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maintained (except as otherwise provided below), and the parties hereto now desire to provide for the termination of such documents as provided herein. NOW, THEREFORE, in consideration of the foregoing and for other consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree with respect to the document to which it is a party or an assignee: Section 1. Termination. (a) By virtue of the deposit of amounts for prepayment of the 1998 Lease Payments, all obligations of the City under the 1998 Lease Agreement shall cease and terminate, excepting only the obligation of the City to make, or cause to be made, all payments from such deposit and title to the 1998 Project shall vest in the City on the date of said deposit automatically and without further action by the City or the Authority. Said deposit and interest earnings thereon shall be deemed to be and shall constitute a special fund for the prepayment of the 1998 Lease Payments. (b) In accordance with the foregoing, the following agreements (including any option to purchase contained therein), are hereby terminated and are of no further force or effect (except that the hereinafter defined Site and facility Lease shall terminate 10 days after the termination date hereof): (i) Site and Facility Lease, dated as of January 1, 1998, by and between the City and the Authority, recorded on January 21, 1998, as Instrument No. 19980031193, Orange County Records (the "Site and Facility Lease "); (ii) 1998 Lease Agreement, recorded on January 21, 1998, as Instrument No. 19980031194, Orange County Records; and (iii) 1998 Assignment Agreement, recorded on January 21, 1998, as Instrument No. 19980031195, Orange County Records. (c) From and after the date hereof, none of the parties shall have any further rights or obligations thereunder. Section 2. Execution in Counterparts. This Termination Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. -2- 4 -23