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1983
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CITY CLERK
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r �a. <br />:Y <br />ARTICLE V <br />RECORDS, AND REPORTS <br />Section 5.0.1. Records. The Escrow Agent will ker_p <br />Looks of record and account in which complete and correct <br />entries shall be made of all transactions relating to the <br />receipts, disbursements, allocations and application of the <br />;coney and Escrowed Securities deposited to the Escrow Fund <br />and all proceeds thereof, and such books shall be available <br />for inspection at reasonable hours and under reasonable <br />r, conditions by the Issuer and the holders of the Refunded <br />Bonds. <br />Section 5.02. Reoorts. For the period beginning :.,)n <br />the date hereof and ending on June 15, 1984, and for each <br />:twelve (12) month period thereafter while this Agreement <br />remains in effect, the Escrow,Agent shall prepare and send <br />to the Issuer within thirty (30) days following the end of <br />such period a written report summarizing all transactions <br />relating to the Escrow Fund during such period, including <br />without limitation credits to the Escrow Fund as a result of <br />interest payments on or maturities of the Escrowed <br />Securities and transfers from the Escrow Fund to the Paying <br />Agents for payments on the Refunded Bonds or otherwise, <br />together with a detailed statement of all Escrowed <br />Securities and the cash balance on deposit in the Escrow <br />Fund as of the end of such period. <br />ARTICLE.. VI <br />CONCERNING THE PAYING AGENTS AND ESCROW AGENT <br />Section 6.01. Representations. The Escrow Agent <br />hereby represents that it is one of the paying agents for <br />:he Refunded Bonds having the largest capital and surplus. <br />"he Escrow Agent hereby represents that it has all necessary <br />!power and authority to enter into this agreement and <br />undertake the obligations and responsibilities imposed upon <br />it herein, and that it will carry out all of its obligations <br />'hereunder. <br />Section 6.02. _Limitation on Liability. The liability <br />of the Escrow Agent to transfer funds to the Paying Agents <br />for the payment of the principal of and interest on the <br />Refunded Bonds shall be limited to the proceeds of the <br />Escrowed Securities and the cash balances from time to time <br />on deposit in the Escrow Fund. Notwithstanding any <br />provision contained herein to the contrary, neither the <br />Escrow Agent nor the Paying Agents shall have any liability <br />whatsoever for the insufficiency of funds from time to time <br />in the Escrow Fund or any failure of the obligors of the <br />Escrowed Securities to make timely payment thereon, except <br />for the obligation to notify the Issuer promptly of any such <br />occurrence. <br />The recitals herein and in the proceedings authorizing <br />the Refunding Bonds shall be taken as the statements of the <br />Issuer and stall not be considered as made by, or imposing <br />any obligation or liability upon, the Escrow Agent. The <br />Escrow Agent is not a party to the Refunding Bond Ordinances <br />or the Refunded Bond Ordinances and is not responsible for <br />nor bound by any of the provisions thereof (except as paying <br />agent). In its capacity as Escrow Agent, it is agreed that <br />the Escrow Agent need look only to the terms and provisions <br />of this Agreement. <br />The Escrow Agent makes no representations as to the <br />value, conditions or sufficiency of the Escrow Fund, or any <br />part thereof, or as to the title of the Issuer thereto, or <br />as to the security afforded thereby or hereby, and the <br />C:7 <br />
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