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<br />ARTICLE VI
<br />SPECIAL COVENANTS
<br />Section 6.01 No Warranty of Condition or Suitability; Indemnification. The Issuer
<br />does not make any warranty, either express or implied, as to the design or capacity of the Project,
<br />as to the suitability for operation of the Project, or that it will be suitable for the Borrower's
<br />purposes or needs. The Borrower releases the Issuer from, agrees that the Issuer shall not be
<br />liable for, and agrees to hold the Issuer, its Governing Body and its respective officers and
<br />employees, harmless against, any claim, cause of action, suit or liability for any loss or damage
<br />to property or any injury to or death of any person that may be occasioned by any cause
<br />whatsoever pertaining to the Project Facilities or the use thereof.
<br />The Borrower further agrees to indemnify and hold harmless the Trustee, the Issuer, their
<br />respective Governing Body, and its officers and employees, against any and all losses, claims,
<br />damages or liability to which the Trustee, the Issuer, its Governing Body, or their respective
<br />officers and employees, may become subject under any law or claim in connection with the
<br />issuance and sale of the Bonds, the carrying out of the transactions contemplated by this Loan
<br />Agreement, or in connection with the Project Facilities in any manner whatsoever, including in
<br />connection with the defeasance and redemption of the Bonds, and to reimburse the Trustee, the
<br />Issuer, their respective officers and employees, for any out-of-pocket legal and other expenses
<br />(including reasonable counsel fees) incurred by the Issuer, its officers and employees, in
<br />connection with investigating any such losses, claims, damages or liabilities or in connection
<br />with defending any actions relating thereto or in connection with any audit or inquiry by the
<br />Internal Revenue Service with respect to the Bonds. The Trustee and the Issuer agree, at the
<br />request and expense of the Borrower, to cooperate in the making of any investigation in defense
<br />of any such claim and promptly to assert any or all of the rights and privileges and defenses
<br />which may be available to the Trustee and Issuer, respectively. The provisions of this Section
<br />shall survive the payment and redemption of the Bonds.
<br />Section 6.02 Financial Statements. The Borrower agrees to furnish to the Trustee and
<br />the Original Purchaser no later than 150 days after the close of each fiscal year of the Borrower
<br />during the term hereof, a copy of annual audited financial statements of the Borrower for the
<br />preceding fiscal year, including a balance sheet and statements of changes in net assets and of
<br />unrestricted activities, audited by an Independent certified public accountant. The Borrower may
<br />satisfy this requirement through delivery of audited consolidated financial statements of the
<br />Borrower and affiliates, so long as, in the supplemental information included therein, there is
<br />specific information with respect to the Borrower sufficient to measure compliance with all
<br />relevant requirements set forth in this Loan Agreement and the Indenture.
<br />The Borrower also agrees to furnish, upon request of the Original Purchaser or any
<br />Holder owning not less than $1,000,000 in principal amount of outstanding Bonds, quarterly
<br />unaudited financial statements of the Borrower, not more than 45 days after the end of each
<br />fiscal quarter, except for its fourth fiscal quarter. Any information furnished by the Borrower
<br />under this paragraph shall also be delivered to the Electronic Municipal Market Access System
<br />("EMMA"), operated by the Municipal Securities Rulemaking Board ("MSRB"), in the same
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