SA 3 - RESO - TAX ALLOCATION BONDS

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Agency may have at any time against the Trustee or any other person or entity other than the 2016 Bond Insurer, whether in connection with the transactions contemplated herein or hi any other Related Documents or any unrelated transactions; (vii) any statement or any other document presented under or in connection with the 2016 Reserve Policy proving in any and all respects invalid, inaccurate, insufficient, fraudulent or forged or any statement therein being untrue or inaccurate in any respect; or (viii) any payment by the 2016 Bond Insurer under the 2016 Reserve Policy against presentation of a certificate or other document which does not strictly comply with the terms of the 2016 Reserve Policy. 0) The Agency shall fully observe, perform, and fulfill each of the provisions (as each of those provisions may be amended, supplemented, modified or waived with the prior written consent of the 2016 Bond Insurer) of the Indenture applicable to it, each of the provisions thereof being expressly incorporated into this Section by reference solely for the benefit of the 2016 Bond Insurer as if set forth directly herein. No provision of the Indenture or any other Related Document shall be amended, supplemented, modified or waived, without the prior written consent of the 2016 Bond Insurer, in any material respect or otherwise in a manner that could adversely affect the payment obligations of the Agency hereunder or the priority accorded to the reimbursement of Policy Costs under the Indenture. (lc) The Agency covenants to provide to the 2016 Bond insurer, promptly upon request, any information regarding the Series 2016 Bonds or the financial condition and operations of the Agency as reasonably requested by the 2016 Bond Insurer, The Agency will permit the 2016 Bond Insurer to discuss the affairs, finances and accounts of the Agency or any information the 2016 Bond Insurer may reasonably request regarding the security for the Series 2016 Bonds with appropriate officers of the Agency and will use commercially reasonable efforts to enable the 2016 Bond Insurer to have access to the facilities, books and records of the Agency on any Business Day upon reasonable prior notice. Section 5.06 Costs of Issuance Fund. Moneys deposited in the Costs of Issuance Fund shall be held by the Trustee in trust and applied to the payment of Costs of Issuance upon a Requisition of the Agency filed with the Trustee. Each such requisition shall be sufficient evidence to the Trustee of the facts stated therein and the Trustee shall have no duty to confirm the accuracy of such facts. In no event shall moneys from any other fiend or account established hereunder be used to pay Costs of Issuance. All payments from the Costs of Issuance Fund shall be reflected on the Trustee's regular accounting statements. At the end of twelve months from the date of issuance of the Bonds, or upon earlier receipt of a Written Order of the Agency stating that amounts in such fiend are no longer required for the payment of Costs of Issuance, such fund shall be terminated and any amounts then remaining in such fiend shall be transferred to the Tax Increment Fund. The Trustee shall then close the Costs of Issuance Fund. 35 3 -53