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5. There are no actions, suits or proceedings pending or, to our knowledge, <br />threatened against or affecting. Lessee in any court or before any governmental <br />commission, board or authority which, if adversely determined, will have a <br />material adverse effect on the ability of the Lessee to perform its obligations <br />under the Lease. <br />6. Lessee is a political subdivision within the meaning of Section 103 of the <br />Internal Revenue Code of 1986, as amended, and has the legal right to issue <br />tax-exempt obligations under Section 103 of the Internal Revenue Code of 1986, <br />as amended and, consequently will be exempt from federal income taxes. <br />Very truly your <br />William K. DeBraal <br />Assistant County Attorney <br />Til <br />FAAttorney\Nancy\DOCS\DOC\bsfs 911 funds ems.doc <br />