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and the Trustee will cooperate with the Company in any such
contest, provided that the contest is not adverse to the interests
~ of the Issuer or the Trustee, and further provided that the
Company shall advance all costs and expenses reasonably expected
to be incurred by the Trustee or the Issuer against any risk, ~
claims or liabilities arising out of any such efforts.
The Issuer and the Trustee agree that any tax credits
or tax deductions to which the Company may be entitled under ~
the Internal Revenue Code or any applicable rules or regulations ;
of the Internal Revenue Service with respect to any part of ~
the Mortgaged Property or the Project shall be made avaiZable to f
the Company, and the Issuer and Trustee will cooperate i
with the Company in any effort by the Company to avail itself f
of any such tax credits or tax deductions, but neither the
Issuer nor the Trustee shall have any responsibility or
liability for the Company's failure to receive any such tax
credits or deductions.
Section 4.06. ENFORCEMENT BY ISSUER A.~D TRUSTEE.
In the event the Company shall fail to (A) keep the Mortgaged
Property and the Project in as reasonably safe conditions as '
its operating conditions will permit or keep tAe equipment in
good repair and good operating condition,_ (B) pay or cause to
be satisfied and discharged or removed any mechanics' or other
liens filed or established against the Mortgaged Property or
the Project, (C) pay any lawful taxes, assessments or other
governmenta~ or utility charges, or (D) maintain the required
insurance or provide evidence of renewal of such insurance
thirty (30) days before expiration thereof, the Issuer or
the Trustee may (but shall be nnder no obligation to) take
such action as may be necessary to cure such failure, including ,
the advancement of amounts of money, and all amounts so advanced
therefor by the Issuer or the Trustee shall become an additional '
obligation of the Company to the one making the advance, which
amounts together with interest thereon at the same rate
as that applicable to the Bonds, from the respective dates
of the making of such advances, the Company agrees to pay on
demand, and which obligations shall be secured by the Mortgage
and have priority over the Bonds and the Concurrent Parity
- Bonds.
Section 4.07. RELEASE AND INDEMNIFICATION COVENANTS.
The Company releases the Trustee, the Issuer, the Board of
County Commissioners of the Issuer and each.individual member
thereof from and covenants and agrees that the Trustee, the
Issuer, the Board of County Commissioners of the Issuer, and
; each individual member thereof shall not be liable for, and
the Company agrees to indemnify and hold the Trustee, the
~ Issuer, the Board of County Commissioners of the Issuer and
each individual member thereof harmless against, any liability,
loss or damage to property or any injury to or death of any
person occurring on or about, or resulting fro~t the construction
or operation of the Project or the Mortgaged Property or the
use thereof or any defect in, the Mortgaged Property, the
buildings, the equipment or the other improvements on the
Mortgaged Property, provided, that the inder.inity pxovided
in this sentence shall be effective only to the extent of
any loss that may be sustained by the Trustee, the Issuer,
the Board of County Commissioners of the Issuer and each individual
member thereof in excess of the Net Proceeds received from
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