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11-13-2024 Council Packet
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11-13-2024 Council Packet
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135242317v3 <br /> <br /> <br />33 <br /> <br />Fiscal Agent agrees to accept and act upon Electronic Instruction and Notice of <br />written instructions and/or directions pursuant to this Project Loan Agreement. <br />(b) Fiscal Agent shall provide to Funding Lender Representative and Loan <br />Servicer (i) prompt notice of the occurrence of any Event of Default hereunder and (ii) any <br />written information or other communication received by Fiscal Agent hereunder within ten <br />(10) Business Days of receiving a written request from Funding Lender Representative for <br />any such information or other communication. <br />Section 8.02 Concerning Successors and Assigns. All covenants, agreements, <br />representations and warranties made herein and in the certificates delivered pursuant hereto shall <br />survive the financing herein contemplated and shall continue in full force and effect so long as the <br />obligations hereunder are outstanding. Whenever in this Project Loan Agreement any of the parties <br />hereto is referred to, such reference shall be deemed to include the successors and assigns of such <br />party; and all covenants, promises and agreements by or on behalf of Borrower which are contained <br />in this Project Loan Agreement shall bind its successors and assigns and inure to the benefit of the <br />successors and assigns of Governmental Lender, Fiscal Agent, Loan Servicer, Funding Lender and <br />Funding Lender Representative, as applicable. <br />Section 8.03 Governing Law. This Project Loan Agreement shall be construed in <br />accordance with and governed by the internal laws of the Property Jurisdiction and, where <br />applicable, the laws of the United States of America. <br />Section 8.04 Modifications in Writing. Modification or the waiver of any provisions of <br />this Project Loan Agreement or consent to any departure by the parties therefrom, shall in no event <br />be effective unless the same shall be in writing approved by the parties hereto and shall require the <br />prior written consent of Funding Lender Representative and then such waiver or consent shall be <br />effective only in the specific instance and for the purpose for which given. No notice to or demand <br />on Borrower in any case shall entitle it to any other or further notice or demand in the same <br />circumstances. <br />Section 8.05 Further Assurances and Corrective Instruments. Governmental Lender, <br />Fiscal Agent and Borrower agree that they will, from time to time, execute, acknowledge and <br />deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such <br />further instruments as may reasonably be required (including such supplements or further <br />instruments requested by Funding Lender Representative) for correcting any inadequate or <br />incorrect description of the performance of this Project Loan Agreement. <br />Section 8.06 Captions. The section headings contained herein are for reference purposes <br />only and shall not in any way affect the meaning or interpretation of this Project Loan Agreement. <br />Section 8.07 Severability. The invalidity or unenforceability of any provision of this <br />Project Loan Agreement shall not affect the validity of any other provision, and all other provisions <br />shall remain in full force and effect.
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