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05-11-2015 Council Packet
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05-11-2015 Council Packet
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10/8/2015 12:50:55 PM
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City Council
Council Document Type
Council Packet
Meeting Date
05/11/2015
Council Meeting Type
Regular
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ARTICLE IX <br />Assignment, Subleasing, Indemnification, <br />Mortgaging and Selling <br />Section 9.1. Assignment by Authority. Except as expressly provided in this Section, the Authority's <br />rights and obligations under this Lease, including the right to receive and enforce payment of the Lease <br />Payments and Additional Lease Payments to be made by the City under this Lease and its interest in the Site <br />and the Facilities, shall not be assigned, pledged, mortgaged or transferred, in whole or in part. The rights <br />and obligations of the Authority may be transferred and assigned to any legal successor to the functions of the <br />Authority. <br />Section 9.2. Assignment and Subleasing by the City. The rights and obligations of the City under <br />this Lease may not be assigned by the City without the written consent of the Authority. The City may <br />sublease the Facilities, or any portion thereof, to any other entity, provided that the City furnishes to the <br />Authority an Opinion of Counsel, who is nationally recognized bond counsel, that such sublease will not <br />adversely affect the validity of the Outstanding Bonds or the exemption of the interest thereon from federal <br />income taxation. <br />Section 9.3. Restriction on Mortgage or Sale by the City. Without the prior written consent of the <br />Authority, the City will not mortgage, sell, assign, transfer or convey the Site or the Facilities or any portion <br />thereof during the Term of Lease. <br />460515v2 JAE LN140-112 <br />(The remainder of this page is intentionally left blank.) <br />23 <br />
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