51-96 Lakewood Hosp Lease - Laserfiche WebLink

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(iii) incurred in the defense of any action or proceeding with respect to the Leased Premises or in enforcing this Lease or arising out of or based upon any document related to the issuance of the Bonds. (c) To the extent such costs and expenses are not paid out of the proceeds of the Bonds: (i) the fees and other costs incurred for services of the Trustees, paying agents and Bond registrars; (ii) all costs incurred in connection with the required purchase or redemption of Bonds to the extent moneys in a fund created by the Indentures are not available therefor; (iii) the fees and other costs incurred for services of such engineers, architects, attorneys, consultants and independent accountams as are employed to make examinations, render opinions and prepare reports required under the Indentures; (iv) amounts advanced by the Trustees under authority of the Indentures - and Which the City otherwise would be obligated to repay. The City and the Lessee agree that the obligation of the Lessee to make payments under this Section 3.2 is not secured by a security interest in the Gross Revenues and does not constitute or cause this Lease to constitute Indebtedness. In the event the Lessee shall fail to make any payment as required by this Lease, the payment so in default shall continue as an obligation of the Lessee until the amount in default shall have been fully paid; provided, however, that nothing in this Section shall require the Lessee to pay costs and expenses mentioned in subparagraph (c)(iv) above, so long as the validity or the reasonableness thereof shall be contested in good faith unless the appropriate Trustee shall receive an opinion of Independent Counsel that such contest jeopardizes the interest of the Lessee or the City in the Leased Premises or the fights or interest of the Holders or Trustee under the applicable Indenture, in which event the Lessee shall make such payment or take such action as causes such opinion to be withdrawn. All costs, expenses, liabilities, fees and charges described in this Section, together with interest thereon at the Interest Rate for Advances from the date payment is requested of the Lessee, shall be paid by the Lessee on demand. In any action brought to collect those Additional Payments, the City, a Trustee, the other paying agent or the Bond registrar, as the case may be, shall be entitled to the recovery of the Additional Payments, except as limited by law or judicial order or decision. Section 3.3. Place of Payments. The Basic Rent shall be paid to the appropriate Trustee at its corporate trust office for the account of the City and shall be deposited in the appropriate Special Fund for which intended. Additional Payments payable under Section 3.2(a) hereof shall be paid to the City at the Notice Address. Other Additional Payments shall be paid directly to the party to which they are due. Section 3.4. Obligations Absolute and Unconditional. The obligations of the Lessee to pay Basic Rent, Additional Payments and any other amounts payable under this Lease and to observe and perform its covenants, agreements and obligations provided in this Lease are absolute and unconditional. The Lessee hereby covenants and agrees to make any payments required of it hereunder from any moneys legally available to the Lessee in the manner and at the times provided in this Lease. 17-