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04-14-2021 Council Packet
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04-14-2021 Council Packet
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13068487v2 <br /> <br /> <br /> 22 <br /> <br />Section 5.06 Installation of Equipment. The Corporation may, from time to time in its <br />discretion and at its own cost and expense, install or place other equipment and tangible personal <br />property in the Project Buildings and on the Land, subject to the lien of the Mortgage. In the event <br />that a lessor, vendor or purchase money lender is entitled to and does remove any equipment or <br />other property, any damage resulting to the Project Facilities therefrom shall be repaired and the <br />Project Facilities restored to their previous condition at the sole expense of the party effecting such <br />removal or at the sole expense of the Corporation. Nothing in this Section 5.06 shall prevent the <br />Corporation from entering into installment sale contracts or leases subsequent to the date hereof <br />for the purchase or installation of personal property to be added to the Project Facilities. <br />Section 5.07 Removal of Project Equipment. If no Default exists, the Corporation shall <br />have the right to have Project Equipment removed from the Project Facilities released from the <br />lien of the Mortgage, as follows: <br />(a) The Corporation shall have the privilege from time to time of substituting <br />equipment and related property for any Project Equipment, provided that the effect of such <br />substitution shall not be to impair the character or revenue producing significance of the <br />Project Facilities. Any such substituted property shall become Project Equipment subject <br />to the lien of the Mortgage in place of the replaced equipment. <br />(b) The Corporation shall also have the privilege of removing any Project <br />Equipment without substitution therefor provided that the Corporation pay a sum equal to <br />the then value of said Project Equipment as determined by an Independent Engineer or <br />Independent appraiser selected by the Corporation if and so long as any of the Bonds <br />remain outstanding. The Corporation shall pay such amounts to the Trustee for deposit in <br />the Optional Redemption Fund (in addition to any other amounts required therein) or the <br />Reserve Fund, as directed by the Authorized Corporation Representative, and shall deliver <br />to the Trustee a Certificate signed by said Independent Engineer or Independent appraiser <br />selected by the Corporation setting forth the value of said Project Equipment and a <br />Certificate signed by the Authorized Corporation Representative stating that the removal <br />of such equipment will not impair the character or revenue producing significance of the <br />Project Facilities, provided that if the then current value of any item of equipment so <br />removed is less than $75,000, such removal without substitution and such deposit may be <br />effected without such deposit and without such determination of value and Certificate by <br />an Independent Engineer or Independent appraiser selected by the Corporation, upon <br />delivery to the Trustee of a certification by an Authorized Corporation Representative that <br />the value of such item of equipment is less than $75,000. <br />In the event any removal of equipment under this Section causes damage to buildings, the <br />Corporation shall restore or repair such damage at its expense. The Trustee shall execute and <br />deliver as provided in the Indenture such releases or other documents (if any) as the Corporation <br />may properly request in connection with any action taken by the Corporation in conformity with <br />this Section. The removal from the Project Facilities of any portion of equipment pursuant to the <br />provisions of this Section shall not entitle the Corporation to any abatement or diminution of Loan <br />Repayments subsequently due.
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