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�0�106937 <br />8) failure of consideration, failure of title or commercial frustration; <br />9) any change in the tax or other laws of the United States or of any <br />state or other governmental authority; or <br />10) the appointment of a receiver for the City or the Heartland for all or <br />any part of the assets of either. <br />Section VIII. Payment for Rebates to the United States. In addition to the additional <br />payments provided for in paragraph S.b. of the Original Lease Purchase Agreement, the City <br />agrees that it will make payment, as an additional payment due under the Agreement, of all <br />amounts due to the Rebate Fund under the Indenture in order for the Refunding Bonds to comply <br />with the requirements of Section 148( fl of the Code. <br />Section IX. Confirmation of Terms of Lease Purchase Agreement. Except as <br />specifically modified by this Third Addendum to Lease Purchase Agreement, all other terms and <br />provision of the Existing Lease Purchase Agreement previously executed by and between the <br />City and Heartland shall remain in full force and effect. <br />Section X. Agreement as to Articles and Bylaws. In accordance with the provisions of <br />Section III of the Second Addendum, Heartland hereby agrees that it will not amend its Articles <br />of Incorporation or Bylaws without the written consent of the City during term of the Existing <br />Lease Purchase Agreement as Amended by this Third Addendum. <br />0 <br />