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2. SR 05-14-2007
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2. SR 05-14-2007
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1/21/2008 8:36:53 AM
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5/11/2007 2:08:20 PM
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5/14/2007
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<br />Resolution (in addition to the amounts required to be maintained therein) and shaIl deliver to Lessor a <br />Certificate signed by said Independent Engineer setting forth the value of said Equipment and a <br />Certificate signed by the Authorized Lessee Representative stating that the removal of such Equipment <br />will not impair the character or revenue producing significance of the Project; provided that if the original <br />cost of any item of Equipment so removed was less than $50,000, such removal without substitution and <br />such deposit to the Bond Fund may be effected without such determination of value and submission of the <br />Certificate by an Independent Engineer upon such showing by Lessee as may be satisfactory to Lessor; <br />provided no transfer of ownership or use of Equipment with any remaining useful life shaIl be made prior <br />to the Maturity Date unless an opinion of Bond Counsel is first obtained stating that such transfer or use <br />will not cause interest on the Bonds to be included in gross income for federal income tax purposes. <br /> <br />In the event any removal of Equipment or Lessee Equipment causes damage to the Project, <br />Lessee shaIl restore or repair such damage at its expense. Lessor shaIl execute and deliver such releases <br />or other documents (if any) as Lessee may properly request in connection with any action taken by Lessee <br />in conformity with this Article IX. The removal from the Project of any portion of Equipment pursuant to <br />the provisions of this Article shaIl not entitle Lessee to any abatement or diminution of Basic Rent <br />subsequently due. <br /> <br />24 <br />
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