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(D) Any moneys held by the Trustee under the provisions
of this Section may, at the written request of the Company be
invested or reinvested by the Trustee as specified by the .
Company in such request in such investments as are authorized
for investment of Bond or Construction Fund moneys pursuant
to the provisions of Section 15 of the Resolution, maturing
not later than the date or dates specified in writing by the
Consultant that such moneys shall be needed for th~ purposes
herein provided. Any earnings or profits on such investments
shall be considered as part of the insurance proceeds and the~~_ ~
amount of any~losses on such investments shall be forthwith
reimbursed to the Trustee by the Company.
Section 5.02. OBLIGATION IN EVENT OF CONDEMNATION.
So long as any Bohds remain outstanding under the terms of
the Resolution, if title to the Mortgaged Property or the
Project or any part thereof shall ti~e taken under the exercise
of the.power of eminent domain by any governmental body or ~
by any person, firm or corporation acting under governmental
authority, the Company shall be obligated to continue to .
~ make the payments upon the purchase price as specified in
Section 3.03 hereof. If no default is continuing hereunder, _
the proceeds derived from any such condemnation which shall be
received by the Trustee, to whom the Issuer and the Company
do hereby assign their respective interests in any award
made in eminent domain proceedings with respect to any part
of the Mortgaged Property or the Project, including the land
described in Exhibit A and any other land which may be added
subsequently to the Mortgaged Property or the Project, shall be
applied by the Trustee in one or more of the following ways
as shall be directed in writing by the Company.
(A) To the restoration of .the Mortgaged Property and
the Project to substantially the same condition as they existed
prior to the exercise of the said power of eminent domain. In
the event such condemnation proceeds shall be insufficient to
pay in full the costs of such restoration, the Company will
nonetheless complete the work thereof and pay fror.? its own funds
the amount necessary for such completion, and the Company shall
furnish to the Trustee a certificate of the Consultant stating
that the Mortgaged Property and the Project have been restored
to a condition substantially equivalent to its condition prior
to the taking by such condemnation proceedings.
(B) To the acquisition, by construction or otherwise,
of land and improvements fully adequate for the Company's
operations at the Mortgaged Property and the Project (which
land and improvements shall be made a part of the Mortgaged
Property to the same extent as if such land and improvements
were specifically described herein and subject to this Agreement
and the Mortgage and which shall be avaiZabZe for use and
occupancy by the Company without payment or expense other than
herein provided); provided, that such land and improvements
shall be acquired subject to no liens or encumbrances other
than permitted encumbrances, and the Company shall furnish .
to the Trustee a certificate of the Consultant stating that
the Mortgaged Property and the Project have been restored to
a condition substantially equivalent to its condition prior to
the taking by such condemnation proceedings.
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