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such time and in such manner as directed by the IRS (1) at least every five years after
the Issue Date and (2) within 30 days after the date the Obligations are retired.
XI. Private Business Use:
Generally, to be tax-exempt, only an insignificant amount of the proceeds of each issue of
Obligations can benefit (directly or indirectly) private businesses. The Responsible Person
will review the Closing Documents periodically (at least once a fiscal year) for the
purpose of determining that the use of the Project does not violate provisions of federal
tax law that pertain to private business use. In addition, the Responsible Person will:
A. Develop procedures or a "tracking system" to identify all property financed with tax-
exempt debt;
B. Monitor and record the date on which the Project is substantially complete and
available to be used for the purpose intended;
C. Monitor and record whether, at any time the Obligations are outstanding, any
person, other than the Issuer, affiliates of the Issuer or members of the general public,
has any contractual right (such as a lease, purchase, management or other service
agreement) with respect to any portion of the Project;
D. Monitor and record whether, at any time the Obligations are outstanding, any
person, other than the Issuer, affiliates of the Issuer or members of the general public,
has a right to use the output of the Project (e.g., water, gas, electricity);
E. Monitor and record whether, at any time the Obligations are outstanding, any
person, other than the Issuer, affiliates of the Issuer or members of the general
public, has a right to use the Project to conduct or to direct the conduct of
research;
F. Monitor and record whether, at any time the Obligations are outstanding, any
person, other than the Issuer, has a naming right for the Project or any other
contractual right granting an intangible benefit;
G. Monitor and record whether, at any time the Obligations are outstanding, the
Project is leased, sold or otherwise disposed of; and
H. Take such action as is necessary to remediate any failure to maintain compliance
with the covenants contained in the Ordinance authorizing the tax-exempt
obligations used to finance the Project.
XII. Record Retention:
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