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• i <br />to redeem the Certificates prior to maturity or to defense the Certificates, as permitted in accordance with <br />the Ordinance, such sales and use tax revenues are to be continued to be retained by the City to pledge to <br />and pay in full the refunding bonds or certificates. <br />(b) At the City's sole option, any such sales and use tax revenues retained by the City for <br />payment of the Certificates which are not needed for payment of the Certificates in any given fiscal year <br />of the City may be delivered to the Corporation for use pursuant to the Act. <br />(c) Once the Certificates are defeased or paid in full and all bonds or certificates issued to refund <br />the Certificates are paid in full, the City shall, as soon as possible, notify the Corporation of such fact, and <br />commencing on the date of the first distribution of such sales and use tax revenues to the City from the <br />Texas Comptroller of Public Accounts after such notification, the City shall deliver all of the proceeds of <br />the sales and use tax levied for the benefit of the Corporation to the Corporation. <br />Section 4. Notices. All notices required hereunder shall be in writing and delivered by certified <br />mail, return receipt requested, by facsimile, by overnight mail, or by personal delivery, and addressed as <br />follows: <br />If to the City: City of La Porte, Texas <br />Attention: City Manager <br />604 West Fairmont <br />La Porte, TX 77571. <br />Phone: (281) 471-5020 <br />Fax: (281) 471-7168 <br />If to the Corporation: City of La Porte Development Corporation <br />Attention: President <br />604 West Fairmont <br />La Porte, TX 77571 <br />Phone: (281) 471-5020 <br />Fax: (281) 471-7168 <br />Any party listed above may designate any additional or different address or facsimile number to <br />which communications under this Agreement shall be delivered by giving at least five days advance <br />notice thereof to the affected parties. <br />Section 5. Amendment. This Agreement may be amended by execution of an instrument by <br />both parties hereto; provided, however, this Agreement may not be amended to halt or limit the retention <br />of sales and use tax revenues collected by the City as described in Section 3 hereof. <br />Section 6. Binding Effect. This Agreement shall bind and inure to the benefit of the successors <br />of the parties hereto. <br />Section 7. Applicable Law. This Agreement shall be construed and governed in accordance <br />with the laws of the State of Texas. <br />Section 8. Severability. Any provision of this Agreement found to be prohibited by law shall be <br />ineffective only to the extent of such prohibition and shall not invalidate the remainder of this Agreement. <br />A-2 <br />20 <br />