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The County covenants that no more than ten percent (10%) of the Gross <br />Revenues will be derived directly or indirectly from payments from any <br />nongovernmental user, other than payments by a nongovernmental user as a member <br />of the general public. <br />S. FURTHER TERMS AND CONDITIONS OF RESERVE ACCOUNT CREDIT INSTRUMENTS. <br />The further terms and conditions upon which the Reserve Account Requirement set <br />forth in subsection B(4) above may be met in whole or in part with a Reserve <br />Account Credit Instrument are, unless all or a portion of the Series 1993 Bonds <br />are outstanding and the Series 1993 Bond Insurer agrees otherwise, as follows: <br />(1) With respect to any letter of credit: <br />(a) such letter of credit shall be payable in one <br />or more draws upon presentation by the Paying Agent of <br />a sight draft accompanied by its certificate that it <br />then holds insufficient funds to make a required payment <br />of principal or interest on the Bonds; <br />(b) the draws shall be payable within two days <br />of presentation of the sight draft; <br />(c) the letter of credit shall be for a term of <br />not less than three years and shall be subject to an <br />"evergreening" feature so as to provide the County with <br />at least 30 months' notice of termination; the issuer of <br />the letter of credit shall be required to notify the <br />County and the Paying Agent not later than 30 months <br />prior to the stated expiration date of the letter of <br />credit as to whether such expiration date shall be <br />extended, and if so, shall indicate the new expiration <br />date. <br />If such notice indicates that the expiration date <br />shall not be extended, the County shall deposit in the <br />Reserve Account an amount sufficient to cause the cash <br />or permitted investments on deposit in the Reserve <br />Account, together with any other qualifying Reserve <br />Account Credit Instruments, to equal the Reserve Account <br />Requirement, such deposit to be paid in equal <br />installments on a least a semi-annual basis over the <br />remaining term of the letter of credit, unless the <br />Reserve Account Credit Instrument is replaced by another <br />Reserve Account Credit Instrument permitted hereunder; <br />and <br />(d) The letter of credit shall permit a draw in <br />full -prior to. the -expiration or termination of such <br />letter of credit if the letter of credit has not been <br />replaced or renewed. <br />(2) The use of any Reserve Account Credit Instrument shall <br />be subject to receipt of an opinion of counsel acceptable to the <br />Series 1993 Bond Insurer in form and substance satisfactory to the <br />Series 1993 Bond Insurer as to the due authorization, execution, <br />delivery and enforceability of such instrument in accordance with <br />23 <br />