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135242317v3 <br /> <br /> <br />30 <br /> <br />enforcement of its rights and remedies under any of the Financing Documents. No remedy <br />conferred upon or reserved to Funding Lender or Fiscal Agent by this Project Loan Agreement is <br />intended to be exclusive of any other available remedy or remedies, but each and every such <br />remedy shall be cumulative and shall be in addition to every other remedy given under this Project <br />Loan Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission <br />to exercise any right or power accruing upon any Event of Default shall impair any such right or <br />power or shall be construed to be a waiver thereof, but any such right and power may be exercised <br />from time to time and as often as may be deemed expedient. In order to entitle Funding Lender (or <br />Fiscal Agent at the direction of Funding Lender) to exercise any remedy reserved to it in this <br />Article, it shall not be necessary to give any notice, other than such notice as may be expressly <br />required by this Project Loan Agreement. <br />Section 7.04 Agreement to Pay Attorneys’ Fees and Expenses. In the event Borrower <br />shall default under any of the provisions of this Project Loan Agreement or any other Project Loan <br />Document and Governmental Lender, Fiscal Agent, Loan Servicer or Funding Lender <br />Representative shall employ attorneys or incur other expenses for the collection of loan payments <br />or the enforcement of performance or observance of any obligation or agreement on the part of <br />Borrower contained in this Project Loan Agreement, in the Project Note or any other Project Loan <br />Document, Borrower shall on demand therefor reimburse the reasonable fees of such attorneys <br />and such other expenses so incurred. <br />Section 7.05 No Additional Waiver Implied by One Waiver. In the event any <br />agreement contained in this Project Loan Agreement shall be breached by any party and thereafter <br />waived by the other parties, such waiver shall be limited to the particular breach so waived and <br />shall not be deemed to waive any other breach hereunder. <br />Section 7.06 Control of Proceedings. <br />(a) Notwithstanding anything to the contrary herein, Funding Lender <br />Representative shall have the sole and exclusive right at any time to direct the time, method <br />and place of conducting all proceedings to be taken in connection with the enforcement of <br />the terms and conditions of this Project Loan Agreement, or for the appointment of a <br />receiver or any other proceedings hereunder, in accordance with the provisions of law and <br />of this Project Loan Agreement. In addition, Funding Lender Representative shall have the <br />sole and exclusive right at any time to directly enforce all rights and remedies hereunder <br />and under the other Financing Documents with or without the involvement of Fiscal Agent <br />or Governmental Lender. In no event shall the exercise of any of the foregoing rights result <br />in an acceleration of the Project Loan without the express direction of Funding Lender <br />Representative. <br />(b) Governmental Lender and Fiscal Agent covenant that they will not, without <br />the prior written consent of Funding Lender Representative, take any of the following <br />actions: <br />(i) Prosecute any action with respect to a lien on the Project.