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This subsection is intended to and shall apply only to expenditures for capital items, <br />and shall not apply to expenditures such as are generally accepted as an expense item <br />in a statement of income and expense for the primary business carried on under this <br />Lease. Lessee shall promptly upon the close of each Plan Year deposit at least the <br />above required percentage of Gross Receipts for the Plan Year in a bank account or <br />other account acceptable to the City especially designated and maintained to satisfy <br />this subsection; provided, that all or a portion of said required sum may be directly <br />expended at said time for purposes specified in this subsection; further provided that <br />to the extent that at the end of any Plan Year Lessee's total expenditures pursuant to <br />its City approved plan for capital items during the Plan Year exceeds the cumulative <br />sum Lessee is then required to have expended or deposited in said special bank <br />account, then up to the extent of said excess Lessee may refrain from further <br />expenditures or deposits so long as the Premises are in the condition required by this <br />Lease. Any money so deposited in said bank account shall not be withdrawn for any <br />purpose other than expenditure for renovations and replacements hereunder. Lessee <br />may in lieu of depositing said money in bank account maintain said money in, or <br />convert any of said money deposited in a bank account to, interest -bearing <br />certificates of deposit which shall be specifically earmarked for the uses specified by <br />this subsection. Interest earned on said deposit and certificates is not required to be <br />used for renovation and replacement under this subsection, and Lessee may use and <br />dispose of said interest at any time for Lessee's own purposes. Lessee agrees to <br />provide to the City from time to time at the written request of the City documentary <br />evidence which clearly establishes that Lessee is and has been maintaining the special <br />bank account and/or the specially earmarked certificates of deposit required by this <br />subsection. <br />No part of the funds deposited in any account for renovation or replacement <br />pursuant to this subsection shall be included in the security of any Lender and such <br />funds may not be withdrawn or used by any Lender upon foreclosure of any <br />Leasehold Mortgage, or any sale thereunder, whether by judicial proceedings or by <br />virtue of any power contained in the Leasehold Mortgage, or any conveyance of the <br />leasehold estate created hereby from Lessee to Lender, except solely for withdrawal to <br />perform the maintenance and renovation for which the account was created and <br />funded. <br />In each five-year pan Lessee shall state in reasonable detail sufficient to determine <br />Lessee's full compliance with this subsection all actions Lessee has taken since <br />submittal of Lessee's last five-year plan to the City to comply with this subsection <br />and said five-year plan. Such statement shall include, without limitation, the <br />following: <br />(1) The renovations and replacements made and the amount of expenditures <br />therefor, and <br />16 <br />