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Enterprise to such premises until all delinquent rates; fees and charges and penalties have
<br /> been paid in full.
<br /> Except in connection with the receipt of federal or State funding, or as required as a
<br /> condition to the acquisition or operation of the Project, the City will not permit any part of either
<br /> Enterprise, or any facility thereof, to be used, or taken advantage of, free of charge by any
<br /> person, firm or corporation, or by any public agency (including the United States of America, the
<br /> State of California and any public corporation, political subdivision, city, county, district or
<br /> agency, of any thereo�, excepting only that the City may without charge use the services and
<br /> facilities of the Enterprise.
<br /> Section 5.16. Eminent Domain Proceeds.
<br /> If all or any part of the Enterprise shall be taken by eminent domain proceedings, the Net
<br /> Proceeds thereof shall be applied as follows:
<br /> (a) If (1) the City prepares a report showing (i) the estimated loss of annual
<br /> Net Revenues, if any, suffered or to be suffered by the City by reason of such eminent
<br /> domain proceedings, (ii) a general description of the additions, betterments, extensions
<br /> or improvements to the Enterprise proposed to be acquired by the City from any Net
<br /> Proceeds, and (iii) an estimate of the additional annual Net Revenues to be derived from
<br /> such additions, betterments, extensions or improvements, and (2) on the basis of such
<br /> certificate, the City determines that the estimated additionat annual Net Revenues will
<br /> su�ciently offset the estimated loss of annual Net Revenues resulting from such
<br /> eminent domain proceedings so that the ability of the City to meet its obligations
<br /> hereunder will not be substantially impaired (which determination shall be final and
<br /> conclusive); then the City shall promptly proceed with the acquisition of such additions,
<br /> betterments, extensions or improvements substantially in accordance with such report
<br /> and such Net Proceeds shall be applied for the payment of the costs of such acquisition,
<br /> and any balance of such Net Proceeds not required by the City for such purpose shall be
<br /> applied to prepay the Installment Payments pursuant to Section 6.01(a) hereof, and any
<br /> Parity Obligations, on a pro rata basis in the manner provided herein and in the
<br /> instruments authorizing such Parity Obligations.
<br /> (b) If the foregoing conditions are not met, then such Net Proceeds shall be
<br /> applied to the prepayment of Installment Payments as provided in Article VI hereof.
<br /> Section 5.1T. Further Assurances.
<br /> The City will adopt, deliver, execute and make any and all further assurances,
<br /> instruments and resolutions as may be reasonably necessary or proper to carry out the intention
<br /> or to facilitate the performance hereof and for the better assuring and confirming unto the
<br /> Authority of the rights and benefits provided to it herein.
<br /> Section 5.18. Release and Indemnification Covenants.
<br /> The City shall and hereby agrees to indemnify and save the Trustee and the Authority,
<br /> their o�cers, directors, agents, employees, successors or assigns harmless from and against all
<br /> claims, losses and damages, including legal fees and expenses, arising out of (i) the use,
<br /> maintenance, condition or management of, or from any work or thing done on, the Project by the
<br /> City, (ii) any breach or default on the part of the City in the performance of any of the City's
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