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5. Company has agreed and it is hereby determined that <br />any and all costs incurred by the City in connection with the <br />financing of the Project whether or not the Project is carried <br />to completion and whether or not approved by the Commissioner <br />will be paid by Company; <br />6. Briggs and Morgan, Professional Association, acting as <br />bond counsel, is authorized to assist in the preparation and <br />review of necessary documents relating to the Project, to <br />consult with the City Attorney, Company and the purchaser of <br />the Note as to the maturities, interest rates and other terms <br />and provisions of the Note and as to the covenants and other <br />provisions of the necessary documents and to submit such <br />documents to the Council for final approval; <br />7. Nothing in this resolution or in the documents pre- <br />pared pursuant hereto shall authorize the expenditure of any <br />municipal funds on the Project other than the revenues derived <br />from the Project or otherwise granted to the City for this <br />purpose. The Note shall not constitute a charge, lien or <br />encumbrance, legal or equitable, upon any property or funds of <br />the City except the revenue and proceeds pledged to the payment <br />thereof, nor shall the City be subject to any liability <br />thereon. The holder of the Note shall never have the right to <br />compel any exercise of the taxing power of the City to pay the <br />outstanding principal on the Note or the interest thereon, or <br />to enforce payment thereof against any property of the City. <br />The Note shall recite in substance that the Note including <br />interest thereon, is payable solely from the revenue and <br />proceeds pledged to the payment thereof. The Note shall not <br />constitute a debt of the City within the meaning of any <br />constitutional or statutory limitation; <br />8. In anticipation of the approval by the Commissioner of <br />Securities and Real Estate and the issuance of the Note to <br />finance all or a portion of the Project, and in order that <br />completion of the Project will not be unduly delayed when <br />approved, Company is hereby authorized to make such <br />expenditures and advances toward payment of that portion of the <br />costs of the Project to be financed from the proceeds of the <br />Note as Company considers necessary, including the use of <br />interim, short -term financing, subject to reimbursement from <br />the proceeds of the be financed from the proceeds of the Note <br />as Company considers necessary, including the use of interim, <br />short -term financing, subject to reimbursement from the <br />proceeds of the Note if and when delivered but otherwise <br />without liability on the part of the City. <br />