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<br />address as is furnished in writing by such owner to the Paying Agent. The City shall notify <br />the Paying Agent of any intended redemption not less than 45 days prior to the redemption <br />date. <br /> <br />Section 5. Form of Registered Bond. <br /> <br />The Bond shall be in substantially the form attached hereto as Exhibit A, with such changes as <br />the City Official may approve. <br /> <br />Section 6. Maintenance of Tax-Exempt Status. <br /> <br />The City covenants for the benefit of the owners of the Bonds to comply with all provisions of <br />the Internal Revenue Code of 1986, as amended (the "Code") which are required for Bond <br />interest to be excluded from gross income for federal income tax purposes. The City makes the <br />following specific covenants with respect to the Code: <br /> <br />6.1. The City shall not take any action or omit any action, if it would cause the Bonds to <br />become "arbitrage bonds" under Section 148 of the Code and shall pay any rebates or <br />penalties to the United States which are required by Section 148(f) of the Code. <br /> <br />6.2. The City shall operate the facilities financed with the Bonds so that the Bonds are not <br />"private activity bonds" within the meaning of Section 141 of the Code. <br /> <br />The covenants contained in this Section and any covenants in the closing documents for the <br />Bonds shall constitute contracts with the owners of the Bonds, and shall be enforceable by them. <br /> <br />Section 7. Defeasance. <br /> <br />The City may defease all or any portion of the Bonds by setting aside, with a duly appointed <br />escrow agent, in a special escrow account irrevocably pledged to the payment of the Bonds to be <br />defeased, cash or direct obligations of the United States in an amount which, in the opinion of a <br />certified public accountant satisfactory to the escrow agent, without reinvestment, is at least <br />equal to the principal amount of the Bonds to be defeased, plus interest which will accrue thereon <br />until maturity or any earlier date for which the issuer has given irrevocable instructions for <br />redemption. Such Bonds shall be deemed paid, and shall cease to be entitled to any lien, benefit <br />or security under this Bond Resolution except the right to receive payment from such special <br />escrow account; such Bonds shall not for any purpose of this Bond Resolution be deemed <br />outstanding. <br /> <br />Page 3 - Resolution <br />