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1 (B) COUNTY'S PAl'MENT OBLICATION SUBJECT TO ANNUAL APPROPRIATION; 2 TERMINATION OF COUNTI' OBLIGATIOh` AND REMEDIES UPON F~ILURE TO APPROPRI.aTE. 3 Notwithstanding anything expressed or implied herein or in the Certificates or any Supplemental ~ Agreement to the contrary, the County's obligation to make the Financinb Payments due in each ~ Fiscal Year shall be and remain subject to the County's having duly budgeted and appropriated, in 6 accordance with applicable law, funds for the purpose of paying such Financing Payments. 7 g (C) CONSEQUENCES OF FAILURE OR REFUS.AL TO BUDGET AND APPROPRIATE FINANCING 9 P.a~'MEI~~TS. If, for any reason, the County shall fail or refiise to dul}~ budget and appropriate, in ~0 accordance with applicable law, the Financing Payments coming due in any Fiscal Year and such I I failure ~r refusal shall continue through the end of the fifteenth day of such Fiscal Year (herein 12 called a`Nonappropriation Event"), then and in any such event: ~3 14 (1) except with respect to Appropriated Financing Payments, the County's ~~ obligations to make payments under this Agreement shall cease, terminate and be of no ~ 6 fiirther force effect; I7 ~ g (2) if so directed in writing by the Insurer, the Trustee shall declare the principal of ~ 9 all unpaid 1998 Financing Payments and the interest accrued thereon to be immediately due ?o and payable, whereupon such principal and interest shall become immediately due and ?~ payable, and the Trustee shall promptly thereafter give notice of such acceleration to the ?? Owners of all Outstanding 1998 Certificates in the manner (but not subject to the time ?3 limitations) provided for in case of notice of prepayment of the Certificates; and subject to ?4 any rights of a Credit Provider who has provided a Credit Facility as security for any ?~ Additioi~al Certificates, the Trustee shall declare the principal of all unpaid Financing 26 Payments evidenced by Additional Certificates, if any, and the interest accrued thereon to 27 be immediately due and payable, whereupon such principal and interest shall become and 28 be immediately due and payable, and the Trustee shall promptly thereafter give notice of ?9 such acceleration to the Owners of all such Outstanding Additional Certificates evidencing 3o such Financing Payments of such acceleration in the manner (but not subject to the time 31 limitations) provided for in case of notice of prepayment of the Certificates; provided thu~ 32 no such notice to the Owners need be given as a condition precedent to any such 33 acceleration; 34 ~~ (3) if any Certificates secured by a Credit Facility are accelerated as provided above, 36 the Trustee shall: 37 ~8 (a) if the Credit Facility provides for payment of all amounts owing under the ~~ related Certificates upon such acceleration: ~to `~ ~ (i) promptly fix a date for payment of such Certificates from moneys a? drawn or paid under the Credit Facility securing such Certificates, which date FINANCING AND TRUST AGREEMENT PAGE 4