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shall control. For purposes of this paragraph, "Insurer Default" means: (A)the Insurer has failed to make any payment under the Insurance Policy when due and owing in accordance with its terms; or(B)the Insurer shall (i)voluntarily commence any proceeding or file any petition seeking relief under the United States Bankruptcy Code or any other Federal, state or foreign bankruptcy, insolvency or similar law, (ii) consent to the institution-of or fail to controvert in a timely and appropriate manner,any such proceeding or the filing_ of any such petition,(iii)apply for or consent to the appointment of a receiver, trustee, custodian, sequestrator or similar official for such party or for a substantial part of its property, (iv) file an answer admitting the material allegations of a petition filed against it in any such proceeding, (v) make a general assignment for the benefit of creditors, or (vi) take action for the purpose of effecting any of the foregoing; or (C) any state or federal agency or instrumentality shall order the suspension of payments on the Insurance Policy or shall obtain an order or grant approval for the rehabilitation, liquidation, conservation or dissolution of the Insurer (including without limitation under the New York Insurance Law). (j) The Insurer is recognized as and shall be deemed to be a third party beneficiary of this Ordinance and may enforce the provisions of this Ordinance. (k) No grace period shall be permitted for payment defaults on the bonds. No grace period for a covenant default shall exceed 30 days without the,prior written consent of the Insurer. Section 25. The Disclosure Agreement, in substantially the form submitted to this meeting, is approved, and the Mayor is hereby authorized and directed to execute and deliver the Disclosure Agreement for and on behalf of the City. The Mayor is authorized and directed to take all action required on the part of the City to fulfill the City's obligations under the Disclosure Agreement. Any legal fees and other administrative costs incurred by the City in connection with making the annual report pursuant to the Disclosure Agreement (except audit fees) shall be considered administrative charges that may be payable from moneys in the Bond Fund. Section 26. The Mayor is hereby authorized and directed to work with Friday, Eldredge & Clark, LLP, as bond counsel, to review and revise, as needed, its written procedures, to monitor compliance with federal tax requirements with respect to tax-exempt obligations of the City. Section 27. All moneys in the bond fund and debt service reserve being maintained in connection with the Bonds Refunded shall (a) be used to accomplish the Refunding or(b) be deposited into the Bond Fund, all in accordance with the Delivery Instructions. Section 28. The provisions of this Ordinance are separable and in the event that any section or part hereof shall be held to be invalid, such invalidity shall not affect the remainder of this Ordinance. Section 29, All ordinances and resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. 33