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<br />incurring a penalty for late payment thereof, and (ii) on each succeeding Interest <br />Payment Date thereafter, so long as the City is required to pay such increased <br />interest. <br /> <br />(c) Upon the occurrence of an event that results in the City being required to pay <br />interest pursuant to subsection (a) of this Section 8.2, on any date following such <br />event the Obligations shall be subject to redemption, in whole or in part, at the <br />option of the City at a redemption price of the par value thereof plus accrued <br />interest (including any interest owed pursuant to Section 3.3(b) hereof) to the date <br />of redemption. <br /> <br />ARTICLE IX <br /> <br />MISCELLANEOUS <br /> <br />Section 9.1 : 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 Obligations 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 or with the Comptroller either: <br /> <br />(a) cash in an amount equal to the principal amount of such Obligations plus interest <br />thereon to the date of maturity; or <br /> <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, on the date the governing body of the issuer <br />adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to <br />investment quality by a nationally recognized investment rating firm not less than AAA or its <br />equivalent; or (iii) noncallable obligations of a state or an agency or a county, municipality, or <br />other political subdivision of a state that have been refunded and that, on the date the governing <br />body of the issuer adopts or approves the proceedings authorizing the issuance of refunding <br />bonds, are rated as to investment quality by a nationally recognized investment rating firm not <br />less than AAA or its equivalent, which, in the case of (i), (ii) or (iii), may be in book-entry form, <br />and the principal of and interest on which will, when due or redeemable at the option of the <br />holder, without further investment or reinvestment of either the principal amount thereof or the <br />interest earnings thereon, provide money in an amount which, together with other moneys, if <br />any, held in such escrow at the same time and available for such purpose, shall be sufficient to <br />provide for the timely payment of the principal of and interest thereon to the date of maturity. <br /> <br />Upon such deposit, such Obligations shall no longer be regarded to be Outstanding or unpaid. <br />Any surplus amounts not required to accomplish such defeasance shall be returned to the City. <br /> <br />Section 9.2: Ordinance a Contract - Amendments. This Ordinance shall constitute a <br />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 Obligation remains Outstanding except as <br />permitted in this Section. The City may, without the consent of or notice to any Registered <br /> <br />17 <br /> <br />HOU:25 16661.4 <br />