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<br />furnished in connection with financing of the acquisition, construction and equipping of the Project
<br />Facilities, recourse under which is not, by its terms, expressly limited in accordance with this
<br />Section 10.13.
<br />(f) Notwithstanding anything to the contrary, Governmental Lender, Funding Lender,
<br />Controlling Person and Noteowners shall not be deemed to have waived any right such Persons
<br />may have under Section 506(a), 506(b), 1111(b) or any other provisions of the Bankruptcy Code
<br />to file a claim for the full amount of Borrower’s and Guarantor’s Obligations under the Funding
<br />Loan Documents or to require that all collateral shall continue to secure all Obligations under the
<br />Funding Loan Documents.
<br />Section 10.14 Publicity. The Borrower hereby authorizes the Controlling Person or the Funding
<br />Lender and their respective affiliates, without further notice or consent, to use the Borrower’s and its
<br />affiliates’ name(s), logo(s) and photographs related to the Project Facilities in its advertising, marketing
<br />and communications materials on a national and/or international basis. Such materials may include web
<br />pages, print ads, direct mail and various types of brochures or marketing sheets, and various media formats
<br />other than those listed (including without limitation video or audio presentations through any media form).
<br />In these materials, the Controlling Person or the Funding Lender also may discuss at a high level the types
<br />of services and solutions the Controlling Person or the Funding Lender has provided the Borrower. This
<br />authorization shall remain in effect unless the Borrower notifies the Controlling Person in writing in
<br />accordance with the notice provisions set forth herein that such authorization is revoked. The Controlling
<br />Person or the Funding Lender shall also have the right to publicize its involvement in the financing of the
<br />Project Facilities, including the right to maintain a sign indicating such involvement at a location at the
<br />Project Facilities reasonably acceptable to the Borrower and Controlling Person.
<br />Section 10.15 Determinations by the Funding Lender and Controlling Person. Subject to specific
<br />provisions in this Agreement to the contrary, in any instance under this Agreement where the consent or
<br />approval of the Controlling Person or the Funding Lender may be given or is required, or where any
<br />determination, judgment or decision is to be rendered by the Controlling Person or the Funding Lender
<br />under this Agreement, the granting, withholding or denial of such consent or approval and the rendering of
<br />such determination, judgment or decision shall be made or exercised by the Controlling Person or the
<br />Funding Lender (or its designated representative) at its sole and absolute discretion. The Funding Lender
<br />may by separate instrument delegate, assign, transfer and set over unto the Controlling Person any or all of
<br />the rights, remedies, duties and obligations of the Funding Lender under this Funding Loan Agreement and
<br />the other Funding Loan Documents, in which event the Controlling Person shall have each of the rights,
<br />remedies, duties and obligations delegated to it as if specifically named herein and in the other Funding
<br />Loan Documents, as applicable, and shall be entitled to act in its own name, but if necessary in the name
<br />and stead of the Funding Lender, to enforce each of the remedies provided to the Funding Lender hereunder
<br />or under the other Funding Loan Documents.
<br />Section 10.16 Further Assurances. The Borrower will promptly and duly execute, acknowledge
<br />and deliver from time to time such further instruments and take such further actions as may be reasonably
<br />required by the Governmental Lender, the Funding Lender or the Controlling Person to carry out the
<br />purposes and provisions of this Agreement and to the other Funding Loan Documents, to make elections or
<br />take actions (or, as requested, to refrain from making elections or taking actions) related to the audit
<br />procedures involving the Borrower and/or its partners set forth in the Bipartisan Budget Act of 2015 so that
<br />the Borrower’s members, equityholders, shareholders, and partners will be directly responsible for any audit
<br />adjustments, changes or modifications rather than the Borrower, to confirm the priority and/or perfection
<br />of any lien, pledge, assignment or security interest created or intended to be created by this Agreement and
<br />the other Funding Loan Documents and to assure the Controlling Person and the Funding Lender of the
<br />subrogation and security rights in favor of the Funding Lender (or the Fiscal Agent for the benefit of the
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