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The City and the Authority have agreed and determined that the Base Rental payments shown in the <br /> Base Rental Payment Schedule set forth in the Lease represent the fair rental value of the Leased Property. In <br /> making such determination, consideration was given to the costs of the Leased Property, the fair market value <br /> thereof, the other obligations of the parties under the Lease, the uses and purposes which may be served by the <br /> Leased Property and the benefits therefrom which will accrue to the City, its residents and the general public. <br /> Each installment of Base Rental and Additional Rent payable hereunder shall be paid in lawful money <br /> of the United States of America to or upon the order of the Authority at the office of the Trustee. To the extent <br /> permitted by law, any such installment of Base Rental or Additional Rental accruing hereunder which shall not <br /> be paid when due shall bear interest at the rate of twelve per cent (12%)per annum, or such maximum lesser <br /> rate of interest as may be permitted by law. All such delinquent installments of Base Rental and the interest <br /> thereon shall be deposited in the Revenue Fund. All such delinquent installments of Additional Rental and <br /> interest thereon shall be paid to the order of the Authority. Notwithstanding any dispute between the Authority, <br /> or the Trustee and the City, the City shall make all rental payments when due hereunder without deduction or <br /> offset of any kind and shall not withhold any rental payments pending the final resolution of such dispute. <br /> Additional Rental <br /> The City will pay to the Authority as Additional Rental such amounts in each year as are required by <br /> the Authority for the payment in full of all costs and expenses incurred by the Authority, and the Trustee in <br /> connection with the execution, performance or enforcement of the Lease or any assignment of the Lease, of the <br /> Indenture and of the lease of the Leased Property to the City, including but not limited to payment of all fees, <br /> costs and expenses and all administrative costs of the Authority and the Trustee in connection with the Leased <br /> Property, the Project, the Lease, the Ground Lease, and the Indenture and all taxes, assessments and <br /> governmental charges of any nature whatsoever levied or imposed by any governmental authority against the <br /> Authority, the Leased Property, the Project, or the rentals and the other payments required to be made by the <br /> City. Such Additional Rental shall be billed to the City by the Authority, or the Trustee from time to time, <br /> together with a statement certifying that the amount so billed has been paid by the Authority, or the Trustee for <br /> one or more of the items above described, or that such amount is then payable by the Authority, or the Trustee <br /> for one or more of such items, and all amounts so billed shall be due and payable by the City within thirty (30) <br /> days after receipt of each bill therefor by the City. <br /> Insurance <br /> The City will procure and maintain or cause to be maintained throughout the term of the Lease for the <br /> Leased Property insurance against the following risks in the following respective amounts: <br /> (1) insurance against loss or damage to the Leased Property or such structure or item of <br /> furniture or equipment caused by fire, lightning, or earthquake, with an extended coverage endorsement <br /> and vandalism and malicious mischief insurance and sprinkler system leakage insurance and boiler <br /> insurance, which such extended coverage insurance shall, as nearly as practicable, cover loss or damage <br /> by explosion, windstorm, riot, aircraft, vehicle damage, smoke and such other hazards as are normally <br /> covered by such insurance; provided that earthquake coverage shall be required with respect to all City <br /> property in the amount of$50,000,000 (subject to the terms set forth in the City's existing policy) or <br /> such greater amount or is commercially reasonable and prudent to obtain; subject, however, to the <br /> requirement in each instance that such earthquake insurance be available from reputable insurers at <br /> commercially reasonable rates. In the event the City is unable to obtain earthquake coverage on any <br /> Leased Property which it previously has maintained, the City will promptly so notify all rating agencies <br /> then rating the Bonds. The insurance required by the Lease will be in an amount equal to the lesser of <br /> (i) the replacement cost (without deduction for depreciation) of improvements located or to be located <br /> on the Leased Property, or (ii) the principal amount of the Outstanding Bonds (except that such <br /> insurance may be subject to deductible clauses of not to exceed five percent (5%) of the amount of any <br /> one loss); <br /> A-19 <br />