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it is printed and no liability shall attach to the City or any officer or agent thereof (including any • paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use. All expenses in relation to the printing of such numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of and shall be paid for by the purchaser of the Bonds. SECTION 7. (a) The City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the Treasury Regulations promulgated under such Sections 103 and 141-150 throughout the term of the Bonds. (b) The Bonds are hereby designated as "qualified tax-exempt obligations" for purposes of Section 265 of the Internal Revenue Code of 1986. SECTION 8. The net proceeds of the sale of the Series 2009A Bonds shall be applied to the payment of the cost of the following public improvement projects of and for the City in substantially the following respective amounts: Projects Amounts Public Schools $ 500,000 Transportation and Access (Including • Downtown Mall) Improvements 6,000,000 Parks and Recreation 8,500,000 Water System Improvements 1,500,000 Sewer System Improvements 1,500,000 $18,000,000 If any project set forth above shall require less than the entire respective amount so set forth, the difference may be applied to any of the other projects so set forth. SECTION 9. (a) The Bonds shall be sold in one or more series in accordance with the provisions of Section 2 at competitive or negotiated sale at not less than ninety-eight percent (98%) of the principal amount thereof (less any original issue discount) and on such other terms and conditions as are provided in the Notice of Sale thereof or in the Purchase Contract relating thereto. (b) If the Bonds are sold at competitive sale, they may be sold contemporaneously with other bonds of the City under a combined Notice of Sale. If the Bonds are sold at competitive sale, the City Manager is hereby authorized to cause to be published and distributed a Notice of Sale of the Bonds in such form and containing such terms and conditions as the may deem advisable, subject to the provisions hereof. In lieu of publishing the full text of the Notice of Sale in accordance with the provisions of the immediately preceding sentence, the City Manager is hereby authorized to cause a Summary Notice of Sale in such form as the City Manager shall approve to be published in The Bond Buyer on a date selected by the City • Manager. -6- 560892.1 032321 RES