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Wr <br />•:f <br />f-I’ <br />m <br />4kkfr.r <br />ARTICLE II <br />REPRESENTATIONS AND COVENANTS OF CITY AND AUTHORITY <br />Section 2.1. inns ahH Toygnant-S nf <br />City represents r.nd covenants as follows: <br />iili iiir irtii <br />(a) The Constitution and the laws of the State <br />authorize City to acquire, construct, operate and <br />maintain the Project, to enter into this Lease and the <br />transactions contemplated hereby, and to carry out its <br />obligations under this Lease. <br />(b) The officers of City executing this Lease are <br />duly authorized to execute and deliver this Lease under <br />the Constitution and laws of the State. <br />(c) City has complied and will comply with all <br />open meeting laws, all public bidding laws and all other <br />State and Federal Laws applicable to this Lease and the <br />construction and furnishing of the Project. <br /><d) City will use the Project during the Lease <br />Term only to perform essential governmental functions of <br />City, and will not enter into any lease, use agreement, <br />management agreement or other Lease which would cause <br />the Bonds to be considered "private activity bonds" or <br />"private loan bonds" pursuant to Section 141 of the <br />Code. <br />(e) During the Term of the Lease, City will not <br />take or permit any of its officers to take any action <br />with respect to the Lease or the Project which would <br />cause Interest on the Bonds to become includable in <br />gross income of the recipient for federal income tax <br />purposes under the Code, and will take all actions <br />necessary to ensure that interest on the Bonds remains <br />excludable from gross income of the recipient under the <br />Code, insofar as it has che power and authority to take <br />such actions. <br />(f) The execution and delivery of this Lease and the <br />other agreements contemplated hereby to which City is a <br />party and the consummation of the transactions <br />conten^lated hereby and thereby and the fulfillment of <br />the terms hereof and thereof will not conflict with, or <br />constitute on the part of City a breach of, or a default <br />under, any existing (i) law, or (ii) provisions of any <br />legislative act, constitution or other proceeding <br />2-1