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Series 1994A
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Vol. 1- City of Santa Ana Financing Authority (Police Admin. and Holding Facility)
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Series 1994A
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as they become due under the Lease. The Authority will not do or permit anything to be <br /> done, or omit or refrain from doing anything, in any case where any such act done or <br /> permitted to be done, or any such omission of or refraining from action, would or might be <br /> a ground for cancellation or termination of the Lease by the lessee thereunder or the <br /> Ground Lease by the lessor thereunder. <br /> SECTION 6.09. Other Liens. The Authority will keep, or cause to be <br /> kept, the Leased Property free from judgments, mechanics' and materialmen's liens (except <br /> those arising from the acquisition, construction and installation of the Project) and free from <br /> all liens, claims, demands and encumbrances of whatsoever prior nature or character to the <br /> end that the security for the Bonds provided herein will at all times be maintained and <br /> preserved free from any claim or liability that might hamper the Authority in conducting its <br /> business or interfere with the City's operation of the Leased Property, and the Trustee at its <br /> option (after first giving the Authority ten (10) days' written notice to comply therewith and <br /> failure of the Authority to so comply within such period) may defend against any and all <br /> actions or proceedings in which the validity hereof is or might be questioned, or may pay <br /> or compromise any claim or demand asserted in any such action or proceeding; provided, <br /> however, that in defending such actions or proceedings or in paying or compromising such <br /> claims or demands the Trustee shall not in any event be deemed to have waived or released <br /> the Authority from liability for or on account of any of its agreements and covenants <br /> contained herein, or from its liability hereunder to defend the validity hereof and the pledge <br /> of the Revenues made herein and to perform such agreements and covenants. <br /> SECTION 6.10. Prosecution and Defense of Suits. The Authority will <br /> promptly from time to time take or cause to be taken such action as may be necessary or <br /> proper to remedy or cure any defect in or cloud upon the title to the Leased Property, <br /> whether now existing or hereafter developing, and shall prosecute or cause to be prosecuted <br /> all such suits, actions and other proceedings as may be appropriate for such purpose and <br /> shall indemnify and hold the Trustee harmless from all loss, cost, damage and expense, <br /> including attorney's fees, which it may incur by reason of any such defect, cloud, suit, <br /> action or proceeding. <br /> The Authority will defend against every suit, action or proceeding at any <br /> time brought against the Trustee upon any claim arising out of the receipt, application or <br /> disbursement of any of the Revenues or involving the rights of the Trustee hereunder; <br /> provided that the Trustee at its election may appear in and defend any such suit, action or <br /> proceeding. <br /> SECTION 6.11. Further Assurances. Whenever and so often as requested <br /> to do so by the Trustee, the Authority will promptly execute and deliver or cause to be <br /> executed and delivered all such other and further assurances, documents or instruments, and <br /> promptly do or cause to be done all such other and further things as may be necessary or <br /> reasonably required in order to further and more fully vest in the Owners all rights, <br /> interests, powers, benefits, privileges and advantages conferred or intended to be conferred <br /> upon them hereby. <br /> LA1-63221.5 44 <br />
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