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(A) secured by any interest in property used or to be used for any <br /> Private Person Use or secured by payments in respect of property used or to be used for any <br /> Private Person Use, or <br /> (B) derived from payments (whether or not made to the City) in <br /> respect of property, or borrowed money, used or to be used for any Private Person Use, then, <br /> (i) any Private Person Use of the project described in subsection(3) hereof or Private Person Use <br /> payments described in subsection (4) hereof that is in excess of the five percent limitations <br /> described in such subsections (3) or(4) will be for a Private Person Use that is related to the state <br /> or local governmental use of the projects financed or refinanced with the proceeds of the Bonds <br /> (including the 2014 Bonds), and (ii) any Private Person Use will not exceed the amount of Net <br /> Proceeds of the Bonds allocable to the state or local governmental use portion of the project(s)to <br /> which the Private Person Use of such portion of the projects financed or refinanced with the <br /> proceeds of the Bonds (including the 2014 Bonds) relate. The City further covenants that it will <br /> comply with any limitations on the use of the projects financed or refinanced with the proceeds <br /> of the Bonds by other than state and local governmental users that are necessary, in the opinion <br /> of its bond counsel, to preserve the tax exemption of the interest on the Bonds. The covenants of <br /> this section are specified solely to assure the continued exemption from regular income taxation <br /> of the interest on the Bonds. <br /> (c) Modification of Tax Covenants. The covenants of this section are specified solely <br /> to assure the continued exemption from regular income taxation of the interest on the Bonds. To <br /> that end, the provisions of this section may be modified or eliminated without any requirement <br /> for formal amendment thereof upon receipt of an opinion of the City's bond counsel that such <br /> modification or elimination will not adversely affect the tax exemption of interest on any Bonds. <br /> -22- 502395238 v2 <br />