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<br />. <br /> <br />expenses and claims ar~s~ng therefrom, and to perform all <br />covenants and other provisions pertaining to the City contained <br />in the Note, the Loan Agreement and the Construction Loan <br />Agreement and subject to Section 3-4. <br /> <br />. <br /> <br />3-4. Nature of Security. <br /> <br />Notwithstanding anything contained in the Note, the <br />Mortgage, the Assignment of Leases and Rents, the Loan <br />Agreement, the Pledge Agreement or any other document referred <br />to in Section 2-4 to the contrary, under the provisions of the <br />Act the Note may not be payable from or be a charge upon any <br />funds of the City other than the revenues and proceeds pledged <br />to the payment thereof, nor shall the City be subject to any <br />liability thereon, nor shall the Note otherwise contribute or <br />give rise to a pecuniary liability of the City or, to the <br />extent permitted by law, any of the City's officers, employees <br />and agents. No holder of the Note shall ever have the right to <br />compel any exercise of the taxing power of the City to pay the <br />Note or the interest thereon, or to enforce payment thereof <br />against any property of the City other than the revenues <br />pledged under the Pledge Agreement; and the Note shall not <br />constitute a charge, lien or encumbrance, legal or equitable, <br />upon any property of the City; and the Note shall not <br />constitute a debt of the City within the meaning of any <br />constitutional or statutory limitation; but nothing in the Act <br />impairs the rights of the Lender to enforce the covenants made <br />for the security thereof as provided in this Resolution, the <br />Loan Agreement, the Pledge Agreement, the Mortgage, the <br />Assignment of Leases and Rents, the Construction Loan <br />Agreement, the Security Agreement, the Guaranty and in the Act, <br />and by authority of the Act the City has made the covenants and <br />agreements herein for the benefit of the Lender; provided that <br />in any event, the agreement of the City to perform or enforce <br />the covenants and other provisions contained in the Note, the <br />Loan Agreement, the Pledge Agreement and the Construction Loan <br />Agreement shall be subject at all times to the availability of <br />revenues under the Loan Agreement sufficient to pay all costs <br />of such performance or the enforcement thereof, and the City <br />shall not be subject to any personal or pecuniary liability <br />thereon. <br /> <br />-. <br /> <br />19 <br />