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010 0063ti1, <br />OR <br />(3) The amount of any interest, penalties or <br />Additions to Tax, deductible for federal income tax <br />purposes, which are payable by the holder or any <br />former holder of the Bonds in connection with the <br />occurrence of the Event of Taxability; provided, <br />however, that no payment pursuant to subparagraph (2) <br />or this subparagraph (3) shall be required with <br />respect to an Event of Taxability occurring solely <br />because of actions or omissions of the holder or any <br />former holder of the Bonds, it being understood that <br />the holder's or any former holder's of the Bonds right <br />to receive payments pursuant to subparagraph (2) or <br />this subparagraph (3) shall not be conditioned upon <br />the holder or any former holder of the Bonds taking or <br />refraining from taking any action with respect to an <br />Event of•Taxability due in whole or in part to the <br />actions or omissions of any other person or entity. <br />(4) For the purposes of paragraph (2) above, the <br />amount of interest, penalties or Additions to Tax <br />which are payable by the holder or any former holder <br />of the Bonds shall be computed without regard to any <br />reduction in such amount payable by reason of any set- <br />off, carry -over, carry -back, credit or loss or gain, <br />or otherwise, which may be available to the holder or <br />any former holder. <br />(5) From and after the date of an Event of <br />Taxability, the Company covenants to pay to the holder <br />or any former holder in respect of each Qualified Bond <br />held by the holder or any former holder, on each <br />interest payment date with respect to such Bond (or on <br />any other date on which interest is due in respect of <br />such Bond as a result of acceleration, redemption or <br />otherwise), an amount equal to the excess of (A) the <br />amount which would be payable on such date if such <br />Bond bore interest at 1008 of the Prime Lending Rate <br />per annum (beginning on the date of the Event of <br />Taxability) over (B) the amount actually required to <br />be paid with respect to the stated interest on such <br />Bond on such date. <br />(6) The Company covenants and agrees that the <br />indemnity provisions contained in this Section 10.1 <br />shall be applicable notwithstanding any provisions of <br />the Operative Documents relating to additional <br />payments which may be due in respect of the inclusion <br />of interest on the Bond in the income of a holder or <br />former holder of the Bond; provided, however, that to <br />the extent any such additional payments are received <br />by the holder or any former holder, the Company shall <br />receive a credit against its obligations under these <br />paragraphs. <br />-48- <br />U <br />