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<br />18 <br />(b) the Lease Payments are subject to abatement in an amount determined by the City such that the resulting Lease Payments represent fair consideration for the use and <br />occupancy of the remaining usable portions of the Leased Property. <br /> The Lease provides that, notwithstanding the foregoing, there shall be no abatement of <br />the Lease Payments under the Lease in the event and to the extent that amounts in the Insurance and Condemnation Fund or the Bond Fund are available to pay Lease Payments which would otherwise be abated, it being hereby declared that such proceeds and amounts <br />constitute special funds for the payment of the Lease Payments. No assurance can be given that the proceeds of any condemnation award will be <br />sufficient under all circumstances to replace the Leased Property or to prepay all of the Lease Payments with respect to the Leased Property. <br />See “APPENDIX B – SUMMARY OF PRINCIPAL LEGAL DOCUMENTS,” and “RISK <br />FACTORS – Abatement.” <br />Application of Eminent Domain Proceeds <br />If all or any part of the Leased Property is taken by eminent domain proceedings (or sold <br />to a government threatening to exercise the power of eminent domain) the Authority shall deposit or cause to be deposited with the Trustee the Net Proceeds therefrom, which the <br />Trustee shall deposit in the Insurance and Condemnation Fund under the Lease and which shall <br />be applied and disbursed by the Trustee as follows: <br />• If the City has not given written notice to the Trustee, within 45 days following the <br />date on which such Net Proceeds are deposited with the Trustee, of its determination that such Net Proceeds are needed for the replacement of the <br />Leased Property or such portion thereof, the Trustee shall transfer such Net Proceeds to the Redemption Fund to be applied towards the redemption of the Bonds under the Indenture. <br /> <br />• If the City has given written notice to the Trustee, within 45 days following the <br />date on which such Net Proceeds are deposited with the Trustee, of its <br />determination that such Net Proceeds are needed for replacement of the Leased Property or such portion thereof, the Trustee shall pay to the City, or to its order, <br />from said proceeds such amounts as the City may expend for such replacement, upon the filing of Written Requisitions of the City as agent for the Authority. <br />See “APPENDIX B – SUMMARY OF PRINCIPAL LEGAL DOCUMENTS.” <br />Remedies <br />If the City defaults in performance of its obligations under the Lease, the Authority or the <br />Trustee, as assignee of the Authority, may either terminate the Lease and re–enter and re–let <br />all or a portion of the Leased Property or may retain the Lease and hold the City liable for all payments on an annual basis and still have the right to re–enter and re–let the Leased Property <br />without effecting a surrender of the Lease. If the Authority terminates the Lease at its option and <br />in the manner provided therein on account of default by the City (and notwithstanding any re-entry upon the Leased Property by the Authority in any manner whatsoever or the re-leasing of <br />the Leased Property), the City nevertheless agrees to pay to the Authority all costs, loss or