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765
CITY-OF-BATESVILLE
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against the basic rent obligations as the same become due and payable under <br />Section 203, beginning with the first installment of basic rent thereafter, and <br />Lessee shall not be required to pay any basic rent thereafter e=ept when and to <br />the extent basic rent has become due and payable in excess of such credit. <br />The total amount collected under any and all policies of insurance <br />covering such damage or destruction shall be placed in a special fund and the <br />same may be invested in any investments in which the Trustee may invest amounts <br />in the Construction Fund under the Trust Indenture. Such investments shall be <br />made by the Trustee as directed and designated by the Lessee. <br />Section 1302. Lessee's obligation to make payment of the basic <br />rent and all other covenants on the part of Lessee to be performed shall not be <br />affected by any such destruction or damage, and Lessee hereby waives the pro- <br />visions of any statute or law now or hereafter in effect contrary to such obliga- <br />tion of Lessee as herein set forth, or which releases Lessee therefrom. <br />Section 1303. Notwithstanding the provisions of the foregoing <br />sections of this Article XIII, Lessee shall not be required to repair, restore, <br />replace or rebuild the leased premises, or any part thereof, (a) if Lessee, <br />pursuant to the provisions of Article XIX, shall elect to purchase the leased <br />premises and shall proceed to pay the specified purchase price or (b) if the full <br />amount necessary under the provisions of the Trust Indenture to pay or redeem <br />all outstanding bonds shall have been paid and Lessee has not elected to <br />purchase the leased premises. If Lessee shall so elect to purchase, the proceeds <br />of all insurance may be used as part of the purchase price and upon the request <br />of Lessee shall be so applied. If there be any excess insurance proceeds over <br />and above the amount necessary to pay the purchase price, such excess shall be <br />paid to and shall belong to the Lessee. If Lessee shall have paid the full amount <br />necessary to pay or redeem all outstanding bonds, any insurance proceeds shall <br />be paid to and shall belong to Lessee. <br />
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