SURFACE RD DOUGHERTY TASS - Laserfiche WebLink

A new sub follows: 8. Delel Paragraph )aragraph (g) is added to the Agreement to read as (g) Unless otherwise agreed in writing, PLEASANTON hereby covenants to use and apply the entire amount of moneys paid by DUBLIN as reimbursement of the COSTS OF CONSTRUCTION (as adjusted pursuant to Paragraph $(a)) (together with accrued interest thereon), as provided in this paragraph 8, as follows: (i) to the payment of capital expenditures incurred or to be incurred by or on behalf of PLEASANTON for any property or facilities that will be used solely by or on behalf of PLEASANTON (including members of the general public), or (ii) within ninety (90) calendar days of the date of issuance by or on behalf of DUBLIN of any obligations the proceeds of which are used to fund such reimbursement and the interest on which is excluded from gross income for federal income tax purposes, to the payment of all or any portion of the principal of or interest on the Pleasanton Joint Powers Financing Authority, Reassessment Revenue Bonds, 1993 Series, issued August 19, 1993. In the event that PLEASANTON does not use such reimbursement in accordance with the preceding sentence and, as a result thereof, the interest on obligations issued by or on behalf of DUBLIN to fund such reimbursement is includable in gross income for federal income tax purposes, at the sole discretion of DUBLIN: (i) DUBLIN shall have the right to demand specific performance of PLEASANTON in accordance with the covenants set forth in this subparagraph (g), or (ii) PLEASANTON shall fully indemnify DUBLIN for any and all losses, claims, damages, liabilities, costs and expenses which DUBLIN may incur by reason of or in connection with the taxability of such obligations, including but not limited to the payment of additional interest expense or claims to any holders (or former holders) of such obligations. ion of ParaaraDh 10 10 of the Agreement is deleted in its entirety. 6