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deposit therewith on the date of said report, including all moneys held by it received as interest on <br /> or profit from the collection of the Government Securities. <br /> Section 3.11. If at any time it shall appear to the Escrow Agent that the available proceeds <br /> of the Government Securities and deposits on demand in the Escrow Account will not be sufficient <br /> to make any payment due to the holders of any of the Refunded Bonds, the Escrow Agent shall <br /> notify the Treasurer, not less than five (5) days prior to such date, and the City agrees that it will <br /> from any funds legally available for such purpose make up the anticipated deficit so that no default <br /> in the making of any such payment will occur. <br /> ARTICLE IV <br /> COVENANTS OF CITY <br /> The City covenants and agrees with the Escrow Agent as follows: <br /> Section 4.01. The Escrow Agent shall have no responsibility or liability whatsoever for <br /> (a) any of the recitals of the City herein, (b)the performance of or compliance with any covenant, <br /> condition, term or provision of the Bond Ordinance, and (c) any undertaking or statement of the <br /> City hereunder or under the Bond Ordinance. <br /> Section 4.02. All payments to be made by, and all acts and duties required to be done by, <br /> the Escrow Agent under the terms and provisions of this Agreement, shall be made and done by <br /> the Escrow Agent without any further direction or authority of the City or the Treasurer. <br /> ARTICLE V <br /> AMENDMENTS,REINVESTMENT OF <br /> FUNDS,IRREVOCABILITY OF AGREEMENT <br /> Section 5.01. Except as provided in Section 5.04 hereof, all of the rights, powers, duties <br /> and obligations of the Escrow Agent hereunder shall be irrevocable and shall not be subject to <br /> amendment by the Escrow Agent and shall be binding on any successor to the Escrow Agent during <br /> the term of this Agreement. <br /> ExHiBiT A <br /> -7- <br />