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<br />Section 5.8. Advances. If the City shall fail to perform any of its obligations under this <br />Article V, the Authority or the Assignee may, but shall not be obligated to, take such action as <br />may be necessary to cure such failure, including the advancement of money, and the City shall <br />be obligated to repay all such advances as soon as possible, with interest at the rate of twelve <br />percent (12%) per annum from the date of the advance to the date of repayment. <br /> <br />Section 5.9. Installation of City's Equipment. The City may, at any time and from time to <br />time in its sole discretion and at its own expense, install or permit to be installed items of <br />equipment or other personal property in or upon any portion of the Property. All such items <br />shall remain the sole property of the City in which neither the Authority nor the Assignee shall <br />have any interest and may be modified or removed by the City at any time provided that the <br />City shall repair and restore any and all damage to the Property resulting from the installation, <br />modification or removal of any such items. Nothing in this Lease Agreement shall prevent the <br />City from purchasing or leasing items to be installed pursuant to this Section 5.9 under a lease <br />or conditional sale agreement, or subject to a vendor's lien or security agreement, as security for <br />the unpaid portion of the purchase price thereof, provided that no such lien or security interest <br />shall attach to any part of the Property. <br /> <br />Section 5.10. Liens. The City shall not, directly or indirectly, create, incur, assume or <br />suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to <br />the Property, other than the respective rights of the Authority and the City as provided herein <br />and Permitted Encumbrances. Except as expressly provided in this Article V, the City shall <br />promptly, at its own expense, take such action as may be necessary to duly discharge or remove <br />any such mortgage, pledge, lien, charge, encumbrance or claim, for which it is responsible, if <br />the same shall arise at any time. The City shall reimburse the Authority for any expense <br />incurred by it in order to discharge or remove any such mortgage, pledge, lien, charge, <br />encumbrance or claim. <br /> <br />Section 5.11. Private Activity Bond Limitation. The City shall assure that proceeds of the <br />Lease Agreement are not so used as to cause the Lease Agreement to satisfy the private <br />business tests of section 141(b) of the Code or the private loan financing test of section 141(c) of <br />the Code. <br /> <br />Section 5.12. Federal Guarantee Prohibition. The City shall not take any action or permit <br />or suffer any action to be taken if the result of the same would be to cause the Lease Agreement <br />to be "federally guaranteed" within the meaning of section 149(b) of the Code. <br /> <br />Section 5.13. Rebate Requirement. The City shall take any and all actions necessary to <br />assure compliance with section 148(f) of the Code, relating to the rebate of excess investment <br />earnings, if any, to the federal government, to the extent that such section is applicable to the <br />Lease Agreement. <br /> <br />Section 5.14. No Arbitrage. The City shall not take, or permit or suffer to be taken, any <br />action with respect to the proceeds of the Lease Agreement which, if such action had been <br />reasonably expected to have been taken, or had been deliberately and intentionally taken, on <br />the effective date of the Lease Agreement, would have caused the Lease Agreement to be <br />"arbitrage bonds" within the meaning of section 148 of the Code. <br /> <br />-13- <br />