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1 J� <br /> 1 <br /> Members or officers of the City to hold and exercise their respective positions or <br /> contesting or which would contest the creation, due organization and valid existence of <br /> the City or contesting or which would contest the validity, due authorization, execution or <br /> delivery of the Series 2010 Bonds or the City Documents or attempting to limit, enjoin or <br /> otherwise restrict or prevent the City from functioning and collecting revenues (including <br /> payments on the Series 2010 Obligations (as defined in the City Documents)) and other <br /> income. <br /> 8. Attached hereto as Exhibit B is a true and correct copy of the Information <br /> Return for Tax-Exempt Private Activity Bond Issues (Form 8038, Department of the <br /> Treasury, Internal Revenue Service) (the "8038"), which has been prepared on behalf of <br /> the City with respect to the Series 2010 Bonds and the original of which has been <br /> manually signed by the officer whose name appears thereon. The City further certifies <br /> that it has caused the 8038 to be filed with the appropriate office of the Internal Revenue <br /> Service or will cause the Information Return to be filed with the appropriate office of the <br /> Internal Revenue Service within the time required by Section 149(e) of the Code. <br /> 9. No member of the City Council and no officer or official of the City has <br /> any pecuniary interest, directly or indirectly, in any contract, employment, lease, <br /> purchase or sale made or to be made in connection with the proposed transaction <br /> contemplated by the City Documents. <br /> 10. The City has duly authorized, executed and delivered by all necessary <br /> action the Series 2010 Bonds and the City Documents and as of the date hereof, each is in <br /> full force and effect and each constitutes the valid, binding and enforceable obligation of <br /> the City, and the City is entitled to the benefits of the same. The City has authorized by <br /> all necessary action the execution, delivery, receipt and due performance of each of the <br /> foregoing instruments and any and all such other agreements and documents as may be <br /> required to be executed, delivered and received by the City in order to carry out, give <br /> effect to and consummate the transaction contemplated by the foregoing instruments. <br /> 11. The seal affixed to this certificate and which has been affixed to the Series <br /> 2010 Bonds and the City Documents is the legally adopted, proper and only official seal <br /> of the City. <br /> 12. The execution and delivery of the City Documents and the compliance by <br /> the City with the provisions thereof will not conflict with or constitute on the part of the <br /> City a breach of or a default under any existing law, court or administrative regulations, <br /> decree or order or any agreement or other instrument to which the City is subject or by <br /> which it or its properties is or may be bound. <br /> 3 <br />