O-1991-1755 - Laserfiche WebLink

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;r . . Official Statement and the City will not cooperate in the preparation and distribution of a supplement or amendment. (f) A general banking moratorium shall have been declared by authorities of the United States, the State of New York or the State of Texas. 9. Expenses. (a) At or promptly following the Closing, the City shall pay (and the Underwriter shall be under no obligation to pay), any expenses mcident to the rerformance of the City's obligations hereunder, IncludIng but not limited to: (i the cost of the preparation,Jrinting and distribution of the Preliminary Official Statement and the Offici Statement (ii) the cost of the preparation and printing of the Bonds; (ill) the fees and expenses of Bond Counsel to the City; and (IV) Fees and expenses of the Escrow Agent for the refunded bonds; (v) Fees and expenses of the paying agent for the Bonds; (vi) the insurance premium for municipal bond insurance on the bonds; (vii) the fees and disbursements of the Attorney General of Texas and the Ci!1s accountants, advisors, and any other experts or consultants retained by the CIty, including the fee of the independent ce:rtified accountants named in the Official Statement for the preparation of the verification report relating to the refunding. (b) The Underwriter shall pay: (i) all advertising expenses in connection with the offering of the Bonds; (ii) the cost of the preparation and printing of all the underwriting documents, including this Bond Purchase Agreement; and (ill) all other expenses incurred by it in connection with its offering and distribution of the Bonds. (c) In the event that the Bonds are not purchased by the Underwriter, except as otherwise permitted in Paragraph 7 hereof, the Underwriter shall be responsible for the payment of all costs and expenses of the City incident to the authorization, issuance and delivery of the Bonds. 10. Notices. Any notice or other communication to be given to the City under this Bond Purchase Agreement may be given by delivering the same in writing at the address for the City set forth above, and any notice or other communication to be ~iven to the Underwriter under this Bond Purchase Agreement may be given by delIvery the same in writing to Masterson Moreland Sauer Whisman, Inc., 333 Clay Street, Suite 4000, Houston, Texas 77002, Attention: Drew K. Masterson. The approval of the Underwriter when required hereunder or the determination of their satisfaction as to any document referred to herein shall be in writing, signed by the Underwriter and delivered to the City. 11. Parties in Interest. This Bond Purchase Agreement is made solely for the benefit of the City and the Underwriter (including the successors or assigns of the Underwriter) and no other person shall acquire or have the right hereunder or by virtue hereof. The City's representations, warranties and agreements contained in this Bond Purchase Agreement shall remain operative and in full force and effect, regardless of (i) any investigations made by or on behalf of the Underwriter and (ii) delivery of any payment for the Bonds hereunder; and the City's representation and warranties contained in Paragraph 5 of this Bond Purchase Agreement shall remain operative and in full force and effect, regardless of any termination of this Bond Purchase Agreement. -9-