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<br />200510854 <br /> <br />(a) the fees and expenses of the Trustee under the Indenture, at least <br />semiannually or annually as statements are rendered by said Trustee and furnished <br />to Lessee; <br /> <br />(b) <br />by Lessee; <br /> <br />any expenses incurred in making of any audit of Lessor requested <br /> <br />(c) an amount equal to al1 taxes and fees required to be paid by Lessor <br />to the State of Nebraska or any other government, to keep the Lessor a <br />corporation in good standing during the term of this Agreement; <br /> <br />(d) all impositions (as defined in Article VI hereof) costs, expenses, <br />liabilities, obligations and other payments of whatever nature which Lessee has <br />agreed to payor assume under the provisions of this Agreement; <br /> <br />( e) any and all taxes which may be incurred by Lessor by virtue of <br />Lessor's ownership interest in the Project and any and al1 costs incurred by Lessor <br />in preserving its ownership interest in the Project, including but not limited to any <br />legal expenses incurred in preserving Lessor's ownership interest free and clear <br />from all encumbrances other than those created pursuant to this Agreement or the <br />Indenture; <br /> <br />(f) any amounts owing for costs of the Project in excess of monies in <br />the Construction Fund as provided in Article IV hereof; and <br /> <br />(g) any amounts required to provide for deposits required for the <br />Rebate Fund under the terms of Section 5.10 of the Indenture. <br /> <br />If at any time any amount paid by Lessee as additional rent is, or becomes, in <br />excess of the amount required for the purpose for which it was paid, such excess <br />amount, if held by Lessor or the Trustee, shall be refunded to Lessee. <br /> <br />C. Amendment of Section 4.02. Section 4.02 of Article IV of the Original Lease <br />Purchase Agreement is hereby amended to read as follows: <br /> <br />Section 4.02. Lessor and Lessee hereby acknowledge and agree to the <br />appointment of the City's Library Director and the City's Finance Director, <br />respectively, as project manager and alternate project manager pursuant to the <br />Indenture. Requisition for payments to contractors and suppliers or for <br />reimbursement to the Lessor or Lessee for costs incurred shall be signed by the <br />project manager or alternate project manager; and such requisitions shall be <br />submitted to the Trustee for payment as provided in Article VI of the Indenture. <br />Reimbursement to the City may include reimbursement for costs of acquiring <br />property included in the Site to the extent incurred after November 23,2004. <br /> <br />5 <br />