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05-13-2020 Council Packet
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05-13-2020 Council Packet
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12316323v3 <br />45 <br />Notwithstanding the foregoing, those provisions of Sections 6.05, 7.04 and 7.05 which confer <br />certain rights upon the Issuer are intended to permit the Issuer to protect its interests under <br />Sections 4.04(b), 6.01 at 7.04 and 7.05 hereof, and are not for the benefit of the Borrower, <br />Trustee or Bondholders, and may be exercised by the Issuer in its sole discretion. The Issuer <br />shall not be liable to the Borrower, Trustee or Bondholders for any action or failure to act in <br />asserting its rights under said Sections. <br />Section 8.10 Limitation on Liability of the Issuer. It is understood and agreed by the <br />Borrower that the Bonds shall not be general obligations of the Issuer or give rise to a charge <br />against the general credit or taxing powers of the Issuer, but rather shall be special obligations <br />payable solely from revenues pledged and assigned to the payment thereof and secured by this <br />Loan Agreement. No Holder or Holders of the Bonds shall ever have the right to compel any <br />exercise of the taxing power of the Issuer to pay the Bonds or the interest or premium, if any, <br />thereon, nor to enforce payment thereof against any property of the Issuer except the revenues <br />under this Loan Agreement pledged to the payment thereof. No failure of the Issuer to comply <br />with any term, condition, covenant or agreement herein shall subject the Issuer to liability for <br />any claim for damages, costs or other financial or pecuniary charge, and no execution on any <br />claim, demand, cause of action or judgment shall be levied upon or collected from the general <br />credit, general funds or taxing power of the Issuer. The Bonds shall not constitute a debt of the <br />Issuer within the meaning of any constitutional, statutory or charter limitation. <br />Section 8.11 Term of Agreement. Except as otherwise provided herein, this Loan <br />Agreement shall remain in full force and effect from the date of execution hereof until such time <br />as the Indenture has been discharged in accordance with its terms. <br />[The balance of this page is intentionally left blank.]
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