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05-11-2015 EDA Packet
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05-11-2015 EDA Packet
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EDA
EDA Document Type
EDA Packet
Meeting Date
05/11/2015
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replacement of the Site and the Facilities by the City, or, if the City elects not to repair or rebuild, all Net <br />Proceeds shall be applied to prepay the Lease Payments and Additional Lease Payments; in either event all <br />Net Proceeds not needed for the purpose shall belong to the City. <br /> <br /> Section 7.8. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost <br />of any repair, restoration, modification, improvement or replacement of the Site and the Facilities, the City <br />shall either: (a) complete the work and pay any cost in excess of the amount of the Net Proceeds, and the City <br />agrees that if by reason of any such insufficiency of the Net Proceeds, the City shall make any payments <br />pursuant to the provisions of this Section 7.8, the City shall not be entitled to any reimbursement therefor <br />from the Authority nor shall the City be entitled to any diminution of the Lease Payments or Additional Lease <br />Payments due with respect to the Facilities; or (b) prepay the Lease Payments and Additional Lease <br />Payments, in which event the Net Proceeds shall be used for this purpose. If the City elects not to repair, <br />rebuild or restore, the City shall prepay or discharge the Lease Payments and Additional Lease Payments to <br />the full extent of the Net Proceeds. <br /> <br /> Section 7.9. Cooperation of Authority. The Authority shall cooperate fully with the City at the <br />expense of the City in filing any proof of loss with respect to any insurance policy covering the casualties <br />described in Section 7.7 hereof and in the prosecution or defense of any prospective or pending condemnation <br />proceeding with respect to the Site or the Facilities or any part thereof and will, to the extent it may lawfully <br />do so, permit the City to litigate in any proceeding resulting therefrom in the name of and on behalf of the <br />Authority. In no event will the Authority voluntarily settle, or consent to the settlement of, any proceeding <br />arising out of any insurance claim or any prospective or pending condemnation proceeding with respect to the <br />Site or the Facilities or any part thereof without the written consent of the City. <br /> <br /> <br /> <br /> <br />(The remainder of this page is intentionally left blank.) <br /> <br />460515v1 JAE LN140-112 21
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