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INSTALLMENT PURCHASE CONTRACT <br /> <br /> This INSTALLMENT PURCHASE CONTRACT, made and entered into as of <br />May 1, 1994 (the "Installment Purchase Contract"), by and between the CITY OF <br />pLEASANTON, a municipal corporation and general law city duly organized and validly <br />existing under and by virtue of the laws of the State of California (the "City"), and the <br />PLEASANTON JOINT POWERS FINANCING AUTHORITY, a joint powers authority <br />duly organized and existing under and by virtue of the laws of California (the "Authority"); <br /> <br /> WITNESSETH: <br /> <br /> WHEREAS, the City is authorized by the laws of the State of California to acquire <br /> certain sewer facilities (the "Project") for the purposes of financing and refinancing the <br /> construction of such facilities; and <br /> WHEREAS, the City has determined that it is in the best interests of the City and its <br /> citizens, and is necessary and proper for City purposes, that the City acquire from the <br /> Authority in the manner described herein the Project for the purposes of re~nancing the <br /> Project as described herein, and that the City pay the Authority for the costs of acquiring the <br /> Project in the manner described herein; and <br /> WHEREAS, all acts, conditions and things required by law to exist, to have happened <br /> and to have been performed precedent to and in connection with the execution and entering <br /> into of this Installment Purchase Contract do exist, have happened and have been performed <br /> in regular and due time, form and manner as required by law, and the parties hereto are now <br /> duly authorized to execute and enter into this Installment Purchase Contract; <br /> NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND OF THE <br /> MUTUAL AGREEMENTS AND COVENANTS CONTAINED HEREIN AND FOR <br /> OTHER VALUABLE CONSIDERATION, THE PARTIES HERETO DO HEREBY <br /> AGREE AS FOLLOWS: <br /> <br /> ARTICLE I <br /> DEFINITIONS <br /> <br /> Section 1.01. Definitions. <br /> Unless the context otherwise requires, the terms defined in this Section 1.01 <br /> shall for all purposes hereof, and of any amendment hereof, and of any opinion or report or <br /> other document .mentioned herein or therein have the meanings defined herein, the following <br /> <br /> 1 <br /> <br /> 9407302P.LAI <br /> <br /> <br />