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201103788 Section 5.07. It is understood and agreed tha.t pursuant to the provisions of the Agreement, the City has agreed to pay as additional payments the fees and expenses of the Trustee and the other charges and expenses payable to the Trustee, as authorized and provided by this Indenture. The City is to make such payments either semiannually or annually on statements rendered by the Trustee. All such additional payments receive,ci by the Trustee under said Agreement shall not be paid into the Bond Fund but sha.11 be expended by the Trustee solely for the purpose for which said additional rent payments are received. Section 5.08. All monies required to be deposited with or paid to the Trustee under any provision of this Indenture or the Agreement, except for payments to the Trustee for its fees and expenses, sha11 be held by the Trustee in trust. Section 5.09. After payment or provision for payment in full of the bonds and fees of the Trustee, any balance remaining in the Bond Fund shall be paid to the City as a return of the Payments attn�butable to amounts in excess of the amounts required to pay principal and interest on the bonds. Section 5.10. There is hereby established with the Trustee a separate trust fund of the Corporation (for the benefit of the City as well as the Corporation) to be known and designated as the "Rebate Fund". Any amounts deposited and held in the Rebate Fund shall not be subject to any pledge of this Indenture but are to be held by the Trustee as set aside and pledged for the benefit of the United States Treasury in accordance with the terins of Section 148 of the Code. Investment earnings on any monies in the Rebate Fund shall be retained therein. Periodically at times sufficient to provide for any required payments to the United States under Section 148 of the Code and applicable regulations thereunder, at the City's expense, there shall be furnished to the Trustee a Rebate Analyst's report showing the excess, if any, of the amount earned on all "nonpurpose investments" related to the Refunding Bonds over the amount which would have been earned if such "nonpurpose investments" were invested at a rate equal to the "yield" on the Refunding Bonds. Such report sha11 be made in accordance with the requirements of Section 148 of the Code and any applicable regulations thereunder. Based upon such report and within fifteen days from the fizrnishing thereo� the Trustee sha11 transfer from investment earnings on hand or monies paid by the City into the Rebate Fund an amount equal to such excess. From the Rebate Fund the Trustee shall make payments to the United States in accordance with the requirements of Section 103 and Section 148 of the Code and any applicable regulations thereunder. In making transfers and payments to the United States, the Trustee shall be entitled to rely conclusively upon any Rebate Analyst's report or other recognized expert's report and any letter of instruction fumished to the Tnistee by recognized bond counsel and may in its discretion consult with counsel selected in the Trustee's discretion. Monies may be withdrawn from the Rebate Fund and transferred to or for the benefit of the City only upon the basis of a Rebate Analyst's report or other recognized expert's report accompanied by an opinion of recognized bond counsel satisfactory to the Trustee showing the amount and legal authority (whether statute, regulation or ruling of the Internal Revenue Service) for such withdrawal. All earnings on excess amounts transferred to the Rebate Fund shall be transferred to the United States as and to the extent required under Section 148 of the Code and applicable regulations thereunder. It is understood, agreed and acknowledged that pursuant to the provisions of the Agreement, the City has agreed to pay as additional payments any amounts 20