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In the event that the amount credited to the Rebate <br />Fund exceeds the Rebate Requirement as calculated from time to <br />time by or on behalf of the City, the Trustee, upon written <br />instructions from the City, shall withdraw the excess from the <br />Rebate Fund and credit the excess to the Principal Fund. <br /> <br /> For purposes of crediting amounts to the Rebate Fund <br />or withdrawing amounts from the Rebate Fund, Nonpurpose <br />Investments shall be valued in the manner provided in the <br />Rebate Certificate. <br /> <br /> ARTICLE I <br /> COVENANTS <br /> <br /> SECTION 6.01. Compliance with Trust Agreement. The <br />Trustee will not execute or deliver any Certificates in any <br />manner other than in accordance with the provisions hereof, <br />and the Corporation and the City will not suffer or permit any <br />default by them to occur hereunder, but will faithfully comply <br />with, keep, observe and perform all the agreements, <br />conditions, covenants and terms hereof required to be complied <br />with, kept, observed and performed by them. <br /> <br /> SECTION 6.02. Compliance with or Amendment of Site <br />Lease or Facility Lease. The Corporation and the City will <br />faithfully comply with, keep, observe and perform all the <br />agreements, conditions, covenants and terms contained in the <br />Site Lease and the Facility Lease required to be complied <br />with, kept, observed and performed by them and, together with <br />the Trustee, will enforce the Site Lease and the Facility <br />Lease against the other party thereto in accordance with its <br />terms. <br /> <br /> The Corporation and the City will not alter, amend <br />or modify the Site Lease or the Facility Lease without the <br />prior written consent of the Trustee, which consent of the <br />Trustee shall be given only (i) if, in the opinion of the <br />Trustee (which opinion shall be based upon an Opinion of <br />Counsel or a Certificate of the City), such alterations, <br />amendments or modifications are not materially adverse to the <br />interests of the Owners, or (ii) to add to the covenants and <br />agreements of any party, other covenants to be observed, or to <br />surrender any right or power therein reserved to the City, or <br />(iii) to cure, correct or supplement any ambiguous or <br />defective provision contained therein, or (iv) to resolve <br />questions arising thereunder, as the parties thereto may deem <br />necessary or desirable and which do not materially adversely <br />affect the interests of the Owners of the Certificates, or <br />(v) to modify the legal description of the Demised Premises to <br />conform to the requirements of title insurance or otherwise to <br /> <br /> 34 <br />1451S <br /> <br /> <br />