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The City may prepay, from any source of available funds, portions of Base Rental coming due under
<br /> the Lease in the amounts and at the times permitted to effect the redemption of the 1994 Bonds subject to
<br /> optional redemption under the Indenture.
<br /> The City may also prepay Base Rental in order to effect a defeasance of Bonds pursuant to the
<br /> Indenture.
<br /> Before making any prepayment pursuant to the Lease, at least forty-five (45) days before the
<br /> prepayment date the City shall give written notice to the Authority and the Trustee describing such event,
<br /> specifying the order of principal payment dates and specifying the date on which the prepayment will be made,
<br /> which date shall be not less than thirty (30) nor more than sixty (60) days from the date such written notice is
<br /> given to the Authority and the Trustee.
<br /> Miscellaneous Provisions
<br /> Maintenance. Throughout the term of the Lease, as part of the consideration for rental of the Leased
<br /> Property, all improvement, repair and maintenance of the Leased Property will be the responsibility of the City,
<br /> and the City will pay for or otherwise arrange for the payment of all utility services supplied to the Leased
<br /> Property, and will pay for or otherwise arrange for payment of the cost of the repair and replacement of the
<br /> Leased Property resulting from ordinary wear and tear or want of care on the part of the City or any assignee
<br /> or sublessee thereof.
<br /> The City agrees that, at all times during the term of the Lease, it will, at its own cost and expense,
<br /> maintain, preserve and keep the Leased Property and every portion thereof in good repair, working order and
<br /> condition and that it will from time to time make or cause to be made all necessary and proper repairs,
<br /> replacements and renewals. The Authority shall have no responsibility in any of these matters or for the
<br /> making of additions or improvements to the Leased Property.
<br /> Liens. In the event the City shall at any time during the term of the Lease cause any improvements,
<br /> including, without limitation, the Project, to the Lease Property to be constructed or materials to be supplied in
<br /> or upon or attached to the Leased Property, the City shall pay or cause to be paid when due all sums of money
<br /> that may become due or purporting to be due for any labor, services, materials, supplies or equipment furnished
<br /> or alleged to have been furnished to or for the City in, upon, about or relating to the Leased Property and shall
<br /> keep the Leased Property free of any and all liens (except for Permitted Encumbrances) against the Leased
<br /> Property or the Authority's interest therein. In the event any such lien attaches to or is filed against the Leased
<br /> Property or the Authority's interest therein, the City shall cause each such lien to be fully discharged and
<br /> released at the time the performance of any obligation secured by any such lien matures or becomes due. If any
<br /> such lien shall be reduced to final judgment and such judgment or any process as may be issued for the
<br /> enforcement thereof is not promptly stayed, or if so stayed and such stay thereafter expires, the City shall
<br /> forthwith pay and discharge or cause to be paid and discharged such judgment. The City shall, to the maximum
<br /> extent permitted by law, indemnify and hold the Authority and the Trustee and their respective directors,
<br /> officers and employees harmless from, and defend each of them against, any claim, demand, loss, damage,
<br /> liability or expense (including attorneys' fees) as a result of any such lien or claim of lien against the Leased
<br /> Property or the Authority's interest therein.
<br /> Substitution or Removal of Leased Property. The City may amend the Lease to substitute additional
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<br /> real property and/or improvements (the "Substituted Property") for existing Leased Property, or to remove real
<br /> property or improvements from the definition of the Leased Property, upon compliance with all of the
<br /> conditions set forth below. After a Substitution or Removal, the part of the Leased Property for which the
<br /> substitution or removal has been effected shall be released from the leasehold created by the Lease and all right,
<br /> title and interest in and to such Leased Property shall vest in the City. In connection with such release of part
<br /> of the Leased Property, the Authority shall execute such conveyances, deeds, and other documents, and shall
<br /> take or cause to be taken all actions that are necessary to provide that such released Leased Property constitutes
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