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<br />Section 5.13 Obligation of Borrower to Construct the Project. Borrower shall proceed
<br />with reasonable dispatch (and in no event later than required under the Financing Documents) to
<br />complete the construction, development and equipping of the Project as required by the Financing
<br />Documents. If amounts on deposit in the Project Loan Fund designated for the Project and
<br />available to be disbursed to Borrower are not sufficient to pay the costs of such acquisition,
<br />construction, development and equipping, Borrower shall pay such additional costs from its own
<br />funds. Borrower shall not be entitled to any reimbursement from Governmental Lender, Fiscal
<br />Agent, Loan Servicer, Funding Lender Representative or Funding Lender in respect of any such
<br />additional costs or to any diminution or abatement in the repayment of the Project Loan. None of
<br />Fiscal Agent, Governmental Lender, Funding Lender, Funding Lender Representative or Loan
<br />Servicer makes any representation or warranty, either express or implied, that money, if any, which
<br />will be paid into the Project Loan Fund or otherwise made available to Borrower will be sufficient
<br />to complete the Project, and none of Fiscal Agent, Governmental Lender, Funding Lender,
<br />Funding Lender Representative or Loan Servicer shall be liable to Borrower or any other person
<br />if for any reason the Project is not completed.
<br />Section 5.14 Filing of Financing Statements. Borrower shall file or record or cause to
<br />be filed or recorded on or prior to the Delivery Date all UCC financing statements which are
<br />required to be filed or recorded in order fully to protect and preserve the security interests relating
<br />to the priority of the Project Loan, the Funding Loan, the Pledged Security and the Security
<br />Instrument, and the rights and powers of Governmental Lender, Fiscal Agent and Funding Lender
<br />in connection with such security interests. Borrower shall cooperate with Fiscal Agent in
<br />connection with the filing of any continuation statements for the purpose of continuing without
<br />lapse the effectiveness of such financing statements; provided, however, that Fiscal Agent shall
<br />only file or record, or cause to be filed or recorded, those UCC continuation statements on which
<br />Fiscal Agent is named as a secured party or additional secured party for financing statements that
<br />have been delivered to Fiscal Agent, at Borrower’s expense.
<br />ARTICLE VI
<br />INDEMNIFICATION
<br />Section 6.01 Indemnification.
<br />(a) Indemnified Losses. To the fullest extent permitted by law, Borrower agrees
<br />to indemnify, hold harmless and defend Governmental Lender, Fiscal Agent, Loan
<br />Servicer, Funding Lender and each of their respective officers, governing commissioners,
<br />members, directors, officials, employees, attorneys and agents (collectively, the
<br />“Indemnified Parties”), against any and all losses, damages (including, but not limited to,
<br />consequential and punitive damages), claims, actions, liabilities, costs and expenses of any
<br />conceivable nature, kind or character (including, without limitation, reasonable attorneys’
<br />fees, litigation and court costs, amounts paid in settlement and amounts paid to discharge
<br />judgments) to which the Indemnified Parties, or any of them, may become subject under
<br />federal or state securities laws or any other statutory law or at common law or otherwise
<br />(collectively, “Losses”), to the extent arising, directly or indirectly, out of or based upon
<br />or in any way relating to any of the following:
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