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<br /> C Certificate covering a period commencing on January 1 of the <br /> immediately preceding calendar year and ending no later than . <br /> December 1 of the same year or June 1 of the current year <br /> (whichever is the most recent date prior to submission of the <br /> statement), and executed by the Developer. On each Note Payment <br /> Date and subject to the provisions of the Note, the City shall <br /> pay, against the principal and interest then due on the Note, 90% <br /> of any Tax Increments received by the City during the preceding 6 <br /> months. All such payments shall first be applied to accrued and <br /> unpaid interest on the Note and then to principal of the Note. <br /> (5) Notwithstanding anything herein in the Note to the <br /> contrary, the City shall be under no Obligation to apply or pay <br /> the Tax Increments to the payment of the Note any earlier than 30 <br /> days after it has received the Developer's statement required by <br /> paragraph (4) above. Any interest accruing on Tax Increments <br /> held by the City pending the Note Payment Dates or receipt of <br /> such statement from the Developer shall accrue to the benefit of <br /> the City. <br /> (6) The Note shall be a special and limited obligation of <br /> the City and not a general obligation of the City, and only Tax <br /> Increments shall be used to pay the principal of and interest on <br /> the Note. If, on any Note Payment Date, the Tax Increments for <br /> the payment of the accrued and unpaid interest on the Note are <br /> inSUfficient for Such purposes, the difference shall be carried <br /> forward, without interest accruing thereon, and shall be paid if . <br /> and to the extent that on a future Note Payment Date there are <br /> Tax Increments in excess of the amounts needed to pay the accrued <br /> interest then due on the Note. <br /> (7) The City's obligation to make payments on the Note on <br /> any Note Payment Date or any date thereafter shall be conditioned <br /> upon the requirement that (A) there shall not at that time be an <br /> Event of Default that has occurred and is continuing under this <br /> Agreement and (B) this Agreement shall not have been rescinded <br /> pursuant to Section 4.2(b). <br /> (8) The Note shall be governed by and payable pursuant to <br /> the additional terms thereof, as set forth in Exhibit c. In the <br /> event of any conflict between the terms of the Note and the terms <br /> of this Section 3.2, the terms of the Note shall govern. The <br /> issuance of the Note pursuant and subject to the terms of this <br /> Agreement, and the taking by the City of such additional actions <br /> as bond Counsel for the Note may require in connection therewith, <br /> are hereby authorized and approved by the City. <br /> ( . <br /> \~. <br /> 18499 <br /> 8 <br />