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<br />34 <br />payments to be made to the Trustee by the Authority, shall be paid over to the Authority pursuant <br />to written instruction from an Authorized Officer of the Authority and delivery of a certificate of a <br />certified public accountant that such funds are not required to be paid to the Owners. <br /> <br />If a forward supply contract is employed in connection with the defeasance of any of the <br />Bonds, (i) the verification report relating to the defeasance of such Bonds shall expressly state <br />that the adequacy of the escrow to accomplish the defeasance relies solely on the initial escrowed <br />investments and the maturing principal thereof and interest income thereon and does not assume <br />performance under or compliance with the forward supply contract, and (ii) the applicable escrow <br />agreement shall provide that in the event of any discrepancy or difference between the terms of <br />the forward supply contract and the escrow agreement, the terms of the escrow agreement shall <br />be controlling. <br /> <br />Section 9.02. Unclaimed Moneys. Anything contained herein to the contrary <br />notwithstanding, any money held by the Trustee in trust for the payment and discharge of the <br />interest or principal of the Bonds which remains unclaimed for the lesser of the period ending one <br />day prior to the date such money would escheat to the State or two (2) years after the date when <br />the payments evidenced and represented by such Bonds have become payable, if such money <br />was held by the Trustee at such date, or for the lesser of the period ending one day prior to the <br />date such money would escheat to the State or two (2) years after the date of deposit of such <br />money if deposited with the Trustee after the date when the interest and principal evidenced and <br />represented by such Bonds have become payable, the Trustee shall pay such amounts to the <br />Authority as its absolute property free from trust, and the Trustee shall thereupon be released and <br />discharged with respect thereto and the Owners shall look only to the Authority for interest and <br />principal represented by such Bonds; provided, however, that before being required to make any <br />such payment to the Authority, the Trustee may, at the expense of the Authority, cause to be <br />published once a week for two (2) successive weeks in a financial newspaper a notice that such <br />money remains unclaimed and that after a date named in such notice, which date shall not be <br />less than thirty (30) days after the date of the first publication of such notice, the balance of such <br />money then unclaimed will be returned to the Authority. <br /> <br /> <br />ARTICLE X <br /> <br />MISCELLANEOUS <br /> <br />Section 10.01. Benefits of Indenture Limited to Parties. Nothing contained herein, <br />expressed or implied, is intended to give to any person other than the Authority, the Trustee and <br />the Owners any claim, remedy or right under or pursuant hereto, and any agreement, condition, <br />covenant or term contained herein required to be observed or performed by or on behalf of the <br />Authority shall be for the sole and exclusive benefit of the Trustee and the Owners. <br /> <br />Section 10.02. Successor Deemed Included in all References to Predecessor. <br />Whenever either the Authority, the Trustee or any officer thereof is named or referred to herein, <br />such reference shall be deemed to include the successor to the powers, duties and functions that <br />are presently vested in the Authority, the Trustee or such officer, and all agreements, conditions, <br />covenants and terms required hereby to be observed or performed by or on behalf of the Authority, <br />the Trustee or any officer thereof shall bind and inure to the benefit of the respective successors <br />thereof whether so expressed or not. <br /> <br />8.A. - Page 154 of 255 <br />782