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payment arrangements for the cost of the Project, in such a manner as to cause the Sonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. T�-Exem�t Status of the Sonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Sonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Sonds, and (3) the rebate of excess investment earnings to the United States if the Sonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that: (a) the Sonds are issued by a governmental unit with general t�ing powers; (b) no Sond is a private activity bond; (c) ninety-five percent or more of the net proceeds of the Sonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City) ; and (d) the aggregate face amount of all t� exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Sonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148 (f� (4) (D) of the Code. Furthermore: (e) there shall not be taken into account for purposes of said $5,000,000 limit any bond issued to refund (other than to advance refund) any bond to the extent the amount of the refunding bond does not exceed the outstanding amount of the refunded bond; (f� the aggregate face amount of the Sonds does not exceed $5,000,000; (g) each of the Refunded Sonds was issued as part of an issue which was treated as meeting the rebate requirements by reason of the exception for governmental units issuing $5,000,000 or less of bonds; (h) the average maturity of the Sonds does not exceed the average maturity of the Refunded Sonds; and (i) no part of the Sonds has a maturity date which is later than the date which is thirty years after the dates the Refunded Sonds were issued. 2377316v1 1 6