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discretion) provided such amendment does not, in the Assignees' sole judgment, adversely <br />affect the Assignees. <br />Section 7.7. Tax Covenants. <br />(a) Generally. The City will not take any action or permit to be taken any action within its <br />control which would cause or which, with the passage of time if not cured would cause, the <br />interest components of the Lease Payments to become includable in gross income of the <br />Assignees for federal income tax purposes. <br />(b) Private Activity Bond Limitation. The City will ensure that the proceeds of the Lease <br />Payments are not so used as to cause the City's obligations hereunder to satisfy the private <br />business tests of Section 141(b) of the Tax Code or the private loan financing test of Section <br />141(c) of the Tax Code. <br />(c) Federal Guarantee Prohibition. The City will not take any action or permit or suffer any <br />action to be taken if the result of the same would be to cause the Lease Payments to be <br />"federally guaranteed" within the meaning of Section 149(b) of the Tax Code. <br />(d) No Arbitrage. The City will not take, or permit or suffer to be taken, any action with <br />respect to the proceeds of the Lease Payments which, if such action had been reasonably <br />expected to have been taken, or had been deliberately and intentionally taken, on the Closing <br />Date would have caused the Lease Payments to be "arbitrage bonds" within the meaning of <br />Section 148(a) of the Tax Code. <br />(e) Arbitrage Rebate. The City will take any and all actions necessary to assure compliance <br />with Section 148(f) of the Tax Code, relating to the rebate of excess investment earnings, if any, <br />to the federal government, to the extent that such section is applicable to the Lease Payments. <br />Section 7.8. Financial Statements; Budgets. Within two hundred ten (210) days following <br />the end of each Fiscal Year of the City during the Term of this Lease Agreement, the City will <br />provide the Authority and the Assignees with a copy of its audited financial statements for such <br />Fiscal Year. Such audited financial statements shall include the City's Comprehensive Annual <br />Financial Report ( "CAFR "), including such information as is required by applicable <br />Government Accounting Standards Board pronouncements and applicable State law. Within <br />thirty (30) days of the end of each fiscal year, the City will provide the Assignees with a copy of <br />its annual budget and any interim updates or modifications to such budget. The City hereby <br />agrees to provide the Assignees with such other information as may be reasonably requested by <br />the Assignees. <br />Section 7.9. Records and Accounts. The City covenants and agrees that it shall keep <br />proper books of record and accounts of its operations, in which complete and correct entries <br />shall be made of all transactions relating to the City. Said books and records shall at all <br />reasonable times be subject to the inspection of the Assignees upon 72 hours' prior notice. <br />Section 7.10. Observance of Laws and Regulations. The City will well and truly keep, <br />observe and perform or cause to be kept, observed and performed all valid and lawful <br />obligations or regulations now or hereafter imposed on it by contract, or prescribed by any law <br />of the United States, or of the State, or by any officer, board or commission having jurisdiction <br />or control, as a condition of the continued enjoyment of any and every right, privilege or <br />franchise now owned or hereafter acquired and enjoyed by the City, including the City's right <br />to exist and carry on business as a municipal corporation, to the end that such rights, privileges <br />and franchises shall be maintained and preserved, and shall not become abandoned, forfeited or <br />in any manner impaired. <br />-25- <br />