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Item 10
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Vol. 1- City of Santa Ana Financing Authority (Police Admin. and Holding Facility)
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Item 10
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no obligation to) purchase the required policies of insurance and pay the premiums on the same or may make <br /> such repairs or replacements as are necessary and provide for payment thereof; and all amounts so advanced <br /> therefor by the Authority shall become Additional Rental, which amounts the City agrees to pay within thirty <br /> (30) days of a written request therefor, together with interest thereon at the maximum rate allowed by law. <br /> The City will deliver or cause to be delivered to the Trustee on the Closing Date a <br /> CLTA leasehold owner's policy or policies, or a commitment for such policy or policies, with respect to the <br /> Leased Property with liability in the aggregate amount equal to the principal amount of the Bonds. Such policy <br /> or policies, when issued, shall name the Trustee as the insured and shall insure the leasehold estate of the City <br /> in the Leased Property subject only to such exceptions as do not materially affected the City's right to the use <br /> and occupancy of the Leased Property. The City may not self insure for title insurance. <br /> Defaults and Remedies <br /> The following events are "events of default" under the Lease: <br /> (i) The City shall fail to deposit with the Trustee any Base Rental payment required to be <br /> so deposited by the close of business on the day such deposit is required under the Lease, provided, <br /> that any Base Rental payments abated pursuant to the Lease shall not constitute an event of default; <br /> (ii) the City shall fail to pay any item of Additional Rental as and when the same shall <br /> become due and payable pursuant to the Lease; or <br /> (iii) the City shall breach any other terms, covenants or conditions contained in the Lease, <br /> and shall fail to remedy any such breach with all reasonable dispatch within a period of thirty (30) days <br /> after written notice thereof from the Authority to the City; provided, however, that if the failure stated <br /> in the notice cannot be corrected within such period, then the Authority shall not unreasonably withhold <br /> its consent to an extension of such time if corrective action is instituted by the City within such period <br /> and is diligently pursued until the default is corrected. <br /> In addition to any default resulting from breach by the City of any agreement, condition, covenant or <br /> term of the Lease, if(1) the City's interest in the Lease or any part thereof be assigned, sublet or transferred <br /> without the written consent of the Authority, either voluntarily or by operation of law; or (2) the City or any <br /> assignee shall file any petition or institute any proceedings under any act or acts, state or federal, dealing with <br /> or relating to the subject of bankruptcy or insolvency or under any amendment of such act or acts, either as a <br /> bankrupt or as an insolvent or as a debtor or in any similar capacity, wherein or whereby the City asks or seeks <br /> or prays to be adjudicated a bankrupt, or is to be discharged from any or all of its debts or obligations, or <br /> offers to its creditors to effect a composition or extension of time to pay its debts, or asks, seeks or prays for a <br /> reorganization or to effect a plan of reorganization or for a readjustment of its debts or for any other similar <br /> relief, or if the City shall make a general or any assignment for the benefit of its creditors; or (3) the City shall <br /> abandon or vacate the Leased Property or any portion thereof; then in each and every such case the City shall <br /> be deemed to be in default under the Lease. <br /> Upon the happening of any of the events specified above (in either case an "Event of Default"), then it <br /> shall be lawful for the Authority to exercise any and all remedies available or granted to it pursuant to law or <br /> under the Lease. Upon the breach of any agreement, condition, covenant or term contained in the Lease <br /> required to be observed or performed by the City, the Authority may exercise any and all rights of entry upon <br /> or repossession of the Leased Property, and also, at its option, with or without such entry, may terminate the <br /> Lease; provided, that no termination shall be effected either by operation of law or acts of the City or Authority <br /> except upon express written notice from the Authority to the City terminating the Lease, as provided below. In <br /> the event of such default and notwithstanding any entry by the Authority, the Authority may at any time <br /> thereafter (with or without notice and demand and without limiting any other rights or remedies the Authority <br /> may have): <br /> A-21 <br />
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