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such refunding Parity Bonds, the certificate required by subsection (a)(5) of this section need not <br />be obtained. <br />(b) Nothing herein contained shall prevent the City from issuing revenue <br />bonds or other obligations that are a charge upon the Revenue of the System junior or inferior to <br />the payments required by this ordinance to be made out of such Revenue into the Revenue Bond <br />Fund and accounts therein to pay and secure the payment of any outstanding Parity Bonds. <br />(c) Nothing herein contained shall prevent the City from issuing revenue <br />bonds to refund maturing Parity Bonds for the payment of which money is not otherwise <br />available. <br />Section 10. Tax Covenants. The City covenants that it will not take or permit to be <br />taken on its behalf any action that would adversely affect the exemption from federal income <br />taxation of the interest on the Bonds and will take or require to be taken such acts as may <br />reasonably be within its ability and as may from time to time be required under applicable law to <br />continue the exemption from federal income taxation of the interest on the Bonds. <br />(a) Arbitrage Covenant. Without limiting the generality of the foregoing, the <br />City covenants that it will not take any action or fail to take any action with respect to the <br />proceeds of sale of the Bonds or any other funds of the City which may be deemed to be <br />proceeds of the Bonds pursuant to Section 148 of the Code and the regulations promulgated <br />thereunder which, if such use had been reasonably expected on the dates of delivery of the Bonds <br />to the initial purchasers thereof, would have caused the Bonds as "arbitrage bonds" within the <br />meaning of such term as used in Section 148 of the Code. <br />The City represents that it has not been notified of any listing or proposed listing by the <br />Internal Revenue Service to the effect that it is an issuer whose arbitrage certifications may not <br />-37- - PACMMCMW6WH 09/06/05 <br />