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�o�ioss3� 2 0041�2�7 ment related to the Project resulting from the resolution of a dispute with a contractor or supplier or resulting trom any judgment, claim or liability related the Project in escess of funds in the construction fund and from Other Funding Sources shall be paid by the City as additional rent The City shall take possession of the Project upon issuance of certificate of substantial completion by the project arclutect; provided, there are no unresolved disputes with any coa- tractor or supplier concerning the Project. 1.3 Paragraph 9. of the Lease Purchase Agreement is hereby amended to read as follows: 9. COVENANTS OF CITY. The City covenants that it is a city of the first class of the State of Nebraska, orgamized under Neb. Rev. Stat.. Chapter 16, as amended, with full and lawful power and authority to enter into this agreement as a lease pursuant to Neb. Rev. Stat. � 19-2421 and that it has taken all actions necessary to lawfully enter into this agreemen� The City covenants that the lease rentals payable under this Agreement do not exceed any limitation imposed by law. The City covenaats that it will take action to apply for a grant of assistance from the Locai Civic, Cultival and Convention Center Financing Fund and take all actiQn necessary under the Local Civic, Culturai, and Convention Center Finaucing Act at Neb. Rev. Stat. §§13-2701 to 13-2710 in regard to such application for grant of assistance. Any grant of assistance received by the City under the Local Civic, Cultiu�at, and Convention Center Financing Act at Neb. Rev. Stat. §§13-2701 to 13-2710 shall he considered part of the commitments for all costs of the Project from Other Funding Sources under Paragraph 3.a. of tlus Agreement. Any grant of assistance received by the City under the Local Civic, Cultural, and Convention Center Financing Act at Neb. Rev. Sta� §§ 13-2701 to 13-271 U shall be paid to Heartland to be deposited with the Other Funding Sources or, with the consent of Heartland, paid directly as designated by Heartland for the cost of the construction of the Project. The City covenants that throughout the terrn of this Agreement it will observe all taxa- rion, budget and spending limitations now or hereafter imgosed by law. The City covenants and agrees that it shall levy and collect aanually taxes, which may be either ad valorem taxes upon all the taxable property in the City uader Neb. Rev. Stat., § 16-702 (as now or hereafter amended or any successor statutory provisian thereto) or sales and use taxes under Neb. Rev. Stat. §§77- 27,142 to 77-27,148 (as now or hereafter amended or any successor statutory provisian thereto) sufficient in rate and amount to pay the basic rents and all additional rent due hereunder. Receipts from such taxes in each year sufficient to pay the basic rent due hereunder shall be placed in a separate account of the City's general fund or otherwise segregated and applied to make the payments of basic rent due hereunder. The City covenants to include each fiscal year during the term of this Agreemeat in its annual bud�et appropriations sufficient to pay the amounts due hereunder during each budget year on the understanding that such cornmitment is a conrinuing contractual obligation of the City and not subject to discretion as to each such year, all in accordance with the authorization for contractual commitments set forth in Neb. Rev. Sta�, � 19-2421.