observe any agreement or <br />covenant, whether express or implied, or any duty, liability or obligation, arising out <br />of or in connection with the Lease Purchase Agreement as amended by this Second <br />Addendum, the Management Contract or the Indenture or the failure by the Trustee <br />to perform or observe any agreement or covenant, whether express or implied, or <br />any duty, liability or obligation, arising out of or in connection with the Lease <br />Purchase Agreement as amended by this Second Addendum; <br />5) any change or delay in the time of availability of the Project or any <br />part thereof 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 <br />acquisition, construction, installation and equipping of the Project, or any part <br />thereof for any cause or reason; <br />7) the enforcement by the Trustee or the Heartland of any remedy <br />available under the Lease Purchase Agreement as amended by this Second <br />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 <br />state or other governmental authority; or <br />10) the appointment of a receiver for the City or the Heartland for all or <br />any part of the assets of either. <br />Section XIII. 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 <br />agrees that it will make payment, as an additional payment due under the Agreement, of all <br />14 <br />
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