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<br />Funding Loan or the Funding Loan Agreement, except only to the extent amounts are received for
<br />the payment thereof from Borrower under this Project Loan Agreement.
<br />Borrower hereby acknowledges that Governmental Lender’s sole source of money to repay
<br />the Funding Loan will be provided by the payments made by Borrower pursuant to this Project
<br />Loan Agreement, together with investment income on certain funds and accounts held by Fiscal
<br />Agent under the Funding Loan Agreement, and hereby agrees that if the payments to be made
<br />hereunder shall ever prove insufficient to pay all principal (or Prepayment Premium) and interest
<br />on the Funding Loan as the same shall become due (whether by maturity, prepayment, acceleration
<br />or otherwise), then upon notice from Fiscal Agent, Borrower shall pay such amounts as are
<br />required from time to time to prevent any deficiency or default in the payment of such principal
<br />(or Prepayment Premium) or interest, including, but not limited to, any deficiency caused by acts,
<br />omissions, nonfeasance or malfeasance on the part of Fiscal Agent, Borrower, Governmental
<br />Lender or any third party, subject to any right of reimbursement from Fiscal Agent, Governmental
<br />Lender or any such third party, as the case may be, therefor.
<br />Section 8.15 No Liability of Officers. No recourse under or upon any obligation,
<br />covenant, or agreement or in the Governmental Note, or under any judgment obtained against
<br />Governmental Lender, or by the enforcement of any assessment or by any legal or equitable
<br />proceeding by virtue of any constitution or statute or otherwise or under any circumstances, shall
<br />be had against any incorporator, member, director, commissioner, employee, agent or officer, as
<br />such, past, present, or future, of Governmental Lender, either directly or through Governmental
<br />Lender, or otherwise, for the payment for or to Governmental Lender or any receiver thereof, or
<br />for or to Funding Lender, of any sum that may be due and unpaid by Governmental Lender upon
<br />the Funding Loan. Any and all personal liability of every nature, whether at common law or in
<br />equity, or by statute or by constitution or otherwise, of any such incorporator, member, director,
<br />commissioner, employee, agent or officer, as such, to respond by reason of any act or omission on
<br />his or her part or otherwise, for the payment for or to Governmental Lender or any receiver thereof,
<br />or for or to Funding Lender, of any sum that may remain due and unpaid upon the Funding Loan,
<br />is hereby expressly waived and released as a condition of and consideration for the execution of
<br />this Project Loan Agreement and the issuance of the Governmental Note.
<br />Section 8.16 Capacity of Fiscal Agent. Fiscal Agent is entering into this Project Loan
<br />Agreement solely in its capacity as Fiscal Agent and shall be entitled to the rights, protections,
<br />limitations from liability and immunities afforded it as Fiscal Agent under the Funding Loan
<br />Agreement. Fiscal Agent shall be responsible only for the duties of Fiscal Agent expressly set forth
<br />herein and in the Funding Loan Agreement.
<br />Section 8.17 Reliance. The representations, covenants, agreements and warranties set
<br />forth in this Project Loan Agreement may be relied upon by Governmental Lender, Fiscal Agent,
<br />Bond Counsel, Loan Servicer, Funding Lender and Funding Lender Representative. In performing
<br />their duties and obligations under this Project Loan Agreement and under the Funding Loan
<br />Agreement, Governmental Lender and Fiscal Agent may rely upon statements and certificates of
<br />Borrower, upon certificates of tenants believed to be genuine and to have been executed by the
<br />proper person or persons, and upon audits of the books and records of Borrower pertaining to
<br />occupancy of the Project. In addition, Governmental Lender and Fiscal Agent may consult with
<br />counsel, and the opinion of such counsel shall be full and complete authorization and protection
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