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2008-11-01
CITY-OF-BATESVILLE
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2008-11-01
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• Section 3.5. Termination of Construction or Qperation. Anything in this Lease Agreement <br /> to the contrary notwithstanding, the Company shall have the right at any time to terminate the <br /> acquisition, construction, equipment or operation of the Project or change the scope of the Project <br /> or any part thereof, if the Company shall have determined that the continued acquisition, <br /> construction and equipment or operation ofthe Project is impracticable,uneconomical or undesirable <br /> for any reason. Promptly after such termination, the Company shall submit to the Issuer and the <br /> Trustee a certificate,executed by a Company Representative,which shall state that the Project Costs, <br /> to the extent of the acquisition, construction, equipment and operation of the Project as of the date <br /> of such termination,have been paid, except for any Project Costs which have been incurred but are <br /> not then due and payable,or the liability for the payment of which is being contested or disputed by <br /> the Company. Notwithstanding the foregoing, such certificate may state that it is given without <br /> prejudice to any rights against third parties which exist at the date thereof or which may subsequently <br /> come into being. After such termination,title to the Project shall promptly,and in no event later than <br /> ten (10) days following such termination, be transferred to the Company in the same manner as <br /> provided in Section 10.4 hereof. <br /> • <br /> 10 <br />
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