Item 9 Preliminary Official Statment Dated February 25, 1994

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Neither the City nor the Authority shall be in default in the performance of any of its obligations under the Lease (except for the obligation to pay Base Rental pursuant to the Lease) unless and until it shall have failed to perform such obligation within thirty (30) days after notice by the City or the Authority, as the case may be, to the other party properly specifying wherein it has failed to perform such obligation. Prepayment The City may prepay, from Net Proceeds received by it pursuant to the Lease, all or any portion of the components of Base Rental relating to any portion of the Leased Property then unpaid, in whole on any date, or in part on any Interest Payment Date in integral multiples of five thousand dollars ($5,000) so that the aggregate annual amounts of principal components of Base Rental payments which shall be payable after such prepayment date shall each be in an integral multiple of five thousand dollars ($5,000)and shall be as nearly proportional as practicable to the aggregate annual amounts of principal components of Base Rental Payments, with respect to the portion of the Teased Property so prepaid. The City may prepay, from any source of available funds, all or any portion of the principal components of Base Rental then unpaid, in whole on any date on or after July 1, 2003, or in part in integral multiples of five thousand dollars ($5,000) on any Interest Payment Date on or after July 1, 2003, in the order of principal payment dates determined by the City at a prepayment price equal to the sum of the principal components prepaid plus accrued interest thereon to the date of prepayment plus a prepayment premium equal to a percentage of the equal principal amount thereof, in accordance with the following schedule: Prepayment Dates Prepayment Premium July 1, 2003 to June 30, 2004 102% July 1, 2004 to June 30, 2005 101 July 1, 2005 and thereafter 100 Before making any prepayment pursuant to the Lease, at least forty-five(45) days before the prepayment date the City shall give written notice to the Authority and the Trustee describing such event, specifying the order of principal payment dates and specifying the date on which the prepayment will be made, which date shall be not less than thirty (30) nor more than sixty (60) days from the date such written notice is given to the Authority and the Trustee. Miscellaneous Provisions Maintenance. Throughout the term of the Lease, as part of the consideration for rental of the Teased Property, all improvement, repair and maintenance of the Leased Property will be the responsibility of the City, and the City will pay for or otherwise arrange for the payment of all utility services supplied to the Leased Property, and will pay for or otherwise arrange for payment of the cost of the repair and replacement of the Leased Property resulting from ordinary wear and tear or want of care on the part of the City or any assignee or sublessee thereof. The City agrees that, at all times during the term of the Lease, it will, at its own cost and expense, maintain, preserve and keep the IPased Property and every portion thereof in good repair, working order and condition and that it will from time to time make or cause to be made all necessary and proper repairs, replacements and renewals. The Authority shall have no responsibility in any of these matters or for the making of additions or improvements to the Leased Property. Liens. In the event the City shall at any time during the term of the Lease cause any improvements, including, without limitation, the Project, to the Lease Property to be constructed or materials to be supplied in or upon or attached to the Leased Property, the City shall pay or cause to be paid when due all sums of money that may become due or purporting to be due for any labor, services, materials, supplies or equipment furnished A-23