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Person Use payments described in subsection (4) hereof that is in excess of the five percent <br />limitations described in such subsections (3) or (4) will be for a Private Person Use that is related <br />to the state or local governmental use of the Projects financed with the proceeds of the Bonds, <br />and (ii) any Private Person Use will not exceed the amount of Net Proceeds of the Bonds used <br />for the state or local governmental use portion of the Projects financed with the proceeds of the <br />Bonds to which the Private Person Use of such portion of the Projects financed with the proceeds <br />of the Bonds relates. The City further covenants that it will comply with any limitations on the <br />use of the Projects by other than state and local governmental users that are necessary, in the <br />opinion of its bond counsel, to preserve the tax exemption of the interest on the Bonds. The <br />covenants of this section are specified solely to assure the continued exemption from regular <br />income taxation of the interest on the Bonds. <br />(c) No Designation under Section 265(b). The Bonds are not "qualified tax <br />exempt obligations for investment by financial institutions under Section 265(b) of the Code. <br />(d) Modification of Tax Covenants. The covenants of this section are <br />specified solely to assure the continued exemption from regular income taxation of the interest <br />on the Bonds. To that end, the provisions of this section may be modified or eliminated without <br />any requirement for formal amendment thereof upon receipt of an opinion of the City's bond <br />counsel that such modification or elimination will not adversely affect the tax exemption of <br />interest on any Bonds. <br />Wel <br />Section 11. Form of Bonds. The Bonds shall be in substantially the following form: <br />UNITED STATES OF AMERICA <br />[STATEMENT OF INSURANCE] <br />-39- P:\CMW\CMW6WH 09/06/05 <br />