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<br />200806452 <br /> <br />Company shall be obligated to prepay or cause to be prepaid the Rent Payments then due and <br />owing under the circumstances as provided by Article X hereof. Any such prepayment by the <br />Company shall not relieve it of liability for each remaining Rent Payment with respect to the <br />Outstanding Bonds except as provided in this Agreement and the Indenture. In the event the <br />Company should fail to make any of the payments required in this Section 6.06 the amount so in <br />default shall continue as an obligation of the Company until such amount in default shall have <br />been fully paid. <br /> <br />Section 6.07. Payments To Replenish Debt Service Reserve Fund. In the event of a <br />deficiency in the Debt Service Reserve Fund, the Company shall, within 30 days of the drawing <br />upon the Debt Service Reserve Fund, pay into the Debt Service Reserve Fund an amount equal to <br />the amount of such deficiency. <br /> <br />Section 6.08. Issuer's Rights Assigned to Trustee. The Company is advised and <br />recognizes that as security for the payment of the Bonds, the Issuer will assign to the Trustee the <br />Issuer's rights under this Agreement, including the right to receive payments hereunder (except the <br />Unassigned Rights and the right to receive notices hereunder), and hereby directs the Company to <br />make said payments directly to the Trustee. The Company herewith assents to such assignment <br />and will make such payments directly to the Trustee without defense or setoff by reason of any <br />dispute between the Company and the Issuer or the Trustee. All rights against the Company <br />arising under this Agreement or the Bond Ordinance or Indenture and assigned to the Trustee <br />under the Indenture may be enforced by the Trustee, or the owners of the Bonds, to the extent <br />provided in the Indenture, and the Trustee, or the owners of the Bonds, shall be entitled to bring <br />any suit, action or proceeding against the Company, to the extent provided in the Bond Ordinance <br />or Indenture, for the enforcement of this Agreement, and it shall not be necessary in any such suit, <br />action or proceeding to make the Issuer a party thereto. <br /> <br />Section 6.09. Payments to Trustee. The Company agrees to pay (a) the initial <br />acceptance fee of the Trustee and reasonable costs and expenses, including reasonable attorneys' <br />fees and expenses, incurred by the Trustee in entering into and executing the Indenture and <br />(b) until the principal of, premium, if any, and interest on the Bonds shall have been fully paid or <br />provision for the payment thereof shall have been made in accordance with the provisions of the <br />Indenture, (i) an amount equal to the annual fee of the Trustee for the Ordinary Services of the <br />Trustee, as trustee, rendered and its reasonable Ordinary Expenses incurred under the Indenture, <br />including reasonable attorneys' fees and expenses, as and when the same become due, (ii) the fees, <br />charges and expenses of the Trustee, as Bond Registrar and as Paying Agent, and any other Bond <br />Registrar or Paying Agent on the Bonds, as and when the same become due, (iii) an amount equal <br />to the fees of the Trustee for its Extraordinary Services rendered and its reasonable Extraordinary <br />Expenses incurred under the Indenture, including reasonable attorneys' fees and expenses, as and <br />when the same become due and (iv) the cost of printing any Bonds required to be furnished by the <br />Issuer. In the event the Company should fail to make any of the payments required in this <br />Section 6.09, the item or installments so in default shall continue as an obligation of the Company <br />until the amount in default shall have been fully paid. The provisions of this Section 6.09 shall <br />survive termination of this Agreement. <br /> <br />4834-8191-0786.7 <br /> <br />34 <br />