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6.3. SR 05-07-2007
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6.3. SR 05-07-2007
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<br />ARTICLE III <br /> <br />RENTAL PAYMENTS AND TERM <br /> <br />Section 3.01. Basic Rent. On or before January 15, 2008, and semiannually thereafter on or <br />before each January 15 and July 15 through the Maturity Date (each a "Lease Payment Date"), Lessee <br />shall pay in immediately available funds: (i) one-third of the amount payable as interest on the Bonds on <br />the following February 1 or August 1 semiannual interest payment date (less any amount allocated as <br />capitalized interest pursuant to the Bond Resolution), after application of any Landfill Grant proceeds <br />made on such interest payment date in accordance with Section 2.01(h) hereof; plus (ii) one-third of the <br />amount, if any, payable as principal of the Bonds due on such semiannual interest payment date (whether <br />at maturity or by call for redemption) plus any premium due on the Bonds on such date, after application <br />of any Landfill Grant proceeds made on such interest payment date in accordance with Section 2.01(h) <br />hereof Collectively, such payments are referred to as "Basic Rent". From and after the Maturity Date, <br />the Basic Rent shall be $1.00 per year, payable on or before January 1 first following the Maturity Date <br />and each January 1 thereafter through the Lease Term. <br /> <br />Section 3.02. Additional Rent. During the Lease Term, Lessee shall also payor cause to be paid <br />the following amounts (the "Additional Rent"): <br /> <br />(a) Until the Maturity Date, one third of all fees, charges and expenses, including agent and <br />counsel fees, of any paying agent incurred under the Bond Resolution, as and when the same become due. <br /> <br />(b) Until the Maturity Date, one third of all costs incident to the payment of the principal of, <br />premium, if any, and interest on the Bonds as the same become due and payable, including redemption <br />premiums, if any, and all other costs and expenses in connection with the call, redemption and payment of <br />the Bonds. <br /> <br />(c) Until the Maturity Date, one third of all payments required by the rebate covenants under <br />the Tax Exemption Agreement, including without limitation any fees payable to consultants retained to <br />analyze rebate requirements. <br /> <br />(d) An amount sufficient to reimburse Lessor for all expenses reasonably incurred by Lessor <br />hereunder and in connection with the performance of Lessor's obligations under this Lease or the Bond <br />Resolution. <br /> <br />(e) All expenses incurred in connection with the enforcement of any rights under this Lease <br />by the Authority or the City. <br /> <br />(t) All costs of insurance payable by Lessee under Section 7.01 hereof. <br /> <br />(g) All other payments of whatever nature which Lessee has agreed to payor assume under <br />the provisions of this Lease. <br /> <br />Section 3.03. Interest on Unoaid Rent. In the event Lessee shall fail to make any payment of <br />Basic Rent or Additional Rent under Section 3.01 or 3.02, the item or installinent so in default shall <br />continue as an obligation of Lessee until the amount in default shall have been fully paid, and Lessee <br />agrees to pay interest on any delinquent Basic Rent or Additional Rent at a rate of interest equal to the <br />yield on the Bonds. <br /> <br />9 <br />
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