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Section 7. No Federal Guarantee. <br />7. I . Payment of the principal or interest due under the Financing Documents is not directly or indirectly guaranteed, in whole or in part, by <br />the United States or an agency or instrumentality thereof. <br />7.2. No portion of the Principal Amount or interest earned thereon shall be (i) used in making loans the payment of principal or interest of <br />which are to be guaranteed, in whole or in part, by the United States or any agency or instrumentality thereof, or (ii) invested, directly or <br />indirectly, in federally insured deposits or accounts if such investment would cause the financing under the Financing Documents to be <br />"federally guaranteed" within the meaning of Section 149(b) of the Code. <br />Section 8. Miscellaneous. <br />8.1. Lessee shall keep a complete and accurate record of all owners or assignees of the Financing Documents in form and substance <br />satisfactory to comply with the registration requirements of Section 149(a) of the Code unless Lessor or its assignee agrees to act as <br />Lessee's agent for such purpose. <br />8.2. Lessee shall maintain complete and accurate records establishing the expenditure of the Principal Amount and interest earnings <br />thereon for a period of five (5) years after payment in full under the Financing Documents. <br />8.3. To the best of the undersigned's knowledge, information and belief, the above expectations are reasonable and there are no other facts, <br />estimates or circumstances that would materially change the expectations expressed herein. <br />IN WITNESS WHEREOF, this Tax Agreement and Arbitrage Certificate has been executed on behalf of Lessee as of March 19, <br />2008. <br />CITY OF SANTA ANA, <br />Lessee <br />Name: Francisco Gutierrez <br />Title: Executiv Director of Finance <br />Date: 3~ y' ~p~ <br />This is counterpart No. ~ of?jserially numbered, manually executed counterparts <br />of this docmnent. To the extent that this Lease Agreement constitutes chattel paper <br />under the Uniform Commercial Code, a security interest in this Lease Agreement <br />may be created through the transfer and possession of Counterpart No. I only, <br />without the need to transfer possession of any other original or counterpart or copy <br />of this Lease Agreement or any original or counterpart or copy of any exhibits, <br />addenda, schedules, certificates, riders or other documents and instruments executed <br />and delivered in connection with this Lease Agreement. <br />3/ 18/2008: NBQ-ESC. DOC/rev.01 /O5. st Ic <br />i~ <br />-o., ,._......... ,. <br />- .t <br />f <br />