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the dates and in the manner provided therein according to the true intent and meaning hereof <br /> and thereof. The Series 2017 Bond shall not be or constitute a general obligation or <br /> indebtedness of the Issuer as a 'bond" within the meaning of Article VII, Section 12 of the <br /> Constitution of Florida, but shall be payable in the manner and to the extent provided in the <br /> Resolution. No Holder of any Series 2017 Bond issued hereunder shall ever have the right to <br /> compel the exercise of any ad valorem taxing power to pay such Series 2017 Bond, or be entitled <br /> to payment of such Series 2017 Bond from any funds of the Issuer except from the Pledged <br /> Funds as described in the Resolution and the covenant to budget and appropriate Non-Ad <br /> Valorem Revenues as described in Section 8 hereof. <br /> Section 8. Covenant to Budget and Appropriate. Subject to the next paragraph, to the <br /> extent Pledged Funds are then insufficient, the Issuer covenants and agrees and has a positive <br /> and affirmative duty to appropriate in its annual budget, by amendment, if necessary, from <br /> Non-Ad Valorem Revenues, and to deposit into the Restricted Revenue Account,five days prior <br /> to each interest payment date, as necessary, amounts sufficient to pay principal of and interest <br /> on the Series 2017 Bond and all other payments due under the Resolution not being paid from <br /> other amounts as the same shall become due. Such covenant and agreement on the part of the <br /> Issuer to budget, appropriate and deposit such amounts of Non-Ad Valorem Revenues shall be <br /> cumulative to the extent not paid, and shall continue until such Non-Ad Valorem Revenues or <br /> other legally available funds in amounts sufficient to make all such required payments shall <br /> have been budgeted, appropriated, deposited and actually paid. No lien upon or pledge of <br /> such budgeted Non-Ad Valorem Revenues shall be in effect until such monies are budgeted, <br /> appropriated and deposited as provided herein. The Issuer further acknowledges and agrees <br /> that the obligations of the Issuer to include the amount of such amendments in each of its <br /> annual budgets and to pay such amounts from Non-Ad Valorem Revenues may be enforced in <br /> a court of competent jurisdiction in accordance with the remedies set forth in herein. <br /> Until such monies are budgeted, appropriated and deposited as provided herein, such <br /> covenant to budget and appropriate does not create any lien upon or pledge of such Non-Ad <br /> Valorem Revenues, nor does it preclude the Issuer from pledging in the future its Non-Ad <br /> Valorem Revenues, nor does it require the Issuer to levy and collect any particular Non-Ad <br /> Valorem Revenues, nor does it give the Holder of the Series 2017 Bond a prior claim on the <br /> Non-Ad Valorem Revenues as opposed to claims of general creditors of the Issuer. Such <br /> covenant to budget, appropriate and deposit Non-Ad Valorem Revenues is subject in all <br /> respects to the prior payment of obligations secured by a lien on and pledge of specific <br /> components of the Non-Ad Valorem Revenues heretofore or hereafter entered into (including <br /> the payment of debt service on bonds and other debt instruments). Anything in the Resolution <br /> to the contrary notwithstanding, it is understood and agreed that all obligations of the Issuer <br /> hereunder shall be payable solely from the portion of Non-Ad Valorem Revenues budgeted, <br /> appropriated and deposited as provided for herein and nothing herein shall be deemed to <br /> pledge ad valorem tax power or ad valorem taxing revenues or to permit or constitute a <br /> mortgage or lien upon any assets owned by the Issuer and no holder of the Series 2017 Bond nor <br /> any other Person, may compel the levy of ad valorem taxes on real or personal property within <br /> the boundaries of the Issuer or the use or application of ad valorem tax revenues in order to <br /> satisfy any payment obligations hereunder or to maintain or continue any of the activities of the <br /> Issuer which generate user service charges, regulatory fees, or arty other Non-Ad Valorem <br /> Revenues. Notwithstanding any provisions of the Resolution or the Series 2017 Bond to the <br /> contrary, the Issuer shall never be obligated to maintain or continue any of the activities of the <br /> Issuer which generate user service charges, regulatory fees or any Non-Ad Valorem Revenues. <br /> The Issuer is prohibited by law from expending moneys not appropriated or in excess of its <br /> current budgeted revenues and surpluses. Until such monies are budgeted, appropriated and <br /> deposited as provided herein,neither the Resolution nor the obligations of the Issuer hereunder <br /> shall be construed as a pledge of or a lien on all or any legally available Non-Ad Valorem <br /> Revenues of the Issuer, but shall be payable solely as provided herein subject to the availability <br /> of Non-Ad Valorem Revenues after satisfaction of funding requirements for obligations having <br /> an express lien on or pledge of such revenues and funding requirements for essential <br /> governmental services of the Issuer and is further subject to the provisions of Section 166.241, <br /> Florida Statutes (which makes it unlawful for any city to expend monies not appropriated and <br /> 3 <br />