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<br />Section 7.6 Limitation of City’s Liability. It is understood and agreed by the Borrower
<br />and the Lender that no covenant of the City herein shall give rise to a pecuniary liability of the
<br />City or a charge against its general credit, or taxing powers. It is further understood and agreed by
<br />the Borrower and the Lender that the City shall incur no pecuniary liability hereunder, and shall
<br />not be liable for any expenses related hereto, including administrative expenses and fees and
<br />disbursements of the City’s attorney, Bond Counsel and fiscal consultant retained in connection
<br />therewith, all of which expenses the Borrower agrees to pay.
<br />Section 7.7 City’s Attorneys’ Fees and Costs. If, notwithstanding the provisions of
<br />Section 7.6 hereof, the City incurs any expense, or suffers any losses, claims or damages, or incurs
<br />any liabilities in connection with the transaction contemplated by this Agreement, the Borrower
<br />will indemnify and hold harmless the City from the same and will reimburse the City for any
<br />reasonable legal or other expenses incurred by the City in relation thereto. The Borrower shall
<br />also reimburse the City for all other costs and expenses, including without limitation reasonable
<br />attorneys’ fees, paid or incurred by the City in connection with (i) the discussion, negotiation,
<br />preparation, approval, execution and delivery of this Agreement, the Note, the Pledge Agreement
<br />and the documents and instruments related hereto or thereto; (ii) any amendments or modifications
<br />hereto or to the Note, the Pledge Agreement and any document, instrument or agreement related
<br />hereto or thereto, and the discussion, negotiation, preparation, approval, execution and delivery of
<br />any and all documents necessary or desirable to effect such amendments or modifications; and (iii)
<br />the enforcement by the City during the term hereof or thereafter of any of the rights or remedies
<br />of the City hereunder or under the Note, the Pledge Agreement or any document, instrument or
<br />agreement related hereto or thereto, including, without limitation, costs and expenses of collection
<br />in the Event of Default, whether or not suit is filed with respect thereto.
<br />Section 7.8 Release. The Borrower hereby acknowledges and agrees that the City shall
<br />not be liable to the Borrower, and hereby releases and discharges the City from any liability, for
<br />any and all losses, costs, expenses (including attorneys’ fees), damages, judgments, claims and
<br />causes of action, paid, incurred or sustained by the Borrower as a result of or relating to any action,
<br />or failure or refusal to act, on the part of the Lender with respect to this Agreement or the
<br />documents and transactions related hereto or contemplated hereby, including, without limitation,
<br />the exercise by the Lender of any of its rights or remedies pursuant to Article VI, the Note, the
<br />Pledge Agreement, the Mortgage or any collateral security documents. The Borrower’s release of
<br />the City pursuant to the preceding sentence does not extend to the Lender following the assignment
<br />of the City’s rights to the Lender pursuant to the Pledge Agreement.
<br />Section 7.9 Pledge and Assignment by City and Survivorship of Obligations. The City
<br />may pledge and assign its rights under this Agreement and any related documents to the Lender to
<br />secure payment of the principal of and interest and premium, if any, on the Note, conditioned upon
<br />the Lender’s assumption of the City’s and Lender’s obligations to the Borrower hereunder, except
<br />for the City’s obligations in connection with its representations in Section 2.1 hereof, which are
<br />not being assumed, but any such assignment shall not operate to limit or otherwise affect the
<br />following provisions hereof to the extent that they run to the City from the Borrower to which
<br />extent they shall survive any such assignment:
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<br />Section 3.5 Section 6.5
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