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be enforced by the holders of the Bonds and by the Trustee to the <br /> extent and by the procedures set forth in the Authorizing Ordinance <br /> for enforcement of the obligations of the County under the <br /> Authorizing Ordinance. <br /> (d) The City represents and covenants that (1) not in excess <br /> of five percent (5%) of the City's Minimum Payment Obligation is, <br /> directly or indirectly, secured or payable from revenues derived <br /> from contracts with users of the City System and that at least 95% <br /> of such revenues are derived from use by users as members of the <br /> general public. <br /> (e) Any failure of the City or the County to perform any <br /> covenant or obligation set forth herein shall, upon ten days' <br /> written notice (by first class mail addressed to or by personal <br /> delivery to the Mayor of the City or the County Judge of the <br /> County) constitute an Event of Default hereunder and, upon the <br /> occurrence of any Event of Default, the aggrieved party (or the <br /> Trustees of the holders of the Bonds as set forth in paragraph (c) <br /> above) may seek any remedy available at law or in equity, <br /> including, without limitation, suit for damages, specific <br /> performance, mandamus and termination of services; provided <br /> however, nothing set forth herein shall be interpreted to relieve <br /> the City of its obligation to make timely payment of the Minimum <br /> Payment Obligation. <br /> (f) Nothing set forth herein shall be interpreted to restrict <br /> the City in the expansion or improvement of the City System. <br /> Any unresolvable discrepancies or disagreements <br /> concerning annual Transfer Station fees will be submitted to the <br /> Independence County Judge and Mayor of Batesville for resolution; <br /> provided, however, that the City's Minimum Payment Obligation shall <br /> never be reduced or forgiven. <br /> GENERAL CONDITIONS <br /> Independence County and the City of Batesville each binds <br /> itself and its successors, agents, and assigns to the other party <br /> of this Agreement; and to the successors, agents, and assigns of <br /> the other party in respect to all covenants of this Agreement. <br /> Independence County and the City of Batesville will use <br /> reasonable care and due diligence in the operation their respective <br /> equipment and facilities. <br /> • <br />