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At least once a year, on or before May 30 of the year following the close of each fiscal year, <br />the books, records and accounts of the Issuer shall be properly audited by an independent firm <br />of certified public accountants. The results of such audit shall be mailed, upon request, and made <br />available, at all reasonable times, to any Holder or Holders of Bonds or anyone acting for and on <br />behalf of the Holders of such Bonds; provided, however, that any such costs of copying and <br />mailing shall be borne by such Holder or Holders as the case may be. <br />SECTION 18. ARBITRAGE. The Issuer covenants that no use will be made of the <br />proceeds of the Bonds which will cause the same to be "arbitrage bonds" within the meaning of <br />the Code. The Issuer, at all times while the Bonds and the interest thereon are outstanding, will <br />comply with the requirements of Section 103(c) of the Code and applicable rules and regulations <br />of the Internal Revenue Service. <br />SECTION 19. TAX COVENANT. With respect to any Bonds for which the Issuer intends <br />on the date of issuance thereof for the interest thereon to be excluded from gross income of the <br />Holders for purposes of federal income taxation: <br />(A) The Issuer shall not use or permit the use of any proceeds of the Bonds or any other <br />funds of the Issuer, directly or indirectly, to acquire any securities or obligations, and shall not <br />use or permit the use of any amounts received by the Issuer with respect to the Bonds in any <br />manner, and shall not take or permit to be taken any other action or actions, which would cause <br />any such Bonds to be a "private activity bond" within the meaning of Section 141 or an "arbitrage <br />bond" within the meaning of Section 1.48, or "federally guaranteed" within the meaning of <br />Section 149(b), of the Code, or otherwise cause interest on such Bonds to become subject to federal <br />income taxation. <br />(B) The Issuer shall, at all times, do and perform all acts and things permitted by law <br />and this Bond Resolution which are necessary or desirable in order to ensure that interest paid <br />on such Bonds will be excluded from gross income of the Holders for purposes of federal income <br />taxes and shall take no action that would result in such interest not being so excluded. <br />(C) The Issuer shall pay or cause to be paid to the United States Government any <br />amounts required by Section 148(f) of the Code and the regulations thereunder (the <br />"Regulations"). In order to ensure compliance with the rebate provisions of Section 148(f) of the <br />Code with respect to any Bonds for which the Issuer intends on the date of issuance thereof to be <br />excluded from gross income, the Issuer hereby creates the "General Obligation Bonds Rebate <br />Fund" (the "Rebate Fund") to be held by the Issuer. The Rebate Fund need not be maintained so <br />long as the Issuer timely satisfies its obligation to pay any rebatable earnings to the United States <br />Treasury; however, the Issuer may, as an administrative convenience, maintain and deposit funds <br />in the Rebate Fund from time to time. Moneys in the Rebate Fund (including earnings and <br />deposits therein) shall be held for future payment to the United States Government as required <br />by the Regulations and as set forth in the instructions of Bond Counsel delivered to the Issuer <br />upon issuance of such Bonds. <br />10 <br />