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liability of the City or a charge against its general cred�t, or taxing powers. Ii is further
<br />understood and agreed by the Borrower a.nd the Lender t�at the City shall incur no pecuniary
<br />liabiiity hereunder, and shail not be liable for any expenses related hereto, including
<br />administrative expenses and fees and disbursernents of the City's attorney, Bond Caunsel and
<br />fiscal consnitant retained in connection therewith, all of which expenses the Bo�rxower agrees to
<br />pay.
<br />Section 7.7 Cii�s Attorneys Fees az�d Costs. If, notwithstandix�g the provisions of
<br />Section 7.6 hezeof, the City incurs any expense, or suffers any losses, claims or damages, or
<br />incurs any liabilities in connectian with the transaction conternplated by this Agreement, the
<br />Barrower will indemnify and hold haz-miess the City from the sarne and wi�l reimburse the City
<br />for any reasonable legal or other expenses incurred by ihe City in relation thereto. The Borrower
<br />shall also reimburse ihe City for all other costs and expenses, including without limitation
<br />reasonable attorneys' fees, pa.xd or incurred by th� City in connection wiih (i) the discussion,
<br />negotiation, preparation, approval, execution and delivery of this Agreement, the Series 2408
<br />No�e, the Pledge Agreement and ihe documents and insiruments related hereto or thereto; (ii} any
<br />amendrr�ents or modifications hereto or to the Note, ihe Pledge Agree�ent and any doc�.unent,
<br />instrument or agreement related hereta or thereio, and the discussion, negotiation, preparation,
<br />approval, execution and delivery of any and all docurnents necessary or desirable to effect such
<br />amendments or modifications; and {iii) the enforcement by the City during the tez�m hereof ar
<br />thereafter of any oi the rights or remedies of the City hereunder or under the Note, the Pledge
<br />Agreement or atiy document, instrument or agreement related hereto or thereio, including,
<br />without limitation, costs and expenses of callection in the Event af Default, whether or not suit is
<br />filed with respect thereto.
<br />Sectian 7.$ 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, cosis, expenses {incl�zding attorneys' fees), damages, judgr�ents,
<br />clairns and causes of action, paid, incurred or sustained by the Barrower as a result of or relating
<br />to any action, or faiiure or reiusal to act, on ihe �art of the Lende� with respect to this Agreement
<br />ar the documents and transactions related hereto or contemplated hereby, including, without
<br />limitation, the exercise by the Lender of any of its rights ar re�edies pursuant to Article VI, the
<br />Series 2008 Note, the Pledge Agreement, the Mortgage ar any collateral s�curity dacuments.
<br />The Borrower's release of the City pursuant ta the preceding sentence does not extend to ihe
<br />Lender follawing the assignment of the City's rights to the Lender pursuant to the Pledge
<br />Agreemerzi.
<br />Section 7.9 Assi�nment bv City and Siarvivarship of Obli at�. The City rnay
<br />assign its rights under this Agreement and any related docurnents to the Lender to secure
<br />payrnent of the principal of and interest and premium, if any, on the Note, conditioned upon the
<br />Lenc�er's ass�nption of the City's and Lender's obligaiions to the Borrower hereunder, but any
<br />such assignm.ent shail not op�raie to limit or otherwise affec� the following provisions hezeaf to
<br />the extent that #hey run to the City from the Borrower to which extent they shall survive any such
<br />assignment:
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