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ARTICLE X <br /> MISCELLANEOUS <br /> Section 10.1: Defeasance. The City may defease the provisions of this Ordinance and <br /> discharge its obligations to the Registered Owners of any or all of the Certificates to pay the <br /> principal of and interest thereon in any manner now or hereafter permitted by law, including by <br /> depositing with the Paying Agent/Registrar, a trust company or commercial bank other than the <br /> Paying Agent/Registrar, or with the Comptroller of Public Accounts of the State of Texas either: <br /> (a) cash in an amount equal to the principal amount of such Certificates and <br /> premium, if any, and interest thereon to the date of maturity or redemption; or <br /> (b) pursuant to an escrow or trust agreement, cash and/or (i) direct noncallable <br /> obligations of United States of America, including obligations that are unconditionally <br /> guaranteed by the United States of America; (ii) noncallable obligations of an agency or <br /> instrumentality of the United States, including obligations that are unconditionally guaranteed or <br /> insured by the agency or instrumentality and that are rated as to investment quality by a <br /> nationally recognized investment rating firm not less than "AAA" or its equivalent; or (iii) <br /> noncallable obligations of a state or an agency or a county, municipality, or other political <br /> subdivision of a state that have been refunded and that are rated as to investment quality by a <br /> nationally recognized investment rating firm not less than"AAA" or its equivalent, which, in the <br /> case of(i), (ii) or (iii), may be in book-entry form, and the principal of and interest on which <br /> will, when due or redeemable at the option of the holder, without further investment or <br /> reinvestment of either the principal amount thereof or the interest earnings thereon, provide <br /> money in an amount which, together with other moneys, if any, held in such escrow at the same <br /> time and available for such purpose, shall be sufficient to provide for the timely payment of the <br /> principal of and interest thereon to the date of maturity or earlier redemption; <br /> provided, however, that if any of the Certificates are to be redeemed prior to their respective <br /> dates of maturity, provision shall have been made for giving notice of redemption as provided in <br /> this Ordinance. Upon such deposit, such Certificates shall no longer be regarded to be <br /> Outstanding or unpaid. Any surplus amounts not required to accomplish such defeasance shall <br /> be returned to the City. <br /> Section 10.2: Ordinance a Contract - Amendments. This Ordinance shall constitute <br /> a contract with the Registered Owners from time to time, be binding on the City, and shall not be <br /> amended or repealed by the City so long as any Certificate remains Outstanding except as <br /> permitted in this Section. The City may, without the consent of or notice to any Registered <br /> Owners, from time to time and at any time, amend this Ordinance in any manner not detrimental <br /> to the interests of the Registered Owners, including the curing of any ambiguity, inconsistency, <br /> or formal defect or omission herein. In addition, the City may, with the consent of Registered <br /> Owners who own in the aggregate 51% of the principal amount of the Certificates then <br /> Outstanding, amend, add to, or rescind any of the provisions of this Ordinance; provided that, <br /> without the consent of all Registered Owners of Outstanding Certificates, no such amendment, <br /> addition, or rescission shall (i) extend the time or times of payment of the principal of and <br /> interest on the Certificates, reduce the principal amount thereof, the redemption price, or the rate <br /> 22 <br /> HOU:3746876.1 <br />