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-8- <br />If to Lessor: Banc of America Public Capital Corp <br />11333 McCormick Road <br />Mail Code: MD5-032-07-05 <br />Hunt Valley, MD 21031 <br />Attention: Contract Administration <br />Fax: (443) 541-3057 <br />If to Lessee: City of San Leandro, California <br />835 E. 14th Street <br />San Leandro, CA 94577 <br />Attention: Finance Director <br />Telephone: 510-577-3330 <br />Email: SHsieh@sanleandro.org <br />If to Escrow Agent: Bank of America, National Association <br />Global Custody and Agency Services <br />540 W. Madison St <br />IL4-540-21-03 <br />Chicago, Illinois 60661 <br />Attention: GCAS AMRS Escrow Client Services <br />Telephone: (312) 992-3272 <br />Fax: (312) 453-4443 <br />Email: gcas_amrs_escrow_client_service@bofa.com <br />9.Lessee and Lessor understand and agree that they are required to provide the Escrow <br />Agent with a properly completed and signed Tax Certification (as defined below) and that the <br />Escrow Agent may not perform its duties hereunder without having been provided with such Tax <br />Certification. As used herein “Tax Certification” shall mean an IRS form W-9 or W-8 as described <br />above. The Escrow Agent will comply with any U.S. tax withholding or backup withholding and <br />reporting requirements that are required by law. With respect to earnings allocable to a foreign <br />person, the Escrow Agent will withhold U.S. tax as required by law and report such earnings and <br />taxes withheld, if any, for the benefit of such foreign person on IRS Form 1042-S (or any other <br />required form), unless such earnings and withheld taxes are exempt from reporting under Treasury <br />Regulation Section 1.1461-1(c)(2)(ii) or under other applicable law. With respect to earnings <br />allocable to a United States person, the Escrow Agent will report such income, if required, on IRS <br />Form 1099 or any other form required by law. The IRS Forms 1099 and/or 1042-S shall show the <br />Escrow Agent as payor and Lessee as payee. Escrow Agent shall recognize Lessee as the <br />designated party for regulatory reporting purposes. <br />Lessee and Lessor agree that they are not relieved of their respective obligations, if any, to <br />prepare and file information reports under Code Section 6041, and the Treasury regulations <br />thereunder, with respect to amounts of imputed interest income, as determined pursuant to Code <br />Sections 483 or 1272. The Escrow Agent shall not be responsible for determining or reporting such <br />imputed interest. <br />333