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shall not be liable for any expenses related hereto, including administrative expenses and fees
<br />and disbursements of the City's attorney, Bond Counsel and fiscal consultant retained in
<br />connection therewith, all of which expenses the Borrower agrees to pay.
<br />Section 7.7 City's Attorneys Fees and Costs. It notwithstanding the provisions of
<br />Section 7.6 hereof, the City incurs any expense, or suffers any losses, claims or damages, or
<br />incurs any liabilities in connection with the transaction contemplated by this Agreement, the
<br />Borrower will indemnify and hold harmless the City from the same and will reimburse the City
<br />for any reasonable legal or other expenses incurred by the City in relation thereto. The Borrower
<br />shall also reimburse the City for all other costs and expenses, including without limitation
<br />reasonable attorneys' fees, paid or incurred by the City in connection with (i) the discussion,
<br />negotiation, preparation, approval, execution and delivery of this Agreement, the Note, the
<br />Pledge Agreement and the documents and instruments related hereto or thereto; (ii) any
<br />amendments or modifications hereto or to the Note, the Pledge Agreement and any document,
<br />instrument or agreement related hereto or thereto, and the discussion, negotiation, preparation,
<br />approval, execution and delivery of any and all documents necessary or desirable to effect such
<br />amendments or modifications; and (iii) the enforcement by the City during the term hereof or
<br />thereafter of any of the rights or remedies of the City hereunder or under the Note, the Pledge
<br />Agreement or any document, instrument or agreement related hereto or thereto, including,
<br />without limitation, costs and expenses of collection in the Event of Default, whether or not suit is
<br />filed with respect thereto.
<br />Section 7.8 Release. The Borrower hereby acknowledges and agrees that the City
<br />shall not be liable to the Borrower, and hereby releases and discharges the City from any
<br />liability, for any and all losses, costs, expenses (including attorneys' fees), damages, judgments,
<br />claims and causes of action, paid, incurred or sustained by the Borrower as a result of or relating
<br />to any action, or failure or refusal to act, on the part of the Lender with respect to this Agreement
<br />or the documents and transactions related hereto or contemplated hereby, including, without
<br />limitation, the exercise by the Lender of any of its rights or remedies pursuant to Article 6, the
<br />Note, the Pledge Agreement, the Mortgage, the Security Agreement or any collateral security
<br />documents. The Borrower's release of the City pursuant to the preceding sentence does not
<br />extend to the Lender following the assignment of the City's rights to the Lender pursuant to the
<br />Pledge Agreement.
<br />Section 7.9 Assignment by City and Survivorship of Obligations. The City may
<br />assign its rights under this Agreement and any related documents to the Lender to secure
<br />payment of the principal of and interest and premium, if any, on the Note, conditioned upon the
<br />Lender's assumption of the City's and Lender's obligations to the Borrower hereunder, but any
<br />such assignment shall not operate to limit or otherwise affect the following provisions hereof to
<br />the extent that they run to the City from the Borrower to which extent they shall survive any such
<br />assignment:
<br />Section 3.6
<br />Section 4.1
<br />Section 4.3
<br />Section 6.5
<br />Section 7.6
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