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85006350
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Last modified
10/18/2011 4:47:08 AM
Creation date
4/1/2008 5:35:35 PM
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DEEDS
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85006350
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5-- 006350 <br />furnish the receipts or lien waivers specified in (iv) <br />above, any receipts necessary to establish the payments <br />specified in (i) above, and any other documentation <br />which say be deemed necessary by Trustee as a condition <br />for disbursement of money in connection with the repair, <br />restoration or improvement of the Project. Any - balance <br />of the Net Proceeds in excess of $1,000 remaining after <br />such work has been completed shall be paid by the <br />Trustee to the Company, provided however, that no such <br />Payment shall be made unless in compliance with the Act <br />and the Internal Revenue Code. <br />(b) To redemption of the Bonds; provided that no <br />part of the Net Proceeds may be applied for such <br />redemption. unless (1) all of the Bonds are to be <br />redeemed in accordance with the Indenture upon <br />acceleration of rent pursuant to Section 10.2 hereof, or <br />(2) in the event that less than all of the Bonds are to <br />be redeemed, Company shall furnish to Trustee and Issuer <br />a certificate of the Company Representative acceptable <br />to Trustee and Issuer stating (i) that the property <br />forming a part of the Project that was damaged or <br />destroyed by such casualty or was taken by such <br />condemnation proceeding is not essential to the use or <br />Possession of the Project by Company, or (ii) that the <br />Project has been repaired, restored or improved to <br />substantially the same condition as prior to such <br />damage, destruction or condemnation. <br />(c) If Company is in default under this Agreement, <br />the Net Proceeds shall be applied to the redemption of <br />the Bonds at the earliest practicable date. <br />Section 6.3. Insufficiency of Net Proceeds. If the Net <br />Proceeds are insufficient to pay in full the cost of any <br />repair, restorations or improvement referred to in Section <br />6.2(a) hereof the Company will pay any cost in excess of the <br />Net Proceeds held by Trustee or will pay to Trustee the moneys <br />necessary to complete the work in which case the work will <br />proceed to completion, except to the extent that any such work <br />is not needed by reason of any election which satisfies the <br />provisions of Section 6.2(b) hereof. To the extent Net <br />Proceeds are insufficient to pay the full cost of any repair, <br />restoration or improvement, Company shall not be entitled to <br />any reimbursement therefor from Issuer or from Trustee or from <br />the holders of any of the Bonds, nor shall Company be entitled <br />to any diminution of the amounts payable under Sections 5.2 and <br />5.3 hereof. <br />Section 6.4. Compaq Entitled to Certain Net Proceeds. <br />Company shall be entitled to the Net Proceeds of any condemna- <br />tion award or portion thereof made for damage to or taking of <br />its property not a part of the Project. <br />-33- <br />l� <br />
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