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135242345v3 <br /> <br /> <br />59 <br />Governmental Note from the gross income of the holders thereof for federal income <br />tax purposes. <br />(v) Fiscal Agent shall have received written confirmation that all fees, <br />expenses or reimbursement of any advances due to Funding Lender and Loan <br />Servicer under the Financing Documents have been fully paid. <br />Section 9.02 Discharge of Liability on Funding Loan. Upon the deposit with Fiscal <br />Agent, in trust, on or before the Maturity Date, of money or securities in the necessary amount (as <br />provided in Section 9.01 above) to pay or prepay the Funding Loan (whether upon or prior to the <br />Maturity Date or the prepayment date of the Funding Loan) provided that, if the Funding Loan is <br />to be prepaid prior to the maturity thereof, notice of such prepayment shall have been given as <br />provided in Article III or provision satisfactory to Fiscal Agent shall have been made for the giving <br />of such notice, all liability of Governmental Lender in respect of the Funding Loan shall cease, <br />terminate and be completely discharged, except only that thereafter Funding Lender shall be <br />entitled to payment by Governmental Lender, and Governmental Lender shall remain liable for <br />such payment, but only out of the money or securities deposited with Fiscal Agent as aforesaid for <br />their payment, subject, however, to the provisions of Section 9.03 hereof. <br />Section 9.03 Payment of Funding Loan After Discharge of Funding Loan <br />Agreement. Notwithstanding any provisions of this Funding Loan Agreement, and subject to <br />applicable unclaimed property laws of the Property Jurisdiction, any money deposited with Fiscal <br />Agent or any paying agent in trust for the payment of the principal of, interest or Prepayment <br />Premium on the Governmental Note remaining unclaimed for [_____] years after the maturity or <br />earlier payment date: [(a) shall be reported and disposed of by Fiscal Agent in accordance with <br />applicable unclaimed property laws; or (b)] to the extent permitted by applicable law, shall be paid <br />to Borrower, whereupon all liability of Governmental Lender and Fiscal Agent with respect to <br />such money shall cease, and Funding Lender shall thereafter look solely to Borrower for payment <br />of any amounts then due. All money held by Fiscal Agent and subject to this Section 9.03 shall be <br />held uninvested and without liability for interest thereon. <br />ARTICLE X <br />MISCELLANEOUS <br />Section 10.01 Servicing of the Loans. Funding Lender Representative may appoint a <br />Loan Servicer (which may be Funding Lender Representative if Funding Lender Representative <br />elects to service the Loans) to service the Loans as provided in Section 3.02 of the Project Loan <br />Agreement. <br />Section 10.02 Limitation of Rights. With the exception of rights herein expressly <br />conferred, nothing expressed or to be implied from this Funding Loan Agreement or the <br />Governmental Note is intended or shall be construed to give to any Person other than the Parties <br />hereto, Funding Lender, Funding Lender Representative, Loan Servicer and Borrower, any legal <br />or equitable right, remedy or claim under or in respect to this Funding Loan Agreement or any <br />covenants, conditions and provisions hereof. <br />Section 10.03 Construction of Conflicts; Severability.