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ARTICLE V <br />COVENANTS OF THE ISSUER <br />SECTION 5.01. BOOKS AND RECORDS. The Issuer will keep books and records <br />of the levy of the Ad Valorem Taxes and the receipt of the Ad Valorem Taxes in accordance with <br />generally accepted accounting principles, and any Credit Facility Provider, or Holder or Holders <br />of Bonds shall have the right at all reasonable times to inspect the records, accounts and data of <br />the Issuer relating thereto. <br />SECTION 5.02. ANNUAL BUDGET. The Issuer shall annually prepare and adopt, <br />prior to the beginning of each Fiscal Year, an Annual Budget in accordance with applicable law. <br />If for any reason the Issuer shall not have adopted the Annual Budget before the first day <br />of any Fiscal Year, the preliminary budget for such year shall be deemed to be in effect for such <br />Fiscal Year until the Annual Budget for such Fiscal Year is adopted. <br />The Issuer shall provide the Annual Budget to any Holder or Holders of Bonds upon written <br />request. The Issuer shall be permitted to make a reasonable charge for furnishing such information <br />to such Holder or Holders. <br />SECTION 5.03. ANNUAL AUDIT. The Issuer shall, immediately after the close of <br />each Fiscal Year, cause the books, records and accounts relating to the Issuer to be properly audited <br />by a recognized independent firm of certified public accountants, and shall require such <br />accountants to complete their report of such Annual Audit in accordance with applicable law. Each <br />Annual Audit shall be in conformity with generally accepted accounting principles as applied to <br />governmental entities. <br />The Issuer shall provide the Annual Audit to any Holder or Holders of Bonds upon written <br />request. The Issuer shall be permitted to make a reasonable charge for furnishing such information <br />to such Holder or Holders. <br />SECTION 5.04. NO IMPAIRMENT. The pledging of the Ad Valorem Taxes in the <br />manner provided herein shall not be subject to repeal, modification or impairment by any <br />subsequent ordinance, resolution, agreement or other proceedings of the Issuer. <br />SECTION 5.05. OTHER MONEYS. The Issuer may, in its sole discretion, utilize <br />other legally available moneys, in addition to the Pledged Funds, to pay the principal of and interest <br />on the Bonds. <br />SECTION 5.06. FEDERAL INCOME TAX COVENANTS. (A) The Issuer <br />covenants with the Holders of the Bonds (other than Taxable Bonds) that it shall not use the <br />proceeds of the Bonds in any manner which would cause the interest on the Bonds to be or become <br />includable in gross income for purposes of federal income taxation. <br />(B) The Issuer covenants with the Holders of the Bonds (other than Taxable Bonds) <br />that neither the Issuer nor any Person under its control or direction will make any use of the <br />28 <br />