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200510853 designee of Lessor as the ultimate consumer of property which is physically annexed to or becomes a part of the Project and which belongs to the City (by full beneficial ownership rights) under the terms and conditions ofthis Agreement as provided in Section 77-2704.15(2), RRS. Neb. 2003, as amended. To the extent that property is annexed to the Project without the City first issuing a purchasing agent authorization within the meaning of Section 77-2704.15(3), R.RS. Neb. 2003, as amended, the City shall apply for a refund of sales and use tax paid on property physically annexed to the Project and any such refund shall be paid to the Trustee for deposit to the Construction Fund and applied to pay costs of the Project. The City and Lessor shall make any further amendments to this Agreement required by the Nebraska Department of Revenue so that purchases in connection with any contracts awarded by the Lessor for the planning, design, construction and acquisition of the Project and entered into by Lessor are considered to be purchases by the City under Section 77- 2704.15, R.R.S. Neb. 2003, as amended, and the City may effectively appoint Lessor or any project contractor, subcontractor, supplier or other designee of Lessor as purchasing agent for the purposes of altering the status of Lessor or any project contractor, subcontractor, supplier or other designee of Lessor as the ultimate consumer of property which is physically annexed to the Project and which belongs to the City under the terms and conditions of this Agreement as provided in Section 77- 2704.15(2), R.R.S. Neb. 2003, as amended. Section 4.04. Any dispute with any supplier concerning the Project or interpretation of any contract related to the Project shall be adjusted and settled by Lessee; and Lessee shall be liable and make payment to such contractor or supplier and all other persons for any judgment, claim or liability in connection with said improvements in excess of the monies in the Construction Fund held by the Trustee. ARTICLE V COVENANTS OF LESSEE Section 5.01. Lessee covenants that it is a duly organized existing city of the first class of the State of Nebraska with full and lawful power and authority to enter into this Agreement pursuant to the Act and that it has taken all actions necessary to validly enter into this Agreement. Section 5.02. Lessee covenants that the Payments and additional rent payable under this Agreement do not exceed any limitation imposed by law. Until the Building Bonds and interest thereon are fully paid, Lessee covenants and agrees to make and continue to make for so long as permitted by law an annual levy on the taxable property within its geographical area pursuant to Section 16-702, R.R.S. Neb. 1997, as amended which will be sufficient, along with any other funds available for the purpose, specifically including amounts collected from the additional sales tax approved by the voters of the City on May 11, 2004, to enable Lessee to make all of the Payments and pay additional rent as and when the same become due, and to take all action required to provide funds to make the Payments and pay additional rent as herein required. Section 5.03. Lessee covenants and agrees that throughout the term of this Agreement it will observe all budget, tax and spending limitations now or hereafter imposed by law in such a manner that a sufficient portion of its tax levy or other monies shall be lawfully available 7