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• Bond used for a Private Business Use shall be used for a Private Business Use related to the <br /> governmental use of the Improvements. <br /> The City shall assure that not in excess of 5% of the proceeds of the Series 2011 <br /> Bond are used, directly or indirectly, to make or finance a loan to persons other than state or <br /> local governmental units. <br /> As used in this Section, "Private Business Use" means use directly or indirectly in <br /> a trade or business carried on by a natural person or in any activity carried on by a person other <br /> than a natural person, excluding, however, use by a state or local governmental unit and use as a <br /> member of the general public. <br /> Section 8. The principal and interest installments shall be prepayable prior to <br /> maturity as provided in the bond form in Section 4 hereof. <br /> Section 9. It is covenanted by the City with the Bondholder and the <br /> Commission that it will faithfully and punctually perform all duties with reference to the Tax <br /> required by the Constitution and laws of the State and by this Ordinance, including, without <br /> limitation, the collection of the Tax and applying the Pledged Revenues to the respective funds <br /> maintained pursuant to this Ordinance. <br /> If there be any default in the payment of the principal of or interest on the Series <br /> • 2011 Bond, or if the City defaults in any 2011 ADFA Bond Fund requirement or in the <br /> performance of any of the other covenants contained in this Ordinance, the Bondholder may, by <br /> proper suit, compel the performance of the duties of the officials of the City under the laws of the <br /> State. No remedy herein conferred upon or reserved to the Bondholder is intended to be <br /> exclusive of any other remedy or remedies herein provided or provided by law, and every such <br /> remedy shall be cumulative and shall be in addition to every other remedy given hereunder or <br /> given by law. No delay or omission of the Bondholder to exercise any right or power accrued <br /> upon any default shall impair any such right or power or shall be construed to be a waiver of any <br /> default or an acquiescence therein; and every power and remedy given by this Ordinance to the <br /> Bondholder may be exercised from time to time and as often as may be deemed expedient. <br /> No waiver of any default shall extend to or affect any other existing or any <br /> subsequent default or defaults or impair any rights or remedies consequent thereon. Any costs of <br /> enforcement of the bonds or of any provision of this Ordinance, including reasonable attorney's <br /> fees, shall be paid by the City. The Authority may enforce all rights and exercise all remedies <br /> available to the Bondholder in the event the Financing Fee is not paid when due. <br /> Section 10. When the Series 2011 Bond has been executed and sealed as <br /> herein provided, it shall be delivered to the Bondholder upon payment of all or a portion of the <br /> purchase price in accordance with the Agreement. <br /> • <br /> 8 <br />