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<br />when necessary, as required by the Funding Loan Documents or this Funding Loan Agreement or otherwise
<br />as directed by the Funding Lender.
<br />(i) The Controlling Person shall obtain, and shall provide to the Funding Lender a
<br />copy of the Borrower’s certificates of compliance with the Regulatory Agreement or other evidence of such
<br />compliance submitted by the Borrower to the Governmental Lender or the Governmental Lender’s designee
<br />within thirty (30) days after the later of (i) the date it is required to be submitted to the Governmental Lender
<br />or the Governmental Lender’s designee, or (ii) the date it is actually so submitted.
<br />(j) The Controlling Person may perform additional duties with respect to the Funding
<br />Loan and Borrower Loan during construction of the Project Facilities or during the period following an
<br />Event of Default at the request of the Funding Lender.
<br />ARTICLE IX
<br />MISCELLANEOUS
<br />Section 9.1 Right of Funding Lender to Pay Taxes and Other Charges. If any tax,
<br />assessment or governmental or other charge upon any part of the Project Facilities is not paid as required,
<br />the Funding Lender may, subject to any indemnity required pursuant to Section 7.1(h) hereof, pay such tax,
<br />assessment or governmental or other charge, without prejudice, however, to any rights of the Funding
<br />Lender hereunder arising in consequence of such failure; and any amount at any time so paid under this
<br />Section, with interest thereon from the date of payment until paid at the greater of the rate of interest borne
<br />by the Governmental Note or the per annum rate of interest announced from time to time by the bank
<br />serving as Funding Lender as its “prime rate” shall become so much additional indebtedness secured by
<br />this Funding Loan Agreement, shall be given a preference in payment over the Governmental Note, and
<br />shall be paid out of the Security.
<br />Section 9.2 Limitation of Rights. With the exception of rights herein expressly conferred,
<br />nothing expressed or mentioned in or to be implied from this Funding Loan Agreement or the Governmental
<br />Note is intended or shall be construed to give to any Person other than the parties hereto, the Noteowners,
<br />the Controlling Person and the Borrower, any legal or equitable right, remedy or claim under or in respect
<br />to this Funding Loan Agreement or any covenants, conditions and provisions herein contained; this Funding
<br />Loan Agreement and all of the covenants, conditions and provisions herein being intended to be and being
<br />for the sole and exclusive benefit of the parties hereto, the Noteowners, the Controlling Person and the
<br />Borrower as herein provided.
<br />Section 9.3 Severability. If any provision of this Funding Loan Agreement is held to be in
<br />conflict with any applicable statute or rule of law or is otherwise held to be unenforceable for any reason
<br />whatsoever, such circumstances shall not have the effect of rendering the other provision or provisions
<br />herein contained invalid, inoperative, or unenforceable to any extent whatsoever. The invalidity of any one
<br />or more phrases, sentences, clauses or sections of this Funding Loan Agreement, shall not affect the
<br />remaining portions of this Funding Loan Agreement or any part thereof.
<br />Section 9.4 Notices. Except as otherwise provided herein, all notices, approvals, consents,
<br />requests, and other communications hereunder shall be in writing and shall be deemed to have been given
<br />when the writing is delivered if given or delivered by hand, overnight delivery service or electronic mail
<br />(with confirmed receipt) to the address or e-mail address set forth below and shall be deemed to have been
<br />given on the date deposited in the mail, if mailed, by first-class, registered or certified mail, postage prepaid,
<br />addressed as set forth below. Where required herein, notice shall be given by telephone, and promptly
<br />confirmed in writing, and shall be deemed given when given by telephone to the telephone numbers set
<br />forth below. The Governmental Lender, the Borrower, the Fiscal Agent, the Funding Lender, the
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