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Section 12.03. AGREEMENT EFFECTIVE UPON VALIDATION.
This AgreeTM~~`_ shall not become effective and shall be of no
force and effect, unless and until it shall be found and ;
de~ermined by the Circuit Court in bond validation proceeding ;
that the Issuer has full power and authority to enter into f
and execute this Aqreement and that each and every provision
herein contained is valid and subsisting. .
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Section 12.04. DISPOSITION OF REMAINING MONEYS. ;
It is agreed by the parties hereto that any amounts remaining ~
in the Bond Fund, upon performance of this Agreement by the
Company, including payment in full of the Bonds in accordance
with the Resolution, and provided there are no Concurrent Parity
Bonds outstanding, shall belong to and be paid to the Company
by the Trustee as soon as practicable, but in no event lonqer
than ten (10) days after such performance, as overpayment upon
the purchase price of the Project.
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Section I2.05. MODIFICATION ONLY WITH C~NSENT OF '
TRUSTEE. Except as otherwise provided in this Agreement or
in the ResoZution, subsec~uent to the initial issuance of the ~
. Bonds and prior to their payment~in full this Agreement may
not be effectively amended, changed, modified, altered or
terminated without the concurring written consent of the Trustee.
Section 12.06. AGREEMENT IN SEVERAL COUNTERPARTS.
This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original and all of
which shall constitute but one and the same instrument.
Section 12.07. APPLICABLE LAW. This Agreement shall
be construed and enforced according to the laws of Florida.
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Section 12.08. SEVERABILITY OF PROVISIONS. If any {
one or more of the covenants, agreements or provisions herein
contained shall be held contrary to any express provision
of Iaw or contrary to the policy of express law, though not -
expressly prohibited, or against public policy, or shall for
any reason whatsoever be invalid, then such covenants, agree-
ments or provisons shall be null and void and shall be deemed
separable from the remaining covenants, agreements or provisons
and shall in no way effect the validity of any of the other
provisions hereof.
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Section 12.09. ADVANCEMENT OF COSTS. Prior to the
filing or recording of any docwnents contemplated in connection
! herewith, Trustee may advance funds to pay any-necessary closing
~ costs including without limitation Florida documentary stamp taxes
~ and intangible taxes and recording costs. If for any reason
the sale of the Bonds is not completed, Company agrees to
~ reimburse Trustee for all such disbursements.
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' IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed in their respective corporate
names and their respective corporate seals to be hereunto
a€fixed and attested, by their duly authorized officers all
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