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other expenses occasioned by escrow arrangements or provision for <br />redemption, shall be considered "provision for payment." Nothing <br />herein shall be deemed to require the Issuer to call any of the <br />outstanding Bonds for redemption prior to maturity pursuant to <br />any applicable optional redemption provisions, or to impair the <br />discretion of the Issuer in determining whether to exercise any <br />such option for early redemption, except that if any of the Bonds <br />shall be held by the Government, the Bonds so held by the <br />Government shall be called for redemption as a whole within a <br />period not exceeding 6 months from the date of such deposit <br />unless the Government shall agree otherwise in writing. Notwith- <br />standing the above, any Bonds held by the Government shall be <br />defeased only with the prior written approval of the Government. <br />4.05 Severability of Invalid Provisions, If any one or <br />more of the covenants, agreements or provisions of this <br />Instrument or of the Bonds should be held contrary to any express <br />W provision of law or contrary to the policy of express law, though <br />not expressly prohibited, or against public policy, or shall for <br />any reason whatsoever be held invalid, then such covenants, <br />agreements or provisions shall be null and void and shall he <br />deemed separate from the remaining covenants, agreements or pro- <br />visions of this Instrument and of the Bonds. <br />4.06 Validation Authorized. The Issuer's Attorney is <br />hereby authorized and directed to institute appropriate pro- <br />ceedings in the Circuit Court for Indian River County, Florida, <br />for the validation of the Bonds. <br />4.07 Conflicts Repealed. All resolutions or parts of <br />resolutions in conflict herewith are hereby repealed. <br />4.08 Effective Date. This Instrument shall take effect <br />immediately upon its passage. <br />The foregoing resolution was offered by Commissioner <br />Lyonswho moved its adoption. The motion was <br />seconded by Commissioner Bird and, upon being pat to a <br />vote, the vote was as follows: <br />Chairman Don C. Scurlock, Jr. Aye <br />Vice -Chairman A. Grover Fletcher Nay <br />Commissioner Patrick B. Lyons Aye <br />Commissioner William C. Wodtke, Jr. Aye <br />Commissioner Dick Bird Aye <br />The Chairman thereupon <br />passed and adoptedt is 7th <br />Attest: <br />FREDA WRIGHT, Clok <br />APPROVED TO JFORM AND <br />LEGAL S ICI CY <br />JUL 7 1982 Y BRANDENBURG <br />unty Attorney <br />-24- <br />declared the resolution duly <br />day of July , 1982• <br />BOARD OF COUNTY COMMISSIONERS <br />OF INDIAN RIVER COUNTY, FLORIDA <br />ByG <br />DON C. SCURLOCK, JR. <br />Chairman t <br />BOOK 0 PAGE'285 <br />