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135242345v3 <br /> <br /> <br />63 <br />Lender to Fiscal Agent, Governmental Lender, Loan Servicer and Borrower. The removal <br />and reappointment shall be effective immediately upon receipt of such notice by Fiscal <br />Agent. Funding Lender may appoint any Person to act as Funding Lender Representative, <br />including, without limitation, Loan Servicer. If, for any reason, a Funding Lender <br />Representative resigns by written notice provided to Fiscal Agent, Funding Lender, <br />Governmental Lender, Loan Servicer and Borrower, all references to Funding Lender <br />Representative herein and in the other Financing Documents shall be deemed to refer to <br />Funding Lender until a successor Funding Lender Representative is appointed by Funding <br />Lender. <br />(c) Whenever pursuant to this Funding Loan Agreement or any other Financing <br />Document, Funding Lender Representative exercises any right given to it to approve or <br />disapprove, any arrangement or term hereof, the decision of Funding Lender <br />Representative to approve or disapprove or to decide whether arrangements or terms are <br />acceptable or not acceptable shall be in the sole discretion of Funding Lender <br />Representative, except as otherwise specifically indicated. <br />(d) Each Funding Lender, by their purchase or other acquisition of the Funding <br />Loan, shall be deemed to have acknowledged and agreed to the provisions of this Funding <br />Loan Agreement and the other Financing Documents with respect to Funding Lender <br />Representative and the rights and privileges thereof, including but not limited to the right <br />to control all remedies in respect of the Governmental Note and the Loans. <br />Section 10.06 Payments Due on Non-Business Days. In any case where a date of <br />payment with respect to the Funding Loan shall be a day other than a Business Day, then such <br />payment need not be made on such date but may be made on the next succeeding Business Day <br />with the same force and effect as if made on such date, and no interest shall accrue for the period <br />after such date provided that payment is made on such next succeeding Business Day. <br />Section 10.07 Counterparts. This Funding Loan Agreement may be executed in several <br />counterparts, each of which shall be an original and all of which shall constitute but one and the <br />same instrument. <br />Section 10.08 Laws Governing This Funding Loan Agreement. The effect and meaning <br />of this Funding Loan Agreement and the rights of all parties hereunder shall be governed by, and <br />construed according to, the internal laws of the Property Jurisdiction without regard to conflicts of <br />laws principles. <br />Section 10.09 No Recourse. No recourse under or upon any obligation, covenant or <br />agreement contained in this Funding Loan Agreement or in the Governmental Note shall be had <br />against any member, officer, commissioner, director or employee (past, present or future) of <br />Governmental Lender, either directly or through Governmental Lender or its governing body or <br />otherwise, for the payment for or to Governmental Lender or any receiver thereof, or for or to <br />Funding Lender, or otherwise, of any sum that may be due and unpaid by Governmental Lender <br />or its governing body upon the Governmental Note. Any and all personal liability of every nature <br />whether at common law or in equity or by statute or by constitution or otherwise of any such <br />member, officer, commissioner, director or employee, as such, to respond by reason of any act of