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2Q1ioss3� 2 �441�247. Suiiciin� Banc�s, �vhich shall be sold �o che purchaser chereoi for :ut amount aot less than 9$% �f �he principal amount thereot plus accrued incerest tv date of delivery 3nd paymenc. The terms and conditions for che Buildin� Bonds shatl be specified in che Building Bond Indenture tivhich �he City shall approve grinr to th� execution and delivery thereof by Heartland. �_.: i: pon the issuance of the Building Bonds, Heartlend shall cause the proc�eds of such bonds to be gaid to che Trustee, inciudin� the tull amount of accrued interest, if any, received upon such sale, to be heid and applied as provided in the Building Bond Indenture, with such proceeds being 3ppEied first to pay a.tpenses of issuin� che Building Bonds, inciuding, if appIica ble payment of premium for any bond insurance, second to the fundin� of the Debt Sernice Reserve Fu�d in the amount cequired in connection with the issuance and sale of che Building Bonds, as set forth in the Buildirtg Bonds Indenture and �vith the remaining proceeds being deposited to the Consuuction Fund. Heartland shall cause che Trustee to uivest� and ceinvest the proceeds held by the Trusree from rime to time in the Construction Fund, the Bond Fnnd and the Debt S�R�ice R�serve Fund in the manner and to the extent and with such applic3tion of the income therefrom as shall be provided in the Buildin� Bonds Tndenture, provided (i} that invest- ment eamings on amounts in che Debt Service Reserve Fund shall be applied. to pay debt service on the Building Bonds with the City receiving credit against basic rentals or to rhe payment of amounts owing for rebace to the linited States under Section 1�8 of the Cade and (iij that. investment earnings on amounts in the Construction Fund shall be app[ied to pay costs of the Proj ect. This Agreement shall be amended to include any other provisi4ns deemed necessary by the pmposed purchaser of the Building Bonds in connection with the offer and sale of the Building Bonds. 13. ST �TUS UF LEaSE. The City acknowledges tha;t it approves Pians and Specifications af HeartIand for the Project and will hold Trustee hazmless against any claim by way of infrin�ement or the like thax arises ont of compliance with the Plans and Specifications. The City agrees that the covenants and agreements herein are irrevocable and indegeadent. The City's obti�ation to pay basic rents shall be irrevocable, independent and uncandstional &om aad after the issuanee of the Building Bonds. 14. P:�YiYiEIY'T A►iYD PERFORM�.YCE BONDI�YG FOR CONSTRUCTION OF PROJECT. Unless otherwise a$reed ta by the City, Heartland a�ree.s that it wili rec{uire a labor and materials payment bond and a performance bond from rhe contractor for the Project in an amount equal ta the full amount af the construction contrac� i�. INDEI��NIF`IC�TIG1iY COMMITV[ENTS. The Ciry, as and ro che fullest estent permitted by law, shal! indemnify and save Hearttand and any of its officers, directors, empioyees and the Trustee harmless against and &om aII ciaims by ar on behalf of any person or enrity arising from rhe City's acquisition and lease of the Project, inclndin� any breach or deFault on che part uf the City in the performance of any of its �uties and responsibilities under this �greement or any related document. 1?