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-20- <br />(5) The Rate Stabilization Fund may be depleted and closed if: (i) Expansion Project Debt Service is in fact being paid entirely from Regional Service Charges; or (ii) if all scheduled Expansion Project Debt Service has been paid or provided for. (6) The parties acknowledge and agree that the District can provide no assurances that amounts will be in the Rate Stabilization Fund to pay the District’s share of Expansion Project Debt Service. Section 4.09. Provisions Relating to Regional Agreement. In order to secure the Bonds, the District and Pleasanton hereby agree, for the benefit of the Bondholders and the trustee for the Bonds, as follows: (a) Termination. The District and Pleasanton hereby surrender their right to terminate the Regional Agreement pursuant to Section 18, unless and until the Bonds are Discharged; provided, however, that if both Pleasanton and the District decide to have another public agency (the “Regional Agency”) assume responsibility for operation of the Regional Facilities, the Regional Agreement may be terminated to reflect said change in operation of the Regional Facilities, subject to the following: (i) the Regional Agency shall assume all obligations of the District and Pleasanton hereunder; and (ii) this Contract shall be amended to incorporate all relevant provisions of the Regional Agreement, including specifically the rate setting mechanism contained in Section 10 of the Regional Agreement. (b) Third Party Beneficiary. The trustee for the Bonds and any financial institution providing insurance or a letter of credit to secure the Bonds shall be third-party beneficiaries of the Regional Agreement. (c) Amendment of Regional Agreement. The District and Pleasanton will not amend the Regional Agreement so as to materially adversely affect the holders of the Bonds, which shall be determined by the Rating Agency then rating the Bonds indicating in writing that such amendment would or would not result in a downgrading to the rating then in effect for the Bonds. If the Rating Agency then rating the Bonds declines for any reason to comment in writing on the effect of such proposed amendment on the rating then in place on the Bonds, then such proposed amendment shall be determined not to be materially adverse to the holders of the Bonds if Bond Counsel delivers to the trustee for the Bonds an opinion to that effect. (d) Use of Regional Service Charges. Notwithstanding Section 10(b) of the Regional Agreement, funds derived from Regional Service Charges may be used to advance funds to pay Expansion Project Debt Service.