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Official Statement Airport Commission City and County of San ...

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attached hereto, with the signature <strong>of</strong> the appropriate <strong>of</strong>ficer signing on your behalf,<br />

authenticated by another one <strong>of</strong> your <strong>of</strong>ficers as well as an acknowledgement <strong>of</strong> the transferee<br />

signed by its <strong>of</strong>ficer on their behalf <strong>and</strong> authenticated by another one <strong>of</strong> its <strong>of</strong>ficers. Upon<br />

presentation <strong>and</strong> payment by the Applicant <strong>of</strong> $3,000 representing transfer fees payable under<br />

the Reimbursement Agreement, we shall forthwith effect a transfer <strong>of</strong> this Letter <strong>of</strong> Credit to<br />

your designated transferee. Transfers to designated foreign nationals specially designated<br />

nationals are not permitted as being contrary to the U.S. Treasury Department or Foreign Assets<br />

Control Regulations. Upon our endorsement <strong>of</strong> such transfer, the transferee instead <strong>of</strong> the<br />

transferor shall, without necessity <strong>of</strong> further action, be entitled to all the benefits <strong>of</strong> <strong>and</strong> rights<br />

under this Letter <strong>of</strong> Credit in the transferor’s place; provided that, in such case, any certificates<br />

<strong>of</strong> the Trustee to be provided hereunder shall be signed by one who states herein that he is a duly<br />

authorized <strong>of</strong>ficer or agent <strong>of</strong> the transferee.<br />

Communications with respect to this Letter <strong>of</strong> Credit shall be in writing <strong>and</strong> shall be<br />

addressed to us at c/o JPMorgan Chase Bank, National Association, 300 South Riverside Plaza,<br />

Mail Code IL1-0236, Chicago, Illinois 60606-0236, Attention: St<strong>and</strong>by Letter <strong>of</strong> Credit Unit,<br />

specifically referring to the number <strong>of</strong> this Letter <strong>of</strong> Credit. For telephone assistance, please<br />

contact the St<strong>and</strong>by Client Service Unit at (800) 634-1969, select Option 1, <strong>and</strong> have this Letter<br />

<strong>of</strong> Credit number available.<br />

Except as expressly stated herein, this Letter <strong>of</strong> Credit shall be governed by, <strong>and</strong><br />

construed in accordance with, the terms <strong>of</strong> the International St<strong>and</strong>by Practices 1998,<br />

International Chamber <strong>of</strong> Commerce Publication No. 590 (“ISP98”), except for Rule 2.06(c)<br />

there<strong>of</strong>, with regard to any amendment <strong>of</strong> this Letter <strong>of</strong> Credit for the purpose <strong>of</strong> extending the<br />

Stated Expiration Date <strong>and</strong> except for Rule 5.01(a) there<strong>of</strong>, with regard to any notice <strong>of</strong> dishonor<br />

which shall be given to you in the manner set forth above. Except as to matters governed by the<br />

ISP98, this Letter <strong>of</strong> Credit shall be governed by <strong>and</strong> construed in accordance with Article 5 <strong>of</strong><br />

the Uniform Commercial Code <strong>of</strong> the State <strong>of</strong> New York.<br />

All payments made by us hereunder shall be made from our funds <strong>and</strong> not with the funds<br />

<strong>of</strong> any other person.<br />

This Letter <strong>of</strong> Credit sets forth in full the terms <strong>of</strong> our undertaking, <strong>and</strong> such undertaking<br />

shall not in any way be modified or amended by reference to any other document whatsoever.<br />

Very truly yours,<br />

JPMORGAN CHASE BANK, NATIONAL<br />

ASSOCIATION<br />

By ____________________________________<br />

Its __________________________________<br />

Page 4 <strong>of</strong> 25

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