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<br />- <br /> <br />. <br /> <br />this Escrow Agreement, the Escrow Agent shall from time to <br />time collect and receive for the credit of the Escrow Fund <br />the principal of and interest on the Escrowed Securities as <br />they respectively mature and fall due. The Escrow Agent is <br />hereby irrevocably instructed to transfer to the Paying <br />Agent from the cash balances from time to time on deposit in <br />the Escrow Fund the amounts required to pay the principal <br />of, and interest on, the Defeased Bonds as the same become <br />due and payable. <br /> <br />(b) Moneys transferred to and held by the Paying Agent <br />in accordance with the provisions hereof shall be held by <br />the Paying Agent as a separate trust fund for the account of <br />the respective owners and/or holders of the Defeased Bonds <br />in connection with which such moneys are held; provided, <br />however, that moneys so held remaining unclaimed by the <br />owners and/or holders of such Defeased Bonds for six (6) <br />years after the dates on which payment thereon was due, <br />payable and available for payment shall be paid to the City <br />to be used for any lawful purpose. Thereafter, neither the <br />City, the Escrow Agent, the Paying Agent nor any other <br />person shall be liable or responsible to any owners and/or <br />holders of such Defeased Bonds for any further payment of <br />such unclaimed moneys or on account of any such Defeased <br />Bonds. <br /> <br />Section 2.03. Sufficiency of Escrow Fund. The City <br />represents that the debt service requirements of the Defeased <br />Bonds are correctly set forth in the Certificate of <br />(the "CPA Certificate") annexed hereto as "Exhibit C" and <br />hereby made a part of this Escrow Agreement and that, based <br />upon the CPA Certificate, the successive receipts of the <br />principal of and interest on the Escrowed Securities will <br />assure that the cash balance on deposit from time to time in <br />the Escrow Fund will at all times be sufficient to provide <br />moneys for transfer to the Paying Agent at the times and in <br />the amounts required to pay the interest on the Defeased <br />Bonds as such interest comes due and to pay the principal of <br />the Defeased Bonds as it matures. <br /> <br />Section 2.04. Status and Use of Escrow Fund. Except <br />as specified in Section 3.02 hereof, the Escrow Agent at all <br />times shall hold the Escrow Fund, the Escrowed Securities <br />and all other assets of the Escrow Fund wholly segregated <br />from all other funds and securities on deposit with the <br />Escrow Agent; it shall never allow the Escrowed Securities <br />or any other assp.ts of the Escrow Fund to be commingled with <br />any other funds or securities of the Escrow Agent; and it <br />shall hold and dispose of the assets of the Escrow Fund only <br /> <br />001RDRBR/193BOl <br /> <br />-3- <br />