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of earnings on such subaccount for such Bond Year shall not be <br /> taken into account in making the computations under subparagraphs <br /> (1) and (2 ) above. <br /> (c) The Rebate Amount shall be calculated within thirty <br /> (30) days of the end of the first Bond Year, within thirty (30) <br /> days of the end of each subsequent Bond Year, and within sixty <br /> (60) days of the retirement of the last obligation of the Bonds. <br /> The City shall make deposits into the Excess Earnings Fund within <br /> the 30-day period to maintain it at the Rebate Amount, less the <br /> amounts, if any, previously paid to the United States as provided <br /> herein. Such deposits shall be made from the Projects Fund, or <br /> from other legally available moneys of the City. Any amounts that <br /> are withdrawn from the Excess Earnings Fund as a result of a <br /> decrease in the Rebate Amount may be returned to the Projects Fund <br /> or other City Funds, as appropriate. If, during any Computation <br /> Period, the Rebate Amount is less than the amounts previously paid <br /> to the United States, such a deficit may not be recovered from <br /> amounts previously paid to the United States. The City shall make <br /> installment payments from the Excess Earnings Fund to the United <br /> States as required by law. <br /> SECTION 10. Tax Covenants. The City hereby covenants that <br /> it will not make any use of the proceeds of sale of the Bonds or <br /> any other funds of the City which may be deemed to be proceeds of <br /> such Bonds pursuant to Section 148 of the Internal Revenue Code of <br /> 1986 and the applicable regulations thereunder which would cause <br /> the Bonds to be "arbitrage bonds" within the meaning of said <br /> section and said regulations. The City will comply with the <br /> requirements of Section 148 of the Internal Revenue Code of 1986 <br /> and the applicable regulations thereunder throughout the term of <br /> the Bonds. <br /> -13- KR257 88/07/06 <br />