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<br />ARTICLE VI
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<br />SPECIAL COVENANTS
<br />Section 6.01 No Warranty of Condition or Suitability; Indemnification. The Issuer does
<br />not make any warranty, either express or implied, as to the design or capacity of the Project
<br />Facilities, as to the suitability for operation of the Project Facilities, or that they will be suitable
<br />for the Corporation’s purposes or needs. The Corporation releases the Issuer from, agrees that the
<br />Issuer shall not be liable for, and agrees to hold the Issuer, its City Council and its respective
<br />officers and employees, harmless against, any claim, cause of action, suit or liability for any loss
<br />or damage 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 Corporation further agrees to indemnify and hold harmless the Issuer, its officers and
<br />employees, against any and all losses, claims, damages or liability to which the Issuer, its officers
<br />and employees, may become subject under any law or claim in connection with the issuance and
<br />sale of the Bonds, the carrying out of the transactions contemplated by this Loan Agreement, or in
<br />connection with the Project Facilities in any manner whatsoever, including in connection with the
<br />defeasance and redemption of the Bonds, and to reimburse the Issuer, its officers and employees,
<br />for any out-of-pocket legal and other expenses (including reasonable counsel fees) incurred by the
<br />Issuer, its officers and employees, in connection with investigating any such losses, claims,
<br />damages or liabilities or in connection with defending any actions relating thereto. The Issuer
<br />agrees, at the request and expense of the Corporation, to cooperate in the making of any
<br />investigation in defense of any such claim and promptly to assert any or all of the rights and
<br />privileges and defenses which may be available to the Issuer. The provisions of this Section shall
<br />survive the payment and redemption of the Bonds.
<br />The Corporation further agrees to indemnify and hold harmless the Trustee, its officers and
<br />employees, against any and all losses, claims, damages or liability to which the Trustee, its officers
<br />and employees, may become subject under any law or claim in connection with the issuance and
<br />sale of the Bonds, the carrying out of the transactions contemplated by this Loan Agreement and
<br />the Indenture, 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, its
<br />officers and employees, for any out-of-pocket legal and other expenses (including reasonable
<br />counsel fees) incurred by the Trustee, its officers and employees, in connection with investigating
<br />any such losses, claims, damages or liabilities or in connection with defending any actions relating
<br />thereto. The provisions of this Section shall survive the payment and redemption of the Bonds
<br />Section 6.02 Financial Statements. The Corporation agrees to furnish to the Trustee and
<br />the Original Purchaser (i) no later than 150 days after the close of each fiscal year of the
<br />Corporation during the term hereof, a copy of annual audited financial statements of the
<br />Corporation for the preceding fiscal year, including a balance sheet and statements of changes in
<br />net assets and of unrestricted activities, audited by an Independent certified public accountant and
<br />(ii) quarterly unaudited statements upon request.
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