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HOSPITAL LEASE
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Last modified
5/14/2013 2:59:53 PM
Creation date
7/21/2003 10:39:17 AM
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Office Of Council
Document Type
Ordinances
Date
7/21/2003
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ARTICLE III <br /> <br />RENT AND ADDITIONAL PAYMENTS <br /> <br /> · Section 3.1. Basic Rent_. <br /> (a) The Lessee covenants and agrees that on behalf of the City, and as its payment <br />of part of the Basic Rent due the City hereunder, the Lessee will pay directly to the Senior <br />Trustee and the Subordinated Trustee, respectively, for the account of the City, the moneys <br />which as to amount and time of payment will satisfy the requirements of Section 16 of the Senior <br />Ordinance and Section 8 of the Subordinated Ordinance. <br /> Co) The Lessee further covenants and agrees that it will deposit with the <br />appropriate Trustee all other moneys required to be deposited by the Indentures and will timely <br />perform each and every obligation, duty and right of the City under the Indentures. <br /> (c) Except for any interest which may arise hereafter with respect to moneys <br />pursuant to Sections 4.02 of the Indentures, the Lessee and the City each acknowledges that, <br />except as otherwise provided in the Indentures, neither the Lessee nor the City has any interest <br />in any of the funds created by the Indentures or any moneys deposited therein and that such <br />funds and moneys shall be in the custody of and held by the Trustees for the benefit of the <br />Bondholders. <br /> Section 3.2. Additional Payments. Subject to the pledge made in and the security <br />interest granted by the Guaranty and after making the payments required by Section 3.1 hereof, <br />the Lessee covenants and agrees to make Additional Payments as follows: <br /> <br /> (a) To the City on March 31, June 30 and September 30 in each year, <br /> commencing March 31, 1997, the amount shown opposite the date and year of <br /> payment in Schedule 1 hereto, provided that if the Closing Date (as defined in the <br /> Definitive Agreement) occurs after March 31, 1997 then the amounts shown on <br /> Schedule 1 to have been paid prior to the Closing Date shall be paid on the Closing <br /> Date, provided further, that if the City should impose or levy on the Lessee an ad <br /> valorem, income, franchise or business excise or tax, then the Additional Payment <br /> to be made in a year shall be reduced by an amount equal to the amount of such <br /> excise or tax paid by the Lessee and received in that year by the City, whether paid <br /> to it directly or paid to the State or a taxing unit thereof. Such reduction shall, to <br /> the extent possible, be applied equally against each of the payments required to be <br /> made in that year. <br /> <br /> (b) To the City, the Member or the Trustees, as the case may be, regardless <br /> of whether an Event of Default has occurred hereunder, payment for or <br /> reimbursement or prepayment of any and all reasonable costs, expenses and <br /> liabilities: <br /> <br /> (i) incurred or paid by the City, the Member or the Trustees, as the case <br /> may be, in satisfaction of any obligations of the Lessee hereunder or of the <br /> City, the Member or the Lessee under the Indentures not performed by the <br /> Lessee in accordance with the provisions hereof or thereof, <br /> <br /> (ii) incurred as a result of a request by the Lessee or a requirement of <br /> this Lease or the Indentures, or <br /> <br />- 16- <br /> <br /> <br />
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