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<br />15 <br />(e) the reasonable out-of-pocket expenses of the Authority in connection with the execution and delivery of the Lease or the Indenture, or in connection with the issuance of the <br />Bonds, including but not limited to any and all expenses incurred in connection with the <br />authorization, sale and delivery of the Bonds, or incurred by the Authority in connection with any litigation which may at any time be instituted involving the Lease, the Bonds, the Indenture or <br />any of the other documents contemplated hereby or thereby, or otherwise incurred in connection with the administration of this Lease. <br />Fair Rental Value <br />Under the Lease, the aggregate amount of the Lease Payments and Additional Rental Payments coming due and payable during each Rental Period constitute the total rental for the Leased Property for such Rental Period, and are payable by the City in each Rental Period for <br />and in consideration of the right of the use and occupancy of, and the continued quiet use and enjoyment of the Leased Property during each Rental Period. The parties to the Lease have <br />agreed and determined that the total Lease Payments represent the fair rental value of the <br />Leased Property. In making that determination, consideration has been given to the estimated value of the Leased Property (less equipment installed on the Lease Property financed through <br />the BofA Equipment Lease) based on comparable properties, insurance appraisals and other <br />records maintained by the City, other obligations of the City and the Authority under the Lease, the uses and purposes which may be served by the Leased Property and the benefits therefrom <br />which will accrue to the City and the general public. <br /> Notwithstanding any other provision of the Lease, if rental payments are abated partially <br />for any period of time, the rental payments due for such period of time may not exceed the fair rental value of that portion of the Leased Property available for use and occupancy by the City during such period of time. See “– Abatement” below. <br /> Covenant to Appropriate Funds for Lease Payments <br />Under the Lease, the City covenants to take all actions required to include the Lease <br />Payments in each of its annual budgets during the term of the Lease and to make the necessary appropriations for all Lease Payments and Additional Rental Payments. The Lease provides <br />such covenant of the constitutes a duty imposed by law and each and every public official of the <br />City is required to take all actions required by law in the performance of the official duty of such officials to enable the City to carry out and perform the covenants and agreements in the Lease <br />agreed to be carried out and performed by the City. <br /> Under certain circumstances described in the Lease, however, Lease Payments are <br />subject to abatement during periods of substantial interference with the City’s use and occupancy of all or a portion of the Leased Property, as described in “ – Abatement” below. <br />Abatement <br />General. The Lease provides that the obligation of the City to pay Lease Payments will be subject to abatement by reason of (i) any damage or destruction such that there is <br />substantial interference with the use and occupancy of all or any portion of the Leased Property, or (ii) a temporary taking of the Leased Property or a permanent taking of a portion of the Leased Property. Such abatement will be in an amount determined by the City, such that the <br />resulting unabated portion of the Lease Payments will represent fair consideration for the use and occupancy of the remaining usable portions of the Leased Property.